Evidence Act, 1872, Section 32 -- Dying declaration - It is the sacred duty of the Court while examining the dying declaration to ensure that the deceased was in a fit mental condition to make the statement and while making her statement it was her voluntary act and that she was not under pressure from any source - Because the deceased was never subjected to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iia), 3(2), 3(3) -as added by Punjab Act 8 of 1995 vide Notification dated 8 5 1995 - Excludes land which was Shamilat Deh and allotted on quasi-permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner, whatsoever, after the commencement of Act 8..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 3 -(= Punjab Village Common Lands (Regulation) Act, 1961, Section 4(i)(a)) - Amendment by Act 8 of 1995 vide Punjab Government Notification dated 8.5.1995 - Saving of all allotments/transfers made upto July 9, 1995, the date of pronouncement of Supreme Court judgment in Gram Panchayat Jamalpur's case 1985 PLJ 463...........
Land Acquisition Act, 1894, Section 5A -- Land Acquisition Collector while hearing objections under Section 5-A to comply with principles of natural justice while sending his report to State Government-Plea that Land Acquisition Collector could not devote any personal time and attention to each objector as more than 60 objectors called for hearing of objections on same..........
Land Acquisition Act, 1894, Section 4 -- Publication of substance of notification in the locality - Entry regarding proclamation in `Roznamcha Wakiati' - Plea that entry a mere paper entry and therefore no proper publication - `Roznamcha Wakiati1 carries a presumption of correctness and nothing to doubt correctness of entry - Cannot be held that there is non-compliance..........
Arbitration Act, 1940, Section 39 -- Appeal - Cross objects are maintainable if applicant could have sought for the same relief by filing an appeal in conformity with the provisions of S.39 of the Act - If cross objection does not fall within the purview of any of the categories contemplated by clauses (i) to (vi) of sub-section (1) of S.39 of the Act then cross objection..........
Punjab Land Revenue Act, 1887, Section 16 -- Revisional powers of Financial Commissioner - Wider than revisional powers of High Court under Section 115 Civil Procedure Code - Question of fact as well as law - Can be gone into by Financial Commissioner in revision...........
Punjab Land Revenue Act, 1887, Section 16(1) -- Suo motu exercise of revisional powers by Financial Commissioner - Only requirement - To provide opportunity of hearing to interested parties before setting aside order passed by subordinate officer - Section 16 empowers Financial Commissioner to set aside any order passed by his subordinate Revenue Officer in exercise of his..........
Punjab Pre-emption Act, 1913, Section 21A -- Transferee - Improvement in status - Provision nullifies the effect of acquisition of any right by the defendant in a pre-emption suit for the purpose of improvement of his status pendente lite except by way of inheritance or succession - It is not attracted only in a case where one of the co-owners as a defendant in a..........
Punjab Pre-emption Act, 1913, Section 28A -- Transferee - Improvement in status - In a suit of pre-emption if claim is based or a plea taken is dependent on a right of pre-emption derived from the co-ownership of the property and title to such land or property is liable to be defeated by enforcement of a right of pre-emption with respect to it, the Court is directed not to..........
