Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Stage - Board of Revenue without assigning any reason to explain the delay in filing the documents and considering why documents are necessary for proper disposal of case, allowed the application for additional evidence - Applicability of O.41.R.27 CPC to the proceedings under U.P. Land..........
Agreement to sell -- Mere contract for sale of immovable property coupled with entries in revenue records, does not confer title and therefore, agreement holder even assuming that agreement is valid does not acquire any title to property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Determination of fact - Report from Revenue Officer is always relevant, when demarcation of property is required...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10(3) -- Local Commissioner - Report when not satisfactory - Report of Local Commissioner not satisfactory as dimensions mentioned therein did not match with revenue record - Court should examine Commissioner in Court to get things clarified or may appoint a new Local Commissioner, as it thinks fit...........
Criminal Procedure Code, 1973, Section 145(1) -- Physical possession - Finding as to - Based on revenue record and police report - No finding given as to which of the party was in physical possession of the disputed property - Held, there is no legal infirmity in the impugned order passed by Additional Sessions Judge directing Magistrate to pass order afresh...........
Himachal Pradesh Land Revenue Act, 1953, Section 134 - - Partition - Delivery of possession - A person can apply for delivery of possession within three years from the date of preparation of instrument of partition - If possession is not delivered within three years by revenue Court qua partition land then aggrieved person can file a suit for possession on the basis of..........
Evidence Act, 1872, Section 90 -- Sale deed - Executed in the year 1965 - Objections as to fraud and misrepresentation - Plaintiff neither pleaded nor proved as to how consideration of sale deed was paid - No evidence as to who was the deed writer of sale deed or before whom the document executed - Sale deed executed between father of plaintiff or defendant no.1, but no..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 16 - - Appointment of lambardar - In ordinary course choice made by collector prevails unless found to be tainted with element of perversity - Collector can not adopt the rule of pick and choose - Discretion exercised by collector should be based on sound and valid reasons and on objective..........
Income Tax Act, 1961, Section 43B -- 1988 amendment - Any amount payable by the assessee, by whatever name called, would be deductible if actually paid in time - This includes tax, duty, cess, fee or called by any other name - Respondent not paying the Vend fee in time - Revenue disallowing the same - High Court missing the 1988 amendment enlarging the scope of section..........
Cancellation of Pattadar Pass Books -- Civil Court is not the proper forum to cancel the Pattadar Pass Books issued by revenue authorities...........
