Punjab State Aid to Industries Act, 1935, Section 35 -- Mode of recovery - Industrial loan advanced - Demand notice for recovery of outstanding amount - Challenged on the ground that no recovery certificate produced in terms of Sec. 35 - Sec. 35 does not provide any specific mode which is required to be initiated for issuing of recovery certificate - Demand notice issued..........
Evidence Act, 1872, Section 91, 92 -- Agreement to sell - Terms and condition of transaction reduced in writing - Purchase price fixed at Rs.7, 75, 000/- - Oral evidence led by vendor to contend that actual purchase price fixed at Rs. 9, 00, 000/- -Case set up in evidence completely in variance with the case in the complaint - Any of the provisio to sec. 92 of Act not..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Suit for declaration - Judgment and decree challenged on ground of fraud - Suit land agricultural - Advalorem Court fee not to be affixed - Court fee is payable in terms of sec. 7(iv)(c) - Has to be computed in terms of 7(v) of the Act (as amended by Haryana). Beena's case 2006(1) PLJ 96 relied...........
Will -- Claim on the basis of Will - Title claimed on the basis of Will must be proved as per the provisions of Sec. 63 of the Succession Act - Will not proved - General law of succession and inheritance to apply. Indian Succession Act, 1925, Sec. 63, Indian Evidence Act, 1872, Sec. 68...........
Partition Act, 1893, Section 2, 6, 7 -- Sale by way of auction in execution of a decree for partition - Violation of provisions of sec. 6 - Effect - Suit for partition - Preliminary decree passed - Local Commissioner submitted report that property not capable of partition by metes and bounds, requires auction - Property auctioned - Auction challenged - Sale conducted u/s 2..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v),, Article 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration challenging sale deed with consequential relief of possession - Application under O.7 R.11 CPC - Trial Court directed to pay ad-valorem court fee on sale consideration - Plaintiffs not party to sale - Sale deeds challenged on the ground that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti suit injunction - Suit for mandatory injunction/permanent injunction/prohibitory injunction restraining defendant from continuing with complaint for divorce pending in Foreign Court - Trial Court issued notice on ad interim injunction application - Order challenged - Principles governing grant of anti suit injunction..........
Land Acquisition Act, 1894, Section 6 -- Limitation for making declaration - Proviso to sec. 6(1) - Mandatory in nature - Any declaration made after the expiry of one year from date of publication of notification u/s 4(1) would be void and of no effect - Provisions of Sec. 6 beneficial for landowners - Should be construed having regard to purport and intent thereof...........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Burden of proof - High Court in regular second appeal formulated substantial question of law that burden of proof lies on the plaintiff to prove his title. Held - Substantial question erroneously framed by High Court. Burden of proving perfection of title by way of adverse possession lies on defendant. Judgment..........
Constitution of India, 1950, Article 226, Punjab Land Revenue Act, 1887, Section 45 -- Change in entry in revenue records - Writ jurisdiction - Alternative remedy - Writ petition challenging order of Collector - Revision u/s 13 & 16 of the Act not filed - Sec. 45 provides alternative remedy of filing Civil Suit if any person considers himself aggrieved by an entry in..........
