Civil Procedure Code, 1908, Section 54 -- (As in Karnataka) - Suit for partition - No final order effecting partition under unamended provision of S.54 passed prior to commencement of Amending Act - Case would be covered by amended Act - Partition will be made by Civil Judge and not by Deputy Commissioner as per amended provision of S.54 of the Code...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Unauthorized use and occupation of land - Damages - Commissioner held that petitioner is liable to pay damages to Gram Panchayat for unauthorized use and occupation of land from the date, petitioner has been declared unauthorized occupant of the land by competent Court - Held, court had rightly directed..........
Punjab Land Revenue Rules -- Experience - Respondent No.4 is performing duties of collecting land revenue since 1989 after death of his father - Financial Commissioner passed order more than 11 years ago and respondent is performing duties of Lambardar since then - Nothing adverse against respondent No.4 has been pointed - Experience itself is a qualification specifically..........
Punjab Land Revenue Rules -- Appointment of Lambardar - Order of Collector - Interference with - Held, choice of Collector cannot be set aside lightly - It can only be set aside when his order is perverse, illegal and suffers from material irregularities and is violative of rules and procedures - Commissioner while setting aside order of Collector had not recorded reasons..........
Consumer Protection Act, 1986, Section 2(1)(c), 2(1)(g),21(a) -- Complaint maintainability - Locus standi - Banking service - FDR - Kotak Life Insurance - Dispute with regard to amount deposited by complainant which belongs to Panchayat - As per own showing of the complainant, he had assigned the FDR in question in favour of the Gram Panchayat, who after its dissolution by..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioners report - Objections filed - Failure or omission to consider objections - Objector can raise the ground that report of commission be not acted upon having ignored to consider his objection and decided whether it ought to be remitted or set aside, irrespective of the fact that he did not cross examine..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Surveyor's plan - Cannot independently be admitted as "evidence" in the absence of any reference in the commission report about its correctness or truth of the details shown therein...........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 23 -- Appeal - Condonation of delay - S.23 of the Act itself provides for extension of limitation - Provision must be given a full application to allow Chief Settlement Commissioner to entertain appeal if sufficient cause is shown - In the instant case appeal filed beyond period of 30 days and no..........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955 -- Auction Sale - Setting aside - Suo moto exercise of power - In case there is an irregularity or fraud then Settlement Commissioner has suo moto power to set aside sale...........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955 -- Auction Sale - Setting aside - Allegation of fraud - Proof of - Held, it will be dangerous to infer fraud by the fact that in sale proclamation some rewriting was found - What sale officer had himself not seen or what Settlement Commissioner could not notice an appellate authority cannot take that to be..........
