Pronote -- Insufficiently stamped - Acknowledgement on back - By reason of its admission, inadmissible pronote does not become admissible...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed of transfer of immovable property of more than one hundred rupees - sale deed is admissible for collateral purposes but it does not pass any title...........
Land Acquisition Act, 1894, Section 23 -- Determination of market price of land - Mutation neither primary nor secondary evidence of terms or conditions of contract of sale-Not admissible apart from factum of sale, to prove any of the terms and conditions of contract including sale consideration - Bharat Singh's case, 1979 P. L. J. 82 Over-Ruled - Mutation no evidence of..........
Punjab Land Revenue Act, 1887, Section 34 -- Entries made in mutation register by Patwari in discharge of his public duties or order passed thereon by Revenue Officer - Relevant piece of evidence - Copy of mutation - Admissible so far as factum of transaction is concerned, but not admissible to prove terms and conditions of transaction - Evidence Act, Sections 35, 91 and..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 44 -- Mutation proceedings - Admissible in evidence - Mutation proceedings should be taken into consideration even when Revenue Official who sanctioned them not produced as a witness...........
Himachal Pradesh Ceiling on Land Holdings Act,1972, Section 104(8) -- Heirs and successors-i, interest of landowner who enjoyed protection of Section 104(8) - Entitled to protection allowed by Section 104(8) if they fall in exceptions - Not correct that protection envisaged under Section 104(8) admissible to landowner during his life-time and he could not bequeath the land..........
Punjab Tenancy Act, 1887, Section 16 -- Appraisement of crops - Yield of crop to be seen for a particular harvest - Average yields as recorded at the time of Settlement have no meaning - Goshwara (produce statement) prepared according to Settlement report - Not correct basis for assessing rent due - For assessing produce rent : (i) harvest in question, and (ii) produce..........
Constitution of India, 1950, Article 226 -- Writ of certiorari - Finding of fact reached by Tribunal on appreciation of evidence (except when such finding : (i) based on inadmissible evidence, or (ii) not supported by any evidence, or (iii) Tribunal refused to admit admissible evidence) - High Court cannot interfere...........
Punjab Land Revenue Act, 1887, Section 44 -- Mutation - Presumption of truth attaches - Entries in mutation proceedings - Admissible per se - Mutation proceedings do not contain signatures or thumb impression of party concerned - Does not amount to acknowledgment withing meaning of Section 18 Limitation Act...........
Specific Relief Act, 1963, Section 9 -- Specific perfor mance of contract of sale of land - Agreement vague and indefinite - Void - Cannot be enforced under Specific Relief Act - Contract of sale must be definite and precise in a suit for specific performance - No oral evidence admissible to add to terms of contract or agreement - Agreement to sell land contained neither..........
