Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Suit filed in Civil Court withdrawn on the plea that Civil Court has no jurisdiction to determine the matter and the same could be determined only under the Act - Same plaint should be presented before Prescribed Authority under Section 13-A of the Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Procedure for eviction of person in unauthorised possession of Shamilat land - Summary in nature - Section 7 pre-supposes that land about which application made is Shamilat answering description given in the Act - Assistant Collector being a Tribunal of very limited jurisdiction cannot enter into inquiry..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Point of limitation not dealt with in order passed under Section 42 - Initial presumption, that point of limitation not raised, rebuttable and not conclusive - Affidavit of counsel who appeared before Additional Director that objection raised regarding petition under Section 42..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Petition time-barred inasmuch as repartition in consolidation proceedings took place in 1960 while petition under Section 42 filed in 1975 - Additional Director did not consider point of limitation - Order cannot be treated as intra vires - Additional Director can assume..........
Northern India Canal and Drainage Act, 1873, Section 30B(3) -- Person aggrieved - Scope of - Not correct that as no application by a person for change of water-course or framing of Scheme, so he is not aggrieved person under Section 30-B(3) - Sanction of existing water-course ACDEF to remain on the spot as it is and rejection of proposed water-course AXYZOF - Order if..........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, 10 -- Collector simply refused to proceed with application without pronouncing on any right of mortgagor - Suit under Section 12 - Not necessary - Redemption suit under general law - Not barred by Section 12 - Order under Section 10 if casts no cloud on mortgagor's right - No obligation to challenge it by suit under..........
Redemption of Mortgages (Punjab) Act, 1913, Section 10 -- Order - Order covered by Section 10 if Collector on enquiry regarding any objection on any ground other than amount of deposit raised by mortgagee, decides : (i) that redemption barred, or (ii) that there was sufficient cause for not proceeding further with redemption application...........
Land Acquisition Act, 1894, Section 9(3) -- Bona fide omission to serve a notice envisaged by Section 9(3) on any one of the numerous persons interested in claiming compensation - Does not vitiate award of Collector rendered under Section 12 and proceedings subsequent thereto - Bona fide infraction of Section 9(3) in no way fatal - Special notice under Section 9(3) a..........
Land Acquisition Act, 1894, Section 18 -- Filing of a written application within specific and prescribed period of time - Mandatory - To claim remedy under Section 18 - Statutory procedural requirements should be strictly fulfilled - In their absence no right flows therefrom - Court's direction to file a fresh application under Section 18 (irrespective of fact whether..........
Civil Procedure Code, 1908, Section 35B -- Party defaulting in payment of costs on the date fixed for payment i. e. date next following the date of order of payment of costs - Issue not raised on that date by either of the parties or taken notice of by Court - Party defaulting not barred on subsequent date or dates from prosecuting suit or defence as the case may be -..........
