Stamp Act, 1899, Section 33, 35, 38, 39 -- Deficient stamp duty - Penalty - Parties entered into an agreement to sell without having knowledge of amendment carried out by State of Punjab - Amount of deficient stamp duty comes to Rs.6 lakhs approximately - No material on record that plaintiff intentionally tried to evade payment of stamp duty or tried to cause loss to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Land in question was sold by father of plaintiff through registered sale deed in favour of defendants and they are in continuous possession of same - Plaintiff was well aware of the fact that land in question is mutated in the name of defendants long back still he neither instituted any proceedings..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........
Partial partition -- Maintainability - If land in question is found to be property which can be dealt with by Revenue Court then, it would be bad for partial partition - However, if it is found that plaint scheduled property falls outside the scope of S.4 and S.158(2)(xvii) of Punjab Land Revenue Act then it is not open to urge plea of partial partition...........
Punjab Land Revenue Act, 1887, Section 13 -- Appointment of chowkidar - Appeal against order passed by revenue official - Even though, relevant chowkidar Rules does not provide for an appeal, an appeal can still be filed u/s 13 of the Act as Collector who has passed order is a revenue official...........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Land Revenue Act, 1887, Section 158 -- Rejection of plaint - Dismissal of application - Suit for declaration of title - Jurisdiction of civil Court - Title can only be decided by a Civil Court - Trial Court justified in concluding that jurisdiction of civil Court was not barred - Moreover, plea of limitation would be a..........
Rajasthan Colonisation Act, 1954, Section 13, 13A -- Sale transaction - S.13-A(2) of the Act would be applicable only in a case where an order of ejectment has been passed but a person against whom an order of ejectment has been passed had not actually been ejected from land transferred - In the instant case, when Board of Revenue granted benefit of compounding u/s 13-A(2)..........
Uttar Pradesh Water Supply and Sewerage Act, 1975, Section 52 -- Imposition of levy u/s.52 of the Act - Constitutional validity - Levy imposed u/s.52 of the Act is tax on lands and buildings situated within the territorial area of jal sansthan for the purpose of imposing tax - Also, proceeds of tax are intended to constitute revenue available to the Jal Sansthan to carry..........
