Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Court can order any party to produce documents which are in his possession or power, relating to matter in question, at any time - Consequences for non compliance are set forth U.O.11.R.21 CPC - Power extends to dismiss the suit for want of prosecution or if it is a case of defendant to struck off..........
Civil Procedure Code, 1908, Order 8, Rule 1, 1A -- Late production of documents - Document in possession or power of defendant on which he bases his defence or claim for set-off or counter claim shall be produced at the time of filing of written statement - Defendant if not in possession of a document will state in whose possession or power it is - However, Court has power..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - However, even after final decision, Court has discretion to take further assistance of Receiver as and when need arises - In the instant case decree put to execution - Executing Court while executing decree may take assistance of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of Receiver - Whenever a Receiver is appointed during pendency of suit or appeal, prime objective is to preserve the property by taking possession or otherwise and to keep an account of rent and profits that may be realized by Receiver and to submit it before the Court till lis is finally decided...........
, Section 24 - - Acquisition of land - Physical possession of land not taken by authorities even after five years of passing of award nor compensation was paid - Acquisition proceedings deemed to have lapsed in view of S.24(2) of the Act...........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - Tenant of an agricultural land is liable to be evicted only in manner provided under the Act, notwithstanding any contract on the basis of which tenant occupied possession of land for the purpose of cultivation - Action for eviction of a tenant can be taken before a Revenue Authority..........
Release deed -- Where the property is owned by two co-owners each having undivided equal share therein and one of them by a deed claims title while the other possession, document would be a release and not a conveyance - Even where one of the co-sharers of the joint agricultural land had simply renounced his claim in favour of another co-sharer in respect of the same..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Lapse of acquisition - Protection u/s 24(2) of the Act - Neither possession taken nor compensation paid - Sufficient ground for protection u/s 24(2) of the Act...........
Co-sharers -- Even a co-sharer in exclusive possession of any portion of joint property cannot be permitted to raise construction and to change nature thereof because every other co-sharer is joint owner in respect of every inch thereof...........
Co-sharers -- Possession of one co-sharer in joint property amounts to possession of all, even if other co-sharers are not in actual and physical possession thereof...........
