Punjab Panchayat Samitis and Zila Parishads Act, 1961, Section 101(1) -- Relative scope of clauses (a) and (b) - Deputy Commissioner cannot authorise any other person to call and inspect documents - For inspection of immovable property Deputy Commissioner can authorise other persons. Clause (a) of subsection (1) of Section 101 of the Punjab Panchayat Samitis and Zila..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appellate Court - Document being a public document appellate court can permit it to be taken in evidence...........
Transfer of Property Act, 1882, Section 118 -- Not applicable to Punjab - Exchange relating to immovable property of more than Rs. 100/ - in Punjab - Not necessarily to be effected by registered document. The State Government for reasons best known to it has made applicable Sections 54, 107 and 123 and not Section 118 of the Transfer of Property Act to the State of Punjab...........
Civil Procedure Code, 1908, Section 115 -- `Case decided' - Meaning - Must affect rights and liabilities of parties - The word `Case' does not refer necessarily to the case as a whole but can include even a part of the case. Therefore, a decision on a part of the case is also revisable even though it does not dispose of the whole of the case. It is necessary, however, that..........
Registration Act, 1908, Section 73, 75 -- Thumb impression of transferor obtained on the document before reading it out to him - Transferor objecting at the earliest opportunity - Denial of outright sale - Registration of document secured by compulsio, Suspicious circumstances relating to transactio, Intention not to effect a sale but only to further mortgage the land...........
Punjab Pre-emption Act, 1913, Section 21 -- Words "sale has been completed" to be interpreted as under Section 61(2) Registration Act - Suit to enforce superior right of possession by pre - emption - Accrual of cause of action - Only on the basis of completed sale - Sale is completed only when registration of sale - deed is completed under Section 61 Registration Act -..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Court asking party on the very first occasion to produce witness on his own responsibility by taking Dasti summons - Not proper - Even if a case has become old - Litigant should not be made to suffer for no fault of his. Where the case set up by the defendant from the very beginning was that the alleged pronote..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Omission to rigidly follow requirements of Order 13 Rule 4 - Does not per se render the document inadmissible - Endorsement if in any way defective - Does not itself lead to the conclusion that the document has not been admitted in evidence. No doubt it is necessary that endorsements on documents admitted in evidence are made..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Inference from admission in document - Is a pure question of fact - Clear finding of lower appellate Court - Cannot be reversed in second appeal. An inference from the admissions incorporated in the documents to the effect that the persons concerned acknowledged the existing liability, is a question of fact and..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Registered document - Execution challenged - Revenue Officer to consider points raised by parties - Registered documents not to be given effect to as a matter of course. Ordinarily registered documents should be given effect to and the Revenue Officer should not go into the validity of such documents. The..........
