Civil Procedure Code, 1908, Section 35B -- Mandates further prosecution of suit or defence a condition precedent on payment of costs - Defaulting party not allowed to take any further step or produce evidence - Does not mean that whatever is already on record before that date also wiped off as no, est or no, existent - Resultant effect of default on date next following..........
Punjab Resumption of Jagirs Act, 1957, Section 4, 2(1), 2(3), 10 -- Jagir whether Military Jagir or not - Government by order held Jagir in question sot to be a Military Jagir - No opportunity of being heard afforded - Government cannot take advantage of Section 4 - Plea that decision of Government cannot be questioned in any Court of law or before any other Authority -..........
Land Acquisition Act, 1894, Section 17, 4, 6 -- Building taken on lease by Government - Later on notifications under Sections 4 and 6 invoking provisions of Section 17 for acquisition of land - Compensation awarded only in regard to land - State Government being already in possession of building there was no urgency whatsoever - Flagrant abuse of provisions of Section 17 -..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Single default - Renders tenant liable to ejectment - Under Section 9(1)(ii) liability of tenant to pay rent regularly - Every infraction visits defaulting tenant with consequences of ejectment unless tenant able to show sufficient cause for default...........
Punjab Tenancy Act, 1887, Section 53, 57 -- Sale of occupancy rights-Prior notice of intention to transfer not served on landlord through Revenue Officer - Non-compliance with provisions of Section 53 -Transferee cannot claim under Section 57 to have same rights and subject to same liabilities as tenant before transfer...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit in Civil Court for declaration that plaintiff has right of passage through part of the street and mandatory injunction directing defendant to remove obstruction - Defendant not allowing plaintiff to use passage by blocking the same, claiming ownership in land - No plea that passage vests in Gram..........
Punjab Minor Mineral Concession Rules, 1964 -- Rules 20 and 21 - State Government can demand royalty only in respect of minor minerals which actually vest in the State - Brick earth in Wajib-ul-arz not provided as belonging to Government - Does not vest in Government in view of Section 42(2) Punjab Land Revenue Act - Government not competent to demand royalty in respect of..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Concessional statement made before Additional Director - Clearly means that petitioner conceded that delay in filing petition under Section 42 may be condoned - Order of Additional Director cannot be challenged on the ground that petition under Section 42 time-barred and no valid..........
Punjab Municipal Act, 1911, Section 81 -- Time-barred dues, recovery of - Municipal Committee cannot resort to procedure prescribed under Section 81 - Section 81 only provides a special procedure for recovery of claimable money - Does not constitute a source or foundation of a right to claim money otherwise time-barred - Section 81 provides a summary procedure for recovery..........
Punjab Municipal Act, 1911, Section 86, 61(1)(a) -- Challenge to imposition of house-tax on the ground that property stood outside municipal limits - Within jurisdiction of Civil Courts - Duty of Civil Court to enquire into the matter whether plea raised about jurisdiction f Authorities purporting to act under a statute, well founded or not - 'lea regarding location of..........
