Jurisdiction -- Judgments/orders passed by Authorities under Punjab Security of Land Tenures Act - In personam - Only binds parties to it or persons named therein - Person who is neither a party nor named in order concerned - Under no obligation to take proceedings to get it set aside - Such order in eye of law ineffective and non est - Person who is not a party has no..........
Punjab Tenancy Act, 1887, Section 80, 82, 84 -- Appeal or review or revision - No right of a person who is not a party to proceedings - A person not a party may prefer appeal with leave of Appellate Court if he would be prejudicially affected by judgment and if it would be binding on him as res Judicata under Explanation 6 of Section 11 Civil Procedure Code...........
Jurisdiction -- Tribunal of limited jurisdiction - Civil Court jurisdiction expressly barred by statute - Order passed by Tribunal of special jurisdiction in violation of provisions of statute or principles of natural justice - A nullity - Open to challenge in Civil Court even if statute expressly bars jurisdiction of Civil Court to entertain suit to challenge validity or..........
Punjab Security of Land Tenures Act, 1953, Section 19A -- Decree for restoration of possession (to tenant) - Objection that decree-holder as a landowner and as a tenant already possessed of more land than permissible limit and therefore in view of Section (9-A not entitled to acquire or possess suit land - Not tenable - Assistant Collector cannot go into the question as to..........
Punjab Tenancy Act, 1887, Section 100 -- Purpose of Section 100 including sub-section (5) to validate proceedings or decree or final orders already passed though by a Court which had no jurisdiction in the matter - Proceedings taken and decree passed by a Court though not competent to take or pass the same stands validated by order of High Court directing registration of..........
Punjab Utilisation of Surplus Area Scheme, 1973 -- Paragraph 13 - Tenant resettled on surplus area at any time before commencement of Punjab Land Reforms Act - Deemed to have been allotted land in accordance with provisions of Scheme - Exception contained in proviso which excludes from applicability of paragraph 13 a tenant who is deemed to have become owner in accordance..........
Haryana Canal and Drainage Act, 1974, Section 24, 2(15) -- Watercourse which does not fall within definition in Section 2(15) - Outside scope of Section 24 - Restoration of dismantled watercourse - Sub Divisional Canal Officer can order restoration of dismantled watercourse only if water course : (i) sanctioned under the Act, or (ii) in existence under agreement, or (iii)..........
Punjab Gram Panchayat Act, 1992, Section 13OO, 13O - - 'Further relief under Section 13-OO of declaring electio, petitioner to have been elected - Has to be specifically prayed for in addition to relief under Section 13-O - Cannot be treated as any other relief - Not correct that further relief under Section 13-OO has to be or may be granted even in absence of such prayer..........
Himachal Pradesh Tenancy and Land Reforms Rules, 1975 -- Rules 27 and 28 - Proprietary rights acquired under Section 104(3) H. P. Tenancy and Land Reforms Act - Mutation of ownership in favour of no, occupancy tenant - Revenue Officer required to attest mutation in presence of parties - Neither notice nor reasonable opportunity of being heard given to landowner before..........
H.P.Tenancy and Land Reforms Act, 1974, Section 104(8)(a) -- Hindu idol - Not a minor - Not entitled to exemption under Section 104(8)(a)...........
