Haryana Municipalities Act, 1973, Section 95 -- Necessary pre - requisite - Order of assessment - Only when any amount due to Municipal Council by way of "arrears of any tax......" that application under Section 95 can be filed - Order of assessment must be passed before proceedings under Section 95 can be initiated - Order of determination of amount - Must precede filing..........
Arbitration Act, 1940, Section 39, 41 -- In an appeal under Section 39 of the Act, cross-objection by the respondent is not maintainable...........
Will -- Validity of - Neither date of Will disclosed nor its copy produced along with written statement - Will produced after one year of filing of written statement - Mutation sanctioned on the basis of natural succession as Will not produced - No explanation as to why Will not produced before Revenue Authorities and why date of Will not mentioned in written statement -..........
Registration Act, Section 17(1)(b) -- Compromise where purports to create a right to immovable property of more than Rs. 100/- Requires compulsory registration under Section 17(1)(b) - Absence of registration - Compromise cannot be read into evidence and set up as a document of title...........
Will -- Proof of - Does not ordinarily differ from that of other documents except special requirement of attestation by at least two witnesses - Cannot be used as evidence unless at least one attesting witness has been called for purpose of proving execution - Execution of Will if surrounded by suspicious circumstances - Suspicion cannot be removed by mere assertion of..........
Punjab Land Revenue Rules, 1908, Rule 19B -- Harijan Lambardar - Only one person applied in response to proclamation - Collector found the candidate suitable for the post and appointed him Harijan Lambardar - Order appointing Lambardar upheld in revision as no illegality or perversity in order of Collector - Punjab Land Revenue Act, Section 16...........
Land Acquisition Act, 1894, Section 17(4) -- Urgency, challenge to - Acquisition for constructing a drain for disposal of sewerage water - Nothing done at the site and landholder continued in possession of land - Possession of landholder threatened after he approached High Court and that too after 8 months of issue of notifications - Urgency invoked only to rule out..........
Land Acquisition Act, 1894, Section 4, 6 -- Simultaneous publication of notifications under Sections 4 and 6 - Not permissible - Government cannot issue two notifications together - Plea that notifications under Sections 4 and 6 despatched on different dates and therefore it should be taken to have been issued separately - Not tenable - Citizen only made aware of..........
Transfer of Property Act, 1882, Section 123 -- Gift deed executed by original owner, presented for registration by a duly authorised power of attorney, document duly attested by two witnesses out of whom one witness examined to prove the deed - Nothing more required to be done to satisfy requirements of Section 123 particularly when no specific denial taken to execution or..........
Evidence Act, 1872, Section 68 - - Proof of registered document - Proviso to Section 68 dispenses with necessity of calling attesting witness in proof of any document, except a Will, which has been registered when there is no specific denial by party against whom the document is relied upon...........
