Punjab Land Revenue Act, 1887, Section 85, 88, 89 -- Pari materia with Order 21, Rules 84, 85 and 86 Civil Procedure Code - Nonpayment of entire balance within 15 days as prescribed under Section 88 - Sale is a nullity - Civil Court has jurisdiction to go into the matter - Civil Procedure Code (5 of 1908), Section 9 and Order 21 Rules 84, 85 and 86.
Sections 85, 88 and..........
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 Land Revenue Act, 1887, Section 61 -- Responsibility to pay land revenue - Primarily of person who is owner of the laud - Section 61 casts responsibility jointly and severally on all land-owners of the estate...........
Punjab Gram Panchayat Act, 1953, Section 23 - - Proceedings under - Exercise of powers by Gram Panchayat - Criminal judicial functions - Section 23 creates a criminal offence...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Rule 4 -- Merely details necessary information landlord must give in application for eviction of tenant on ground of own requirement - Landlord seeking eviction of tenant under Section 13(3)(a)(i) - Must prove all ingredients stated therein and must also give information as required under Rule 4 in application for..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) - - Landlord seeking ejectment of tenant on ground of own requirement - Must plead and prove all three ingredients of Section I3(3)(a)(i) - All three ingredients not listed separately but detailed in one single sub-para - Does not make any difference - Full Bench judgment 1975 R. C. J. 320 given..........
Punjab Security of Land Tenures Act, 1953, Section 19A -Bar on future acquisition of land beyond permissible limit - Acquisition of land upto permissible limit - Not covered by Section 19-A - Land declared surplus with landowner - Acquisition of more land by pre-emption - Pre-empted land even when added to permissible area if does not exceed permissible limit - Bar of..........
Punjab Land Revenue Act, 1887, Section 16 -- Revisio, Powers of Financial Commissioner - Unlimited and completely unfettered - Wider than that under Punjab Tenancy Act - Punjab Tenancy Act (16 of 1887), Section 84...........
Evidence Act, 1872, Section 33 -- Proviso - Scope of - Evidence of witness recorded in earlier case - Admissibility in a subsequent judicial proceeding - Requirements: (i) proceedings between the same parties, (ii) adverse party in first proceeding had right and opportunity to cross-examine, and (iii) questions in issue substantially the same in the first as in the second..........
Evidence Act, 1872, Section 110 -- Person shown to be in possession - Question about ownership - Burden of proving on him who affirms that person in possession is not the owner.
From the reading of Section 110 Evidence Act, it is clear that when the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that..........
