Punjab Land Revenue Act, 1887, Section 158 -- Sale of land to recover arrears of land revenue - Revenue Authorities having no jurisdiction to recover the amount - Jurisdiction of Civil Court - Not excluded - Civil Procedure Code (5 of 1908), Section 9.
It is an established principle of law that if the act of the Authorities under any Act is without jurisdiction, then..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Takes away right of pre-emption where vendee is a tenant - Bars passing of decree for pre-emption against tenant-vendee - No appeal filed by tenant-vendee against decree for pre-emption passed by trial Court and first appellate Court - Appellate Court can pass any order as justice of case may require - Pre-emption..........
Civil Procedure Code, 1908, Section 115 -- Power under the section is supervisory power - Court is competent to call for the record and pass necessary order - Being a rare case this court should even act suo motu and pass suitable orders...........
Punjab Security of Land Tenures Act, 1953, Section 14A - - Rule 11, Punjab Tenancy Act (16 of 1887), Section 85 - Punjab Tenancy Rules, Rule 10 - Restoring possession of land - Notice and opportunity of hearing to parties concerned - Necessary - Even if possession obtained contrary to Law and Rules - Existing possession not to be disturbed without giving other party a..........
Civil Procedure Code, 1908, Section 96 -- Appellate interest interpreted - S.96 CPC deals with appeal from original decrees. It does not enumerate the persons who can file an appeal under the aforesaid section. It only lays down that an appeal shall lie from every decree passed by any court exercising original jurisdiction to the Court authorised to hear the appeals. It is..........
Civil Procedure Code, 1908, Section 144, Order 21, Rule 29 -- The provisions of Rule 29 of 0.21 of the Code applies as much to an application for execution as to an application for restitution - The mere fact that an application under Section 144 of the Code is no more in the Chapter on execution does change the nature of the application itself. It still remains an..........
Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - Power of High Court to appreciate evidence - Under section 103 CPC, the High Court may, if the evidence on the record is sufficient, determine any issue of fact necessary for the disposal of the appeal which has not been determined by the lower appellate court or which has been wrongly determined by such court..........
Civil Procedure Code, 1908, Section 113 -- Constitutionality of a section of the State Financial Corporation Act - On the point no decision either by High Court or Supreme Court - District Judge right in making the reference to the High Court...........
Civil Procedure Code, 1908, Section 66 -- Scope and object - If a person sets up a case of benami title in another, the onus is very heavy on him; besides he should expressly plead that the ostensible title holder is a benamidar for another and after having said so should expatiate the same by oral and documentary evidence. Courts do not allow the weaving and developing of..........
Civil Procedure Code, 1908, Section 141 -- Applicability of provisions of the code to writs - Held, that `Section 141 of the Code, to which reference has been made, makes it clear that the provisions of the Code in regard to suits shall be followed in all proceedings in any court of Civil jurisdiction as far as it can be made applicable. The words `as far as it can be made..........
