Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Civil suit for permanent injunction against Gram Panchayat transferred to Court of Assistant Collector - Assistant Collector required to decide the case as a Revenue Court by broadly following principles of Civil Procedure Code in accordance with provisions of Section 88 Punjab Tenancy Act - Failure to do..........
Punjab Co-operative Societies Act, 1961, Section 55, 56, 82(1)(c) -- Member of Co-operative Society if trespasses on property of Co-operative Society - Dispute not covered by Sections 55 and 56 - Remedy against member as a trespasser - Suit in Civil Court by Co-operative Society for recovery of possession - Civil Procedure Code, Section 9...........
Punjab Tenancy Act, 1887, Section 84 -- Revisional powers of Financial Commissioner - Same as exercised by High Court under Section 115 Code of Civil Procedure - Commissioner held on the basis of wrong interpretation of law - Covered by contingency subordinate Court acted in exercise of jurisdiction illegally or with material irregularity - Financial Commissioner can..........
Punjab Tenancy Act, 1887, Section 14, 77(3)(n) -- Suit for mesne profits in Civil Court - Defendant's plea of tenant on suit land inducted by plaintiff not accepted by Court - Possession of defendant held to be illegal and without any authority - Provisions of Section 14 not an all attracted because plaintiff could not be held to be landlord at any stage qua defendant -..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 47 -- Scope of - Bar of Civil Court jurisdiction - To settle, decide or deal with any matter required to be dealt with by Revenue Officers under the Act - Revenue Officer or Tribunal under the Act if does not perform its duties in accordance with provisions of Act or Rules - Civil Court's jurisdiction comes in - Civil..........
Constitution of India, 1950, Article 226 -- Stay of impugned order - Prayer made in writ petition - No mention in order of Admitting Bench - Subsequent statement that prayer for stay not pressed at the time of admission - Cannot be accepted - Stay deemed to have been refused - Civil Procedure Code (5 of 1908), Section 151...........
Punjab Gram Panchayat Act, 1953, Section 13(I), 13(G) -- Election petition, procedure - Prescribed Authority in view of Section 13-G to adhere to procedure prescribed under Code of Civil Procedure for trial of suits - Matter of reception of evidence taken on affidavits - Prescribed Authority in view of Section 13-1 has same powers which are vested in a Court under Code of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit by tenant for permanent injunction - Tenant recorded as such in revenue records - Presumption of continuity of tenancy i. e. tenant continues to be tenant till evicted in due course of law - Correction of Khasra Girdawari entries behind the back of tenant when no ejectment order passed against tenant and no plea that..........
Himachal Pradesh Land Revenue Act, 1954, Section 17, Punjab Land Revenue Act, 1887, Section 16 -- Scope of - Revisional powers of Financial Commissioner - Very wide and unfettered - Not restricted to Section 115 Civil Procedure Code like revisional powers of High Court...........
Punjab Security of Land Tenures Act, 1953, Section 25 -- Scope of - Order passed by Revenue Officer : (i) on purchase application under Section 18 made by tenant, or (ii) in favour of ejected tenant who is settled on surplus area - Civil suit challenging order as void - No Civil Court can pass any judgment about legality of order - Remedy of aggrieved party - To approach..........
