https://vuhelp.net/ Sat, 07 Nov 2026 17:23:17 +0000 MyBB https://vuhelp.net/Thread-What-do-you-understand-by-domicile-how-a-new-domicile-be-acquired-2002 Sat, 01 Sep 2012 05:38:11 -0400 vustudents]]> https://vuhelp.net/Thread-What-do-you-understand-by-domicile-how-a-new-domicile-be-acquired-2002 Q. What is procedure of acquisition of new domicile. (2007)
1. Introduction:
Under the succession act the word domicile has not been defined. a man can acquire a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
2. Relevant provisions:
Sec. 10, 11, 13, i4, 15, 18 succession act.
3. Definition of domicile:
Dr. Phillimore:
"Residence at a particular place, accompanied with positive or presumptive proof of an intention to remain there for a unlimited time.
Story:
That place is property the domicile of a person in which his habitation is fixed without any present intention of removing there from.
4. Acquisition of domicile:
Domicile can be acquired by following three ways.
(a) Of origin of birth.
(b) By operation of law.
© Of choice.
5. Importance of domicile:
The civil status of a person, or his legal rights and duties, including capacity, are determined by the law of domicile.
6. Acquisition of a new domicile:
A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
Explanation:
A man is not to be deemed to have taken up his fixed habitation in Pakistan merely by reason of his residing there in civil, military, naval or Air force service of Pakistan or exercise of any profession or calling.
7. Special mode of acquiring domicile in Pakistan:
Any person may acquire a domicile in Pakistan by making and depositing in some office in Pakistan, appointed in his behalf by the provincial government, a declaration in writing under his hand of his desire to acquire such domicile. Provided that he has been resident in Pakistan for one year, immediately preceding the time of his making such declaration.
8. Continuance of new domicile:
A new domicile continues until the former domicile has been resumed or another has been acquired.
9. Domicile of minor:
Domicile of a minor does not change with that of his parent, if the minor is married, or holder any office or employment in the service of the state or has set up with the consent of the parent, in any distinct business.
10. Domicile acquired by woman on marriage:
By marriage a woman acquires the domicile of her husband. if she has not the domicile before.
Case law
CLC 2005 LHR 669
Facts:
One of the terms of appointment according to terms of advertisement was that ten additional marks were to be given to were to be given a candidate if she opted to be employed in a school at the place of her residence petitoner opted to be employed at a school at place C. petitioner initially was given ten marks, but later on same were deducted and she was not appointed. petitioners though initially was resident of place S but after her marriage at Place C where her husband was residing, she become resident of place C and NIC was also shown her permanent residence act C. the authorities had ignored the statutory provisions.
Held:
It was held petitoner be considered for appointment on basis of that she was entitled to ten additional marks within specified period.
11. Lunatic's acquisition of new domicile:
An insane person cannot acquire a new domicile is any other way than by his following the domicile of other person.
12. Conclusion:
To conclude I can say that place is property the domicile of a person in which he has voluntarily fixed his abode, not for a more special or testamentary purpose, but with a present intention of making it has permanent home. a person can apply in written in the office in Pakistan for domicile.

  Domicile.rtf (Size: 4.2 KB / Downloads: 453) ]]> Q. What is procedure of acquisition of new domicile. (2007)
1. Introduction:
Under the succession act the word domicile has not been defined. a man can acquire a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
2. Relevant provisions:
Sec. 10, 11, 13, i4, 15, 18 succession act.
3. Definition of domicile:
Dr. Phillimore:
"Residence at a particular place, accompanied with positive or presumptive proof of an intention to remain there for a unlimited time.
Story:
That place is property the domicile of a person in which his habitation is fixed without any present intention of removing there from.
4. Acquisition of domicile:
Domicile can be acquired by following three ways.
(a) Of origin of birth.
(b) By operation of law.
© Of choice.
5. Importance of domicile:
The civil status of a person, or his legal rights and duties, including capacity, are determined by the law of domicile.
6. Acquisition of a new domicile:
A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
Explanation:
A man is not to be deemed to have taken up his fixed habitation in Pakistan merely by reason of his residing there in civil, military, naval or Air force service of Pakistan or exercise of any profession or calling.
7. Special mode of acquiring domicile in Pakistan:
Any person may acquire a domicile in Pakistan by making and depositing in some office in Pakistan, appointed in his behalf by the provincial government, a declaration in writing under his hand of his desire to acquire such domicile. Provided that he has been resident in Pakistan for one year, immediately preceding the time of his making such declaration.
8. Continuance of new domicile:
A new domicile continues until the former domicile has been resumed or another has been acquired.
9. Domicile of minor:
Domicile of a minor does not change with that of his parent, if the minor is married, or holder any office or employment in the service of the state or has set up with the consent of the parent, in any distinct business.
10. Domicile acquired by woman on marriage:
By marriage a woman acquires the domicile of her husband. if she has not the domicile before.
Case law
CLC 2005 LHR 669
Facts:
One of the terms of appointment according to terms of advertisement was that ten additional marks were to be given to were to be given a candidate if she opted to be employed in a school at the place of her residence petitoner opted to be employed at a school at place C. petitioner initially was given ten marks, but later on same were deducted and she was not appointed. petitioners though initially was resident of place S but after her marriage at Place C where her husband was residing, she become resident of place C and NIC was also shown her permanent residence act C. the authorities had ignored the statutory provisions.
Held:
It was held petitoner be considered for appointment on basis of that she was entitled to ten additional marks within specified period.
11. Lunatic's acquisition of new domicile:
An insane person cannot acquire a new domicile is any other way than by his following the domicile of other person.
12. Conclusion:
To conclude I can say that place is property the domicile of a person in which he has voluntarily fixed his abode, not for a more special or testamentary purpose, but with a present intention of making it has permanent home. a person can apply in written in the office in Pakistan for domicile.

  Domicile.rtf (Size: 4.2 KB / Downloads: 453) ]]> https://vuhelp.net/Thread-What-is-the-will-who-can-make-it-and-explain-in-whose-faovour-a-will-can-be Fri, 31 Aug 2012 11:20:53 -0400 vustudents]]> https://vuhelp.net/Thread-What-is-the-will-who-can-make-it-and-explain-in-whose-faovour-a-will-can-be 1. Introduction:
Will is a legal declaration of the intention of a testator with respect to his property which desires to be carried into effect after his death.
2. Relevant provisions:
Sec. 2h, 59, 62 succession act.
3. Meaning of will:
A will means disposition of property which takes effect after the death of testator.
4. Definition of will:
According to sec. 2(h):
"Will means the legal declaration of the intention of a teststor with respect to his property which he desires to be carried into effect his death."
5. Parties of will:
Testator:
The person making will is called testator.
Legatee:
In whose favour the will is made is called legatee.
Legacy:
The proper bequested.
Executor:
The person appointed to carry the will into execution is called executor.
6. Persons capable making will:
Following person are capable of making will:
(i) A married woman.
(ii) Deaf, dumb and blind.
(iii) Ordinary insance person.
7. Form of will:
A person may make will either orally or in writing and no formalities are required.
8. Essentials of will:
Following are essentials of will.
(i) There must be declaration.
(ii) The property must be capable of being transferred.
(iii) The property must be in existence at the time of the death of testator.
(iv) Testator must be the owner of the property.
9. Kinds of will:
Following are kinds of will:
(i) Joint will.
(ii) Mutual will.
(iii) Sham will.
(iv) Nuncupative will
(v) Duplicate will.
10. Types of will:
Following are two types of will:
(i) Conditional.
(ii) Unconditional.
11. Revocation of will:
A will can be revoked.
Modes of revocation
(i) Express:
(ii) Implied:
12. Limitation:
A person cannot by will dispose of more than one third of his property.
13. Conclusion:
To conclude i can say that will is endowment with the property of the any thing after death of one person. the subject of legacy should be exit at the time of death of the testator.

  Will.rtf (Size: 2.72 KB / Downloads: 305) ]]> 1. Introduction:
Will is a legal declaration of the intention of a testator with respect to his property which desires to be carried into effect after his death.
2. Relevant provisions:
Sec. 2h, 59, 62 succession act.
3. Meaning of will:
A will means disposition of property which takes effect after the death of testator.
4. Definition of will:
According to sec. 2(h):
"Will means the legal declaration of the intention of a teststor with respect to his property which he desires to be carried into effect his death."
5. Parties of will:
Testator:
The person making will is called testator.
Legatee:
In whose favour the will is made is called legatee.
Legacy:
The proper bequested.
Executor:
The person appointed to carry the will into execution is called executor.
6. Persons capable making will:
Following person are capable of making will:
(i) A married woman.
(ii) Deaf, dumb and blind.
(iii) Ordinary insance person.
7. Form of will:
A person may make will either orally or in writing and no formalities are required.
8. Essentials of will:
Following are essentials of will.
(i) There must be declaration.
(ii) The property must be capable of being transferred.
(iii) The property must be in existence at the time of the death of testator.
(iv) Testator must be the owner of the property.
9. Kinds of will:
Following are kinds of will:
(i) Joint will.
(ii) Mutual will.
(iii) Sham will.
(iv) Nuncupative will
(v) Duplicate will.
10. Types of will:
Following are two types of will:
(i) Conditional.
(ii) Unconditional.
11. Revocation of will:
A will can be revoked.
Modes of revocation
(i) Express:
(ii) Implied:
12. Limitation:
A person cannot by will dispose of more than one third of his property.
13. Conclusion:
To conclude i can say that will is endowment with the property of the any thing after death of one person. the subject of legacy should be exit at the time of death of the testator.

  Will.rtf (Size: 2.72 KB / Downloads: 305) ]]> https://vuhelp.net/Thread-How-a-succession-certificate-can-be-revoked-2000 Fri, 31 Aug 2012 07:52:10 -0400 vustudents]]> https://vuhelp.net/Thread-How-a-succession-certificate-can-be-revoked-2000 Q. Explain "succession certificate" when be revoked? is there any right of appeal against such revocation. (2002)(2004)
Q. What are restrictions for grant of succession certificate. discuss how it can be revoked. (2006/S)
1. Introduction:
When a person dies, the property which he had left is transferred, to others either according to his will or according to law of succession. the succession certificate is a formal document which attests the qualification of a person as entitled to collect some debt or securities by entitled person.
2. Relevant provisions:
Sec 370-390 succession act.
3. Definition of succession certificate:
Succession certificate is a document certifying the entitlement of a particular person or persons to succession of a deceased person.
4. Object of succession certificate:
The object of succession certificate is the collection of debts of the deceased.
5. Jurisdiction of the court to grant succession certificate:
The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the time he had no fixed place of residence, the district judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
Case Law
2000 CLC 585
It was held only a summary procedure is provided for issuance of succession certificate u/s 373 if any person wants to detailed determination of rights, remedy lies in shape of suit filed under S. 37 succession act 1925. if a person is dissatisfied of aggrieved by issuance of succession certificate appeal u/s 384 lies.
6. Application for succession certificate:
Application shall be made to the district judge for the certificate.
7. Revocation of success certificate:
Meaning:
Revocation means cancellation.
Who can revoke:
Only the competent court of jurisdiction can revoke succession certificate.
8. Ground of revocation of succession certificate:
Ground of revocation of succession certificate are as under.
(i) Defective proceeding:
The succession certificate can be revoked on the ground of that proceeding was defective in the substance.
(ii) Element of fraud:
That succession certificate was obtained fraudulently by the making of a false succession.
(iii) Concealment of fact:
That succession certificate was obtained by concealment from the court of something material to the case.
(iv) Untrue allegation:
That the certificate was obtained by means of an untrue allegation of the fact essential in point of law to justify the grant thereof though such allegation was made in ignorance or inadvertently.
(v) Inoperative certificate:
That the certificate has become useless and inoperative through circumstances.
(vi) Other proceedings:
That a decree or order made by a competent court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
9. Who can apply for revocation of certificate:
The application for the revocation may be made by person having an interest in the succession certification.
10. Limitation period for revocation:
The revocation can be made at any time by the competent court of the jurisdiction.
11. Appeal:
An appeal shall lie against the order of the district judge to the high court.
12. Conclusion:
To conclude I can say that on different grounds under the succession act, succession certificate can apply for the revocation. the application for revocation should be made to the court which granted the certificate.

  Revocation Of Succession Certificate.rtf (Size: 4.33 KB / Downloads: 412) ]]> Q. Explain "succession certificate" when be revoked? is there any right of appeal against such revocation. (2002)(2004)
Q. What are restrictions for grant of succession certificate. discuss how it can be revoked. (2006/S)
1. Introduction:
When a person dies, the property which he had left is transferred, to others either according to his will or according to law of succession. the succession certificate is a formal document which attests the qualification of a person as entitled to collect some debt or securities by entitled person.
2. Relevant provisions:
Sec 370-390 succession act.
3. Definition of succession certificate:
Succession certificate is a document certifying the entitlement of a particular person or persons to succession of a deceased person.
4. Object of succession certificate:
The object of succession certificate is the collection of debts of the deceased.
5. Jurisdiction of the court to grant succession certificate:
The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the time he had no fixed place of residence, the district judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
Case Law
2000 CLC 585
It was held only a summary procedure is provided for issuance of succession certificate u/s 373 if any person wants to detailed determination of rights, remedy lies in shape of suit filed under S. 37 succession act 1925. if a person is dissatisfied of aggrieved by issuance of succession certificate appeal u/s 384 lies.
6. Application for succession certificate:
Application shall be made to the district judge for the certificate.
7. Revocation of success certificate:
Meaning:
Revocation means cancellation.
Who can revoke:
Only the competent court of jurisdiction can revoke succession certificate.
8. Ground of revocation of succession certificate:
Ground of revocation of succession certificate are as under.
(i) Defective proceeding:
The succession certificate can be revoked on the ground of that proceeding was defective in the substance.
(ii) Element of fraud:
That succession certificate was obtained fraudulently by the making of a false succession.
(iii) Concealment of fact:
That succession certificate was obtained by concealment from the court of something material to the case.
(iv) Untrue allegation:
That the certificate was obtained by means of an untrue allegation of the fact essential in point of law to justify the grant thereof though such allegation was made in ignorance or inadvertently.
(v) Inoperative certificate:
That the certificate has become useless and inoperative through circumstances.
(vi) Other proceedings:
That a decree or order made by a competent court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
9. Who can apply for revocation of certificate:
The application for the revocation may be made by person having an interest in the succession certification.
10. Limitation period for revocation:
The revocation can be made at any time by the competent court of the jurisdiction.
11. Appeal:
An appeal shall lie against the order of the district judge to the high court.
12. Conclusion:
To conclude I can say that on different grounds under the succession act, succession certificate can apply for the revocation. the application for revocation should be made to the court which granted the certificate.

  Revocation Of Succession Certificate.rtf (Size: 4.33 KB / Downloads: 412) ]]> https://vuhelp.net/Thread-Write-a-detail-the-procedure-for-obtaining-a-succession-certificate-2000-2001 Fri, 31 Aug 2012 07:04:43 -0400 vustudents]]> https://vuhelp.net/Thread-Write-a-detail-the-procedure-for-obtaining-a-succession-certificate-2000-2001 Q. What do you mean by succession certificate discuss the procedure to grant a succession certificate by a court. (2000)(2001)
Q. What is succession certificate? which court is competent to grant it and what is the procedure to get it. (19990(2000)
Q. What is succession certificate how it is acquired? explain (2007)
1. Introduction:
When a person dies, the property which he had left is transferred, to others either according to his will or according to law of succession. the succession certificate is a formal document which attests the qualification of a person as entitled to collect some debt or securities by entitled person.
2. Relevant provisions:
Sec 370-390 succession act.
3. Definition of succession certificate:
Succession certificate is a document certifying the entitlement of a particular person or persons to succession of a deceased person.
4. Object of succession certificate:
The object of succession certificate is the collection of debts of the deceased.
Case law
1995 CLC 221.
The object of succession certificate is the collection of debts by person who has his prime facie title to succession right of succession certificate to be decided in summary manner.
5. Jurisdiction of the court to grant succession certificate:
The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the time he had no fixed place of residence, the district judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
6. Application for succession certificate:
Application shall be made to the district judge for the certificate.
7. Pre-requisites of application:
(i) Petition in written from.
(ii) Signed and verified by the application or on his behalf in the manner prescribed by the civil procedure code.
(iii) Time of death of deceased.
(iv) Ordinary residence of deceased.
(v) The property of the deceased with in whose limit.
(vi) Name of family members on near relatives of deceased.
(vii) The right in which the petitioner claims.
(viii) The securities and debt in respect of which the certificate is applied for.
8. In case more than one claimant:
In case where more than one person applies for certificate a joint certificate may be granted.
9. Who can apply for succession certificate:
Following persons can apply for the succession certificate.
(i) Any sound mind person.
(ii) Person who has attained the age of majority.
(iii) Any person who has interest in the estate of deceased.
(iv) Secretary of state.
(v) Any person who has beneficial interest in debt or security of the deceased person.
10. Procedure on application:
Procedure on application shall be as under.
(i) Issuance of notice:
Judge shall cause notice on receiving application for the succession certificate.
(ii) Person on whom the notice to be served:
He shall cause the notice on any person, on whom, in opinion of judge such notice should be given.
(iii) Affixation of notice:
The judge shall also order of the affixation of the notice as well as publication of such notice in the newspaper.
(iv) Decision on fixed day:
The judge shall make decision on the fixed day.
(v) Issuance of certificate:
The court on satisfaction that applicant is entitled for the succession certificate, will issue the same.
11. Contents of the succession certificate:
When succession certificate has been granted the court must specify there in the debts and securities grant of such certificate. the court may empower the person to whom the certificate is granted.
(i) To receive interest or dividend on or.
(ii) To negotiate or transfer or.
(iii) Both to receive interest or dividends on and to negotiate or transfer the securities or any of them.
12. Nature of proceeding before the court:
Under the succession act only summary proceeding are provided for granting the succession certificate.
13. Application of the certificate:
A succession shall have effect throughout Pakistan.
14. Effect of certificate:
Succession certificate shall be conclusive as against the person owing such debts and securities.
15. Conclusion:
To conclude I can say that the instrument through which the disposition of moveable property of the deceased is called succession certificate. it is granted by the competent court of the jurisdiction. its object is to facilitate the collection of debts and securities.

  Succession Certificate.rtf (Size: 5.22 KB / Downloads: 849) ]]> Q. What do you mean by succession certificate discuss the procedure to grant a succession certificate by a court. (2000)(2001)
Q. What is succession certificate? which court is competent to grant it and what is the procedure to get it. (19990(2000)
Q. What is succession certificate how it is acquired? explain (2007)
1. Introduction:
When a person dies, the property which he had left is transferred, to others either according to his will or according to law of succession. the succession certificate is a formal document which attests the qualification of a person as entitled to collect some debt or securities by entitled person.
2. Relevant provisions:
Sec 370-390 succession act.
3. Definition of succession certificate:
Succession certificate is a document certifying the entitlement of a particular person or persons to succession of a deceased person.
4. Object of succession certificate:
The object of succession certificate is the collection of debts of the deceased.
Case law
1995 CLC 221.
The object of succession certificate is the collection of debts by person who has his prime facie title to succession right of succession certificate to be decided in summary manner.
5. Jurisdiction of the court to grant succession certificate:
The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the time he had no fixed place of residence, the district judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
6. Application for succession certificate:
Application shall be made to the district judge for the certificate.
7. Pre-requisites of application:
(i) Petition in written from.
(ii) Signed and verified by the application or on his behalf in the manner prescribed by the civil procedure code.
(iii) Time of death of deceased.
(iv) Ordinary residence of deceased.
(v) The property of the deceased with in whose limit.
(vi) Name of family members on near relatives of deceased.
(vii) The right in which the petitioner claims.
(viii) The securities and debt in respect of which the certificate is applied for.
8. In case more than one claimant:
In case where more than one person applies for certificate a joint certificate may be granted.
9. Who can apply for succession certificate:
Following persons can apply for the succession certificate.
(i) Any sound mind person.
(ii) Person who has attained the age of majority.
(iii) Any person who has interest in the estate of deceased.
(iv) Secretary of state.
(v) Any person who has beneficial interest in debt or security of the deceased person.
10. Procedure on application:
Procedure on application shall be as under.
(i) Issuance of notice:
Judge shall cause notice on receiving application for the succession certificate.
(ii) Person on whom the notice to be served:
He shall cause the notice on any person, on whom, in opinion of judge such notice should be given.
(iii) Affixation of notice:
The judge shall also order of the affixation of the notice as well as publication of such notice in the newspaper.
(iv) Decision on fixed day:
The judge shall make decision on the fixed day.
(v) Issuance of certificate:
The court on satisfaction that applicant is entitled for the succession certificate, will issue the same.
11. Contents of the succession certificate:
When succession certificate has been granted the court must specify there in the debts and securities grant of such certificate. the court may empower the person to whom the certificate is granted.
(i) To receive interest or dividend on or.
(ii) To negotiate or transfer or.
(iii) Both to receive interest or dividends on and to negotiate or transfer the securities or any of them.
12. Nature of proceeding before the court:
Under the succession act only summary proceeding are provided for granting the succession certificate.
13. Application of the certificate:
A succession shall have effect throughout Pakistan.
14. Effect of certificate:
Succession certificate shall be conclusive as against the person owing such debts and securities.
15. Conclusion:
To conclude I can say that the instrument through which the disposition of moveable property of the deceased is called succession certificate. it is granted by the competent court of the jurisdiction. its object is to facilitate the collection of debts and securities.

  Succession Certificate.rtf (Size: 5.22 KB / Downloads: 849) ]]> https://vuhelp.net/Thread-Can-a-sub-registrar-without-assigning-any-reason-refuse-register-a-document Fri, 31 Aug 2012 05:12:27 -0400 vustudents]]> https://vuhelp.net/Thread-Can-a-sub-registrar-without-assigning-any-reason-refuse-register-a-document what is the remedy against his order. (2001)
1. Introduction:
Sub-registrar can refuse to register a document in account of various grounds. under the registration act he can also refuse to register a document without assigning any reason. a person whose registration has been refused can avail himself different remedies available under the registration act.
2. Relevant provisions:
Sec. 71 registration act.
3. Reasons for refusal to register to be recorded:
Every sub-registrar refusing to register a document except on the ground that the property to which it relates is not situated within his sub-district, shall make an order of refusal and record his reason for such order in his book and endorse the word "Registration Refused" on the document and on application may by any person executing or claiming under the document shall without payment and necessary delay give him a copy of the reasons so recorded. No registering officer shall accept for registration a document so endorsed unless and until, under the provisions here in after contained the document is directed to be registered.
Case law
1995 CLC 187
Fixation of valuation of the property was exclusively a matter between vendor and vendee can sell his property at a price less than market value similarly vendee can purchase and property at a higher rate than market price. sun-registrar would be bound to register an instrument containing agreed, price therein provided the same had been property stamped.
4. Remedy against the order of sub-registrar:
If sub-registrar refused to register a document on the ground that the property is not situated within his area, there is no remedy against the order of the sub-registrar.
5. Appointment of registrars and sub-registrar:
The provincial government may appoint such persons, whether public officers or not as it thinks property, to be registrars of the several districts and to be sub-registrars of the several sub-district formed as aforesaid respectively.
6. Review:
A registrar has no power under this act to review his orders.
7. Remedy against registrar's order under specific relief:
Remedy against registrar under specific relief act can be availed by aggrieved person.
8. Conclusion:
To conclude I can say that sub-registrar is registration officers. he registers document in his specified area. under the registration act he can refuse to register a document without assigning any reason if the property is not within his area. the registration act does not provide any remedy against such order of sub-registrar.

  Refusal To Registration Of A Document.rtf (Size: 3.03 KB / Downloads: 642) ]]> what is the remedy against his order. (2001)
1. Introduction:
Sub-registrar can refuse to register a document in account of various grounds. under the registration act he can also refuse to register a document without assigning any reason. a person whose registration has been refused can avail himself different remedies available under the registration act.
2. Relevant provisions:
Sec. 71 registration act.
3. Reasons for refusal to register to be recorded:
Every sub-registrar refusing to register a document except on the ground that the property to which it relates is not situated within his sub-district, shall make an order of refusal and record his reason for such order in his book and endorse the word "Registration Refused" on the document and on application may by any person executing or claiming under the document shall without payment and necessary delay give him a copy of the reasons so recorded. No registering officer shall accept for registration a document so endorsed unless and until, under the provisions here in after contained the document is directed to be registered.
Case law
1995 CLC 187
Fixation of valuation of the property was exclusively a matter between vendor and vendee can sell his property at a price less than market value similarly vendee can purchase and property at a higher rate than market price. sun-registrar would be bound to register an instrument containing agreed, price therein provided the same had been property stamped.
4. Remedy against the order of sub-registrar:
If sub-registrar refused to register a document on the ground that the property is not situated within his area, there is no remedy against the order of the sub-registrar.
5. Appointment of registrars and sub-registrar:
The provincial government may appoint such persons, whether public officers or not as it thinks property, to be registrars of the several districts and to be sub-registrars of the several sub-district formed as aforesaid respectively.
6. Review:
A registrar has no power under this act to review his orders.
7. Remedy against registrar's order under specific relief:
Remedy against registrar under specific relief act can be availed by aggrieved person.
8. Conclusion:
To conclude I can say that sub-registrar is registration officers. he registers document in his specified area. under the registration act he can refuse to register a document without assigning any reason if the property is not within his area. the registration act does not provide any remedy against such order of sub-registrar.

  Refusal To Registration Of A Document.rtf (Size: 3.03 KB / Downloads: 642) ]]> https://vuhelp.net/Thread-What-are-the-duties-of-a-registering-officer-when-a-document-is-presented-for Fri, 31 Aug 2012 03:27:48 -0400 vustudents]]> https://vuhelp.net/Thread-What-are-the-duties-of-a-registering-officer-when-a-document-is-presented-for Q. What are the duties of a registering officer when a document is presented for registration discuss. (2000)(2001)(2004)
Q. What procedure is adopted by registering officer when a document is duly presented to him for registration? explain (2007)
1. Introduction:
When a document is presented for registration to the registration officer, he endorse on every document presented before him, date, place or registration and signature of the person presenting such document and gives receipt for such document to person presenting the same.
2. Relevant provisions:
Sec. 52-62 registration act.
3. Duties of registering officers when document is presented:
The duties of registering officer when document is presented, are following.
(i) Endorsement on document:
The day hour and place of presentation and signature of every person presenting a document for registration shall be endorsed on every such document at the time of presenting it.
Case law
PLD 1975 Kar. 786.
It was held that registrar is under no obligation to verify the contents of the document sought to be registered.
(ii) Duty to give receipt:
A receipt of such document shall be given by the registering officer for person presenting the same.
(iii) Duty to copy every presented document:
A document admitted to registration shall without delay be copied in the book appropriate according to the order of its admission.
(iv) Duty to issue certified copy:
It is the duty of the registering office to issue certified copy of the document registered in his office to person who applied for such copies.
(v) Certificate of registration:
The registering officer shall endorse there on a certificate containing the word registered together with the number and page of the book in which the document has been copied. such certificate shall be admissible for purpose of proving that the document has been duly registered in manner provided by this act.
(vi) Duty to return registered document:
The Duty document if registered completely by the registering officer shall be returned to the person who presented the document for the registration or the person nominated by him.
4. Conclusion:
To conclude I can say that registering officer is empowered under the registration act to register a document presented by a person. if he is not satisfied he can refuse to register the document. on his refusal to register the document. on his refusal to register the document different remedies are available.

  Duties Of Registering Officer.rtf (Size: 2.92 KB / Downloads: 321) ]]> Q. What are the duties of a registering officer when a document is presented for registration discuss. (2000)(2001)(2004)
Q. What procedure is adopted by registering officer when a document is duly presented to him for registration? explain (2007)
1. Introduction:
When a document is presented for registration to the registration officer, he endorse on every document presented before him, date, place or registration and signature of the person presenting such document and gives receipt for such document to person presenting the same.
2. Relevant provisions:
Sec. 52-62 registration act.
3. Duties of registering officers when document is presented:
The duties of registering officer when document is presented, are following.
(i) Endorsement on document:
The day hour and place of presentation and signature of every person presenting a document for registration shall be endorsed on every such document at the time of presenting it.
Case law
PLD 1975 Kar. 786.
It was held that registrar is under no obligation to verify the contents of the document sought to be registered.
(ii) Duty to give receipt:
A receipt of such document shall be given by the registering officer for person presenting the same.
(iii) Duty to copy every presented document:
A document admitted to registration shall without delay be copied in the book appropriate according to the order of its admission.
(iv) Duty to issue certified copy:
It is the duty of the registering office to issue certified copy of the document registered in his office to person who applied for such copies.
(v) Certificate of registration:
The registering officer shall endorse there on a certificate containing the word registered together with the number and page of the book in which the document has been copied. such certificate shall be admissible for purpose of proving that the document has been duly registered in manner provided by this act.
(vi) Duty to return registered document:
The Duty document if registered completely by the registering officer shall be returned to the person who presented the document for the registration or the person nominated by him.
4. Conclusion:
To conclude I can say that registering officer is empowered under the registration act to register a document presented by a person. if he is not satisfied he can refuse to register the document. on his refusal to register the document. on his refusal to register the document different remedies are available.

  Duties Of Registering Officer.rtf (Size: 2.92 KB / Downloads: 321) ]]> https://vuhelp.net/Thread-What-are-the-legal-effects-on-non-registration-of-a-document-required-to Fri, 31 Aug 2012 02:44:15 -0400 vustudents]]> https://vuhelp.net/Thread-What-are-the-legal-effects-on-non-registration-of-a-document-required-to Q. What are the legal effects on non-registration of a document required to compulsory registered? (2000)(2001)
Q. What is the effect and value of an unregistered document which require compulsory registration. (2005)
Q. What is effect of non-registration of documents required to be registered? discuss. (2007)
1. Introduction:
Under the registration act there are documents which require compulsory registration. if such documents are not registered there will be on evidentially value.
2. Relevant provisions:
Sec. 49 registration act.
3. Documents of which registration is compulsory:
Following are the document of which registration is compulsory under the registration act.
(i) Instrument of gift.
(ii) Non-testamentary instrument.
(iii) Instruments relating to receipts.
(iv) Lease deed.
(v) Instrument relating to degree and orders.
4. Purposes of registration:
Following are purposes of registration of document.
(i) Determination of legal status of document.
(ii) Admissibility of evidence in the court.
5. Effect of non-registration:
According to sec. 49 document required to be registered under this act or under any earlier law providing for or relating to registration of document shall.
(a) Operate to create declare assign limit or extinguish whether in present or in future any right title or interest whether vested or contingent to or in immoveable property or.
(b) Confer any power to adopt unless it has been registered.
6. Illustration:
A sells his house to b for rs. 2000,000/= and executes a sale deed in favour of b but b dose not get it registered and in case of dispute about such property this document cannot be presented as evidence in the court.
7. Essentials condition for application:
(i) Document.
(ii) Registration should be compulsory.
(iii) Non-registration of such document.
8. Position of un-registered document:
(i) No evidentiary value.
(ii) Oftenly not admissible in evidence.
Case law
1980 CLC 17
Document reguiring registration but not registered is nevertheless admissible to explain its nature and character as well as position of person holding under the same.
PLD 1976SC 781
Such unregistered instruments can be admissible in the court for a collateral purpose.
9. Circumstances when such instrument can be received in evidence:
Following are the circumstances when such instrument can be received in evidence.
(i) Matters of specific performance.
(ii) Receipts for consideration.
(iii) Transactional matters.
(iv) Evidence of an offence.
(v) Debt matters.
(vi) Maters of delivery of possession.
(vii) Proving of hand writing.
10. Conclusion:
To conclude i can say that documents which are compulsorily registerable if are not registered have no evidentially value. such unregistered document would not operate to create declare assign limit or extinguish in present or in future any title or interest whether vested or contingent to or in immoveable property.

  Effect Of Non-Registration.rtf (Size: 3.46 KB / Downloads: 410) ]]> Q. What are the legal effects on non-registration of a document required to compulsory registered? (2000)(2001)
Q. What is the effect and value of an unregistered document which require compulsory registration. (2005)
Q. What is effect of non-registration of documents required to be registered? discuss. (2007)
1. Introduction:
Under the registration act there are documents which require compulsory registration. if such documents are not registered there will be on evidentially value.
2. Relevant provisions:
Sec. 49 registration act.
3. Documents of which registration is compulsory:
Following are the document of which registration is compulsory under the registration act.
(i) Instrument of gift.
(ii) Non-testamentary instrument.
(iii) Instruments relating to receipts.
(iv) Lease deed.
(v) Instrument relating to degree and orders.
4. Purposes of registration:
Following are purposes of registration of document.
(i) Determination of legal status of document.
(ii) Admissibility of evidence in the court.
5. Effect of non-registration:
According to sec. 49 document required to be registered under this act or under any earlier law providing for or relating to registration of document shall.
(a) Operate to create declare assign limit or extinguish whether in present or in future any right title or interest whether vested or contingent to or in immoveable property or.
(b) Confer any power to adopt unless it has been registered.
6. Illustration:
A sells his house to b for rs. 2000,000/= and executes a sale deed in favour of b but b dose not get it registered and in case of dispute about such property this document cannot be presented as evidence in the court.
7. Essentials condition for application:
(i) Document.
(ii) Registration should be compulsory.
(iii) Non-registration of such document.
8. Position of un-registered document:
(i) No evidentiary value.
(ii) Oftenly not admissible in evidence.
Case law
1980 CLC 17
Document reguiring registration but not registered is nevertheless admissible to explain its nature and character as well as position of person holding under the same.
PLD 1976SC 781
Such unregistered instruments can be admissible in the court for a collateral purpose.
9. Circumstances when such instrument can be received in evidence:
Following are the circumstances when such instrument can be received in evidence.
(i) Matters of specific performance.
(ii) Receipts for consideration.
(iii) Transactional matters.
(iv) Evidence of an offence.
(v) Debt matters.
(vi) Maters of delivery of possession.
(vii) Proving of hand writing.
10. Conclusion:
To conclude i can say that documents which are compulsorily registerable if are not registered have no evidentially value. such unregistered document would not operate to create declare assign limit or extinguish in present or in future any title or interest whether vested or contingent to or in immoveable property.

  Effect Of Non-Registration.rtf (Size: 3.46 KB / Downloads: 410) ]]> https://vuhelp.net/Thread-What-are-the-document-on-which-registration-is-optional-2000-2003 Fri, 31 Aug 2012 01:10:58 -0400 vustudents]]> https://vuhelp.net/Thread-What-are-the-document-on-which-registration-is-optional-2000-2003 1. Introduction:
All sorts of documents are not compulsorily registreable under the registration act there are documents on which registration is at the option of the party. the non-registration of such documents does not effect the validity or admissibility in the evidence.
2. Relevant provisions:
Sec. 17, 18 the registration act.
3. Documents of which registration is optional:
According to Sec. 18
"Any document not required to be registered under Sec. 17 also be registered under act."
4. Instances of documents:
Following are instances of document of which registration optional.
(i) Will:
Will are not be compulsorily registreable.
Case law
1986 CLC 372
The will by a Muslim does not require registration form of will is completely immaterial. it can be made either verbally or in writing. registration act does not require a will to be registered.
(ii) Power of attorney:
Power of attorney need not be registered. however it can be registered at the option of the party.
(iii) Agreement to sell:
1989 CLC 1318
Agreement to sell does not need to be registered under the registration act.
(iv) Agreement for partition:
Agreement for partition does not need to be registered.
(v) Instrument creating tenancy for a year or less:
Instrument creating tenancy for a year or less than one year need not to be registered.
(vi) Promissory note:
Promissory note are not compulsorily registreable. however a promissory note may be registered at the option of the party.
(vii) Agreement of mortgage:
Agreement of mortgage may be registered at the option of the party.
(viii) Deed of adoption:
A deed of adoption may be registered at the option of the party.
(ix) Contracts and bounds:
Simple contracts and bounds may be registered under the registration act.
(x) Releases:
A release is not compulsorily registreable. it may be registered at the option of the party.
5. Scope:
Sec. 18 explains that all those document other than those required to be registered under Sec. 17 are optionally registreable under this present act.
6. Conclusion:
To conclude I can say that, under the registration is optional at the party if such documents are not registered it does not loose its value.

  Document Of Which Registration Is Optional.rtf (Size: 2.9 KB / Downloads: 374) ]]> 1. Introduction:
All sorts of documents are not compulsorily registreable under the registration act there are documents on which registration is at the option of the party. the non-registration of such documents does not effect the validity or admissibility in the evidence.
2. Relevant provisions:
Sec. 17, 18 the registration act.
3. Documents of which registration is optional:
According to Sec. 18
"Any document not required to be registered under Sec. 17 also be registered under act."
4. Instances of documents:
Following are instances of document of which registration optional.
(i) Will:
Will are not be compulsorily registreable.
Case law
1986 CLC 372
The will by a Muslim does not require registration form of will is completely immaterial. it can be made either verbally or in writing. registration act does not require a will to be registered.
(ii) Power of attorney:
Power of attorney need not be registered. however it can be registered at the option of the party.
(iii) Agreement to sell:
1989 CLC 1318
Agreement to sell does not need to be registered under the registration act.
(iv) Agreement for partition:
Agreement for partition does not need to be registered.
(v) Instrument creating tenancy for a year or less:
Instrument creating tenancy for a year or less than one year need not to be registered.
(vi) Promissory note:
Promissory note are not compulsorily registreable. however a promissory note may be registered at the option of the party.
(vii) Agreement of mortgage:
Agreement of mortgage may be registered at the option of the party.
(viii) Deed of adoption:
A deed of adoption may be registered at the option of the party.
(ix) Contracts and bounds:
Simple contracts and bounds may be registered under the registration act.
(x) Releases:
A release is not compulsorily registreable. it may be registered at the option of the party.
5. Scope:
Sec. 18 explains that all those document other than those required to be registered under Sec. 17 are optionally registreable under this present act.
6. Conclusion:
To conclude I can say that, under the registration is optional at the party if such documents are not registered it does not loose its value.

  Document Of Which Registration Is Optional.rtf (Size: 2.9 KB / Downloads: 374) ]]> https://vuhelp.net/Thread-What-are-documents-which-are-required-to-be-registered-compulsory-1999-2002-2004 Thu, 30 Aug 2012 15:13:40 -0400 vustudents]]> https://vuhelp.net/Thread-What-are-documents-which-are-required-to-be-registered-compulsory-1999-2002-2004 1. Introduction:
All sorts of documents are not compulsorily registrable in the registration act there are documents which require registration. documents required under the registration act to be registered loose evidentiary value and shall not be admitted in evidence if they are not so registered.
2. Relevant provisions:
Sec. 17 registration act.
3. Documents of which registration is compulsory:
Following are document of which registration is compulsory.
(i) Instrument of gift:
Instruments of gift of immoveable property are compulsory registrable under the registration act.
Gift under Islamic law
1987 SCMR 1403
The registration of hiba or gift under Islamic law is not compulsory.
(ii) Non-testamentary instrument:
Other non-testamentary instruments which purport of operate to creat, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent of the value of one hundred rupees and upwards, to or in immoveable property.
Non-testamentary instrument:
Every document which is not a will or codicil is called non-testamentary instruments.
(iii) Instrument relating to receipts:
Non-testamentary instruments (other than the acknowledgement of a receipt or payment made in respect of any transaction to which an instrument registered under clause (a) relates which acknowledged of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, tile or interest.
(iv) Lease deed:
Lease of immoveable property from year to year or any term exceeding one year or reserving a rent.
(v) Instrument relating to decree and order:
Non-testamentary instruments transferring or assigning any award when such decree or order or award purports or operates to create declare, assign, limit, or extinguish whether in present or in future, any right title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immoveable property.
4. Other registrable documents:
Following are the documents which should also be registered.
(i) Mortgage deed.
(ii) Dower deed
(iii) Debenture.
(iv) Adoption deed.
(v) Instrument of lease.
(vi) Compromise deed.
(vii) Sale certificates.
(viii) Sale deeds
5. Scope:
Sec. 17 enumerates the documents which are comulsorily registerable. the effect of not registering a document compulsorily registerable is that it can not effect any immoveable property.
6. Document executed in foreign state:
Document executed in foreign state which is compulsorily registerable according to the law of state and which is not so registered is not admissible evidence.
7. Conclusion:
To conclude I can say that document requiring registration under Sec. 17 of the registration act must be registered. this section establishes the necessity for registration with regard to certain classes of documents.

  Documents Of Which Registration Is Compulsory.rtf (Size: 3.59 KB / Downloads: 447) ]]> 1. Introduction:
All sorts of documents are not compulsorily registrable in the registration act there are documents which require registration. documents required under the registration act to be registered loose evidentiary value and shall not be admitted in evidence if they are not so registered.
2. Relevant provisions:
Sec. 17 registration act.
3. Documents of which registration is compulsory:
Following are document of which registration is compulsory.
(i) Instrument of gift:
Instruments of gift of immoveable property are compulsory registrable under the registration act.
Gift under Islamic law
1987 SCMR 1403
The registration of hiba or gift under Islamic law is not compulsory.
(ii) Non-testamentary instrument:
Other non-testamentary instruments which purport of operate to creat, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent of the value of one hundred rupees and upwards, to or in immoveable property.
Non-testamentary instrument:
Every document which is not a will or codicil is called non-testamentary instruments.
(iii) Instrument relating to receipts:
Non-testamentary instruments (other than the acknowledgement of a receipt or payment made in respect of any transaction to which an instrument registered under clause (a) relates which acknowledged of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, tile or interest.
(iv) Lease deed:
Lease of immoveable property from year to year or any term exceeding one year or reserving a rent.
(v) Instrument relating to decree and order:
Non-testamentary instruments transferring or assigning any award when such decree or order or award purports or operates to create declare, assign, limit, or extinguish whether in present or in future, any right title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immoveable property.
4. Other registrable documents:
Following are the documents which should also be registered.
(i) Mortgage deed.
(ii) Dower deed
(iii) Debenture.
(iv) Adoption deed.
(v) Instrument of lease.
(vi) Compromise deed.
(vii) Sale certificates.
(viii) Sale deeds
5. Scope:
Sec. 17 enumerates the documents which are comulsorily registerable. the effect of not registering a document compulsorily registerable is that it can not effect any immoveable property.
6. Document executed in foreign state:
Document executed in foreign state which is compulsorily registerable according to the law of state and which is not so registered is not admissible evidence.
7. Conclusion:
To conclude I can say that document requiring registration under Sec. 17 of the registration act must be registered. this section establishes the necessity for registration with regard to certain classes of documents.

  Documents Of Which Registration Is Compulsory.rtf (Size: 3.59 KB / Downloads: 447) ]]> https://vuhelp.net/Thread-What-is-procedure-adopted-for-acquisition-of-land-for-a-company-2001-2002 Thu, 30 Aug 2012 13:40:09 -0400 vustudents]]> https://vuhelp.net/Thread-What-is-procedure-adopted-for-acquisition-of-land-for-a-company-2001-2002 1. Introduction:
Company is an association of persons united for a common purpose. under land acquisition act company is entitled for the acquisition of for public purpose. a company can not acquire a land if there is no involvement of public purpose.
2. Relevant provisions:
Sec. 38, 39, 40, 41, 42, 43A land acquisition act.
3. Definition of company:
Company means a company registered under the Indian companies act 1882 (VI of 1982), or under the (English) companies act 1862 to 1890, or incorporated Pakistan law or by royal charter or letter patent and include a society registered under kingdom or by Pakistan law or by royal charter of latter patent and include a society registered under the society registration act 1860 (XXI of 1860) and a registered society within the meaning of the co-operative society act, 1912 (II of 1912).
4. Definition of public purpose:
The expression public purpose include the provision of village sites in districts in which the provincial government shall have declared by notification in the official gazette that it is customary for the government to make such provisions.
What are public purposes:
(i) Public liability.
(ii) Educational institution.
(iii) Industrial area.
(iv) Village market.
(v)Residential house of industrial labour.
(vi) Settlement of immigrants.
(vii) Housing scheme.
(viii) Construction of God owns for storage of food.
(ix) Construction of staff quarters.
(x) Re-habilitation of refugees.
(xi) Scheme for land reforms.
(xii) Roads and railway tracks.
(xiii) Accommodation for government servants.
5. Basis:
"Salus populi supreme lex"
It means the interests of public are supreme and private interest are subordinate to the interest of state.
6. Procedure of acquisition of land for companies:
(i) Company to apply to the collector:
Company desiring to acquiring land shall apply to the collector for acquiring land.
(ii) Issuance of notification:
Notification shall be issued in which name of the revenue estate, detail of dimension and boundaries of squares or restate, detail of dimension and boundaries of squares or rectangles as well as approximate area to be acquired shall be mentioned.
(iii) Company may be authorized to enter and survey:
Any officer of the company may be authorized to enter and survey the land so acquired.
(iv) Previous consent of provincial Govt. and execution agreement necessary:
On the report of the collector or after conducting inquiry consent shall be given by provincial Govt.
7. Execution of agreement:
If provincial govt. is satisfied, it shall execute an agreement with the company.
Particulars of agreement:
(i) The payment to the provincial govt, of the cost of the acquisition.
(ii) The transfer of such payment of the land to the company.
(iii) The term on which land shall be held by the company.
(iv) If the land is acquired for houses or provision of amentias connected therewith.
(a) The time which construction is to be made.
(b) Conditions under which construction is to be made.
© Manners in which dwelling houses.
(v) If any land is acquired for construction of public interest.
(a) Time of completion.
(b) Conditions of construction.
© Time within which public shall use the work.
(d) Terms on which the public shall be entitled to use the work.
8. Restriction on transfer:
No company which has acquired land shall be entitled to transfer the said land or any part there of by sale, mortgage, gift, lease or otherwise.
Exception:
Previous sanction of provincial govt, company can transfer the land.
9. Conclusion:
To conclude I can say that under land acquisition act company is entitled to acquire land for public purposes. the provincial Govt. is empowered to decide about the public purpose. the exercise of the power of acquisition has been limited to purposes.

  Procedure Of Acquisition Of Land By Company.rtf (Size: 4.61 KB / Downloads: 340) ]]> 1. Introduction:
Company is an association of persons united for a common purpose. under land acquisition act company is entitled for the acquisition of for public purpose. a company can not acquire a land if there is no involvement of public purpose.
2. Relevant provisions:
Sec. 38, 39, 40, 41, 42, 43A land acquisition act.
3. Definition of company:
Company means a company registered under the Indian companies act 1882 (VI of 1982), or under the (English) companies act 1862 to 1890, or incorporated Pakistan law or by royal charter or letter patent and include a society registered under kingdom or by Pakistan law or by royal charter of latter patent and include a society registered under the society registration act 1860 (XXI of 1860) and a registered society within the meaning of the co-operative society act, 1912 (II of 1912).
4. Definition of public purpose:
The expression public purpose include the provision of village sites in districts in which the provincial government shall have declared by notification in the official gazette that it is customary for the government to make such provisions.
What are public purposes:
(i) Public liability.
(ii) Educational institution.
(iii) Industrial area.
(iv) Village market.
(v)Residential house of industrial labour.
(vi) Settlement of immigrants.
(vii) Housing scheme.
(viii) Construction of God owns for storage of food.
(ix) Construction of staff quarters.
(x) Re-habilitation of refugees.
(xi) Scheme for land reforms.
(xii) Roads and railway tracks.
(xiii) Accommodation for government servants.
5. Basis:
"Salus populi supreme lex"
It means the interests of public are supreme and private interest are subordinate to the interest of state.
6. Procedure of acquisition of land for companies:
(i) Company to apply to the collector:
Company desiring to acquiring land shall apply to the collector for acquiring land.
(ii) Issuance of notification:
Notification shall be issued in which name of the revenue estate, detail of dimension and boundaries of squares or restate, detail of dimension and boundaries of squares or rectangles as well as approximate area to be acquired shall be mentioned.
(iii) Company may be authorized to enter and survey:
Any officer of the company may be authorized to enter and survey the land so acquired.
(iv) Previous consent of provincial Govt. and execution agreement necessary:
On the report of the collector or after conducting inquiry consent shall be given by provincial Govt.
7. Execution of agreement:
If provincial govt. is satisfied, it shall execute an agreement with the company.
Particulars of agreement:
(i) The payment to the provincial govt, of the cost of the acquisition.
(ii) The transfer of such payment of the land to the company.
(iii) The term on which land shall be held by the company.
(iv) If the land is acquired for houses or provision of amentias connected therewith.
(a) The time which construction is to be made.
(b) Conditions under which construction is to be made.
© Manners in which dwelling houses.
(v) If any land is acquired for construction of public interest.
(a) Time of completion.
(b) Conditions of construction.
© Time within which public shall use the work.
(d) Terms on which the public shall be entitled to use the work.
8. Restriction on transfer:
No company which has acquired land shall be entitled to transfer the said land or any part there of by sale, mortgage, gift, lease or otherwise.
Exception:
Previous sanction of provincial govt, company can transfer the land.
9. Conclusion:
To conclude I can say that under land acquisition act company is entitled to acquire land for public purposes. the provincial Govt. is empowered to decide about the public purpose. the exercise of the power of acquisition has been limited to purposes.

  Procedure Of Acquisition Of Land By Company.rtf (Size: 4.61 KB / Downloads: 340) ]]> https://vuhelp.net/Thread-What-is-award-as-understood-under-the-land-acquisition-act Thu, 30 Aug 2012 12:31:46 -0400 vustudents]]> https://vuhelp.net/Thread-What-is-award-as-understood-under-the-land-acquisition-act Q. What is award as understood under the land acquisition act? what are the steps as land acquisition collector takes before making an award. (2000)(2001)(2003)
Q. What do you know about 'award by collector"? discuss its important ingredient.(2006)
Q. What steps are taken by the land acquisition collector before making an award explain. (2007)
1. Introduction:
The word award has not defined in land acquisition act. the land acquisition officer is in no sense a judicial officer. the proceeding before him can not be called judicial proceeding. he is empowered to make award under the land acquisition act. the jurisdiction of the collector is limited. he exercises the executive and administrative authority. the award cannot be enforced as decree of the court.
2. Meaning of award:
Oxford dictionary
Award is judicial decision.
3. Definition of award:
1988 CLC 715
Word award thought not defined in land acquisition act, yet is used, with reference to compensation for land acquired, both award made by collector and judgment passed by acquisition judge on reference by collector on such award are to be deemed award.
4. Contents of award:
Following are essential of the award.
(i) Area of land:
Measured and true area of the land is mentioned by the collector.
(ii) Amount of compensation:
Collector shall describe the amount of the compensation.
(iii) Division of compensation:
The share of persons of compensation shall be mentioned in the award.
(iv) Signature:
Collector should sign his award.
5. Procedure or steps taken by land acquisition officer before making award:
Following steps shall be taken by the land acquisition officer before making award.
(i) Preliminary investigation and hearing of objections:
The land acquisition officer will investigate the matter and hears the objections.
(ii) Declaration of intended acquisition land and order there upon:
Declaration of intended acquisition of land will be made and also collector shall make such order.
(iii) Notice:
Notice to the persons interested will be issued.
(iv) Power to require and enforce the making of statements as to the names and interests:
Collector has power to require and enforce the making of statement as to the names and interest.
(v) Enquiry and award by the collector:
The collector shall make enquiry as to the objection which has been raised by any person interested, after hearing of objection the collector shall make award.
(vi) Finality of Award:
Award would become final when filed in the office of collector.
6. Correction of mistake in aware:
Any arithmetical or clerical mistake can be removed by the.
(i) Collector himself or.
(ii) On application of any party.
7. Conclusion:
To conclude I can say that award is decision of land acquisition officer. it is made after following the procedure in the land acquisition act, any person interested who is not satisfied with award can seek remedy.

  Award.rtf (Size: 3.5 KB / Downloads: 325) ]]> Q. What is award as understood under the land acquisition act? what are the steps as land acquisition collector takes before making an award. (2000)(2001)(2003)
Q. What do you know about 'award by collector"? discuss its important ingredient.(2006)
Q. What steps are taken by the land acquisition collector before making an award explain. (2007)
1. Introduction:
The word award has not defined in land acquisition act. the land acquisition officer is in no sense a judicial officer. the proceeding before him can not be called judicial proceeding. he is empowered to make award under the land acquisition act. the jurisdiction of the collector is limited. he exercises the executive and administrative authority. the award cannot be enforced as decree of the court.
2. Meaning of award:
Oxford dictionary
Award is judicial decision.
3. Definition of award:
1988 CLC 715
Word award thought not defined in land acquisition act, yet is used, with reference to compensation for land acquired, both award made by collector and judgment passed by acquisition judge on reference by collector on such award are to be deemed award.
4. Contents of award:
Following are essential of the award.
(i) Area of land:
Measured and true area of the land is mentioned by the collector.
(ii) Amount of compensation:
Collector shall describe the amount of the compensation.
(iii) Division of compensation:
The share of persons of compensation shall be mentioned in the award.
(iv) Signature:
Collector should sign his award.
5. Procedure or steps taken by land acquisition officer before making award:
Following steps shall be taken by the land acquisition officer before making award.
(i) Preliminary investigation and hearing of objections:
The land acquisition officer will investigate the matter and hears the objections.
(ii) Declaration of intended acquisition land and order there upon:
Declaration of intended acquisition of land will be made and also collector shall make such order.
(iii) Notice:
Notice to the persons interested will be issued.
(iv) Power to require and enforce the making of statements as to the names and interests:
Collector has power to require and enforce the making of statement as to the names and interest.
(v) Enquiry and award by the collector:
The collector shall make enquiry as to the objection which has been raised by any person interested, after hearing of objection the collector shall make award.
(vi) Finality of Award:
Award would become final when filed in the office of collector.
6. Correction of mistake in aware:
Any arithmetical or clerical mistake can be removed by the.
(i) Collector himself or.
(ii) On application of any party.
7. Conclusion:
To conclude I can say that award is decision of land acquisition officer. it is made after following the procedure in the land acquisition act, any person interested who is not satisfied with award can seek remedy.

  Award.rtf (Size: 3.5 KB / Downloads: 325) ]]> https://vuhelp.net/Thread-Explain-the-difference-between-a-reference-to-court-under-Sec-18-Sec-30-of-the-act Thu, 30 Aug 2012 11:49:01 -0400 vustudents]]> https://vuhelp.net/Thread-Explain-the-difference-between-a-reference-to-court-under-Sec-18-Sec-30-of-the-act 1. Introduction:
If the award which is not acceptable or any person, remedy is provided under land acquisition act against the award of the collector. the collector in his own motion can make reference to the court in respect of apportionment of the compensation.
2. Relevant provisions:
Sec. 18 and 30 land acquisition act.
3. Meaning of reference:
Oxford concise dicitionary.
"The referring of a matter for decision or settlement or consideration to some authority."
4. Reference is not an appeal:
An award made by the collector is not a judicial act so the reference sent to the court is not an appeal award is mere offer for compensation.
5. Kinds of reference under land acquisition act:
(i) Reference under Sec. 18
(ii) Reference under Sec. 30
6. Difference between reference to court under Sec. 18 and Section 30:
(i) As to nature:
Sec. 18 gives statutory right.
There is no statutory right under Sec. 30.
(ii) As to object:
Object of Sec. 18 is to correct the award.
Object of Sec. 30 is to settlement of dispute.
(iii) As to grounds:
Section 18 provides following grounds for reference.
(i) Measurement of the land.
(ii) Amount of compensation.
(iii) Persons to whom it is payable.
(iv) Apprisonment of the compensation.
Under Sec 30 dispute as to apportionment is the ground of reference.
(iv) As to discretion of collector:
Under Sec. 18 collector has no discretionary power.
Under Sec. 30 collector has discretionary power.
(v) As to mode:
Under Sec 18 collector can not refer in his own motion.
Under Sec. 30, collector can take suo moto action.
(vi) As to limitation:
Time is prescribed for filing reference under Sec. 18
Time is not prescribed under Sec. 30.
(vii) As to interest of Govt:
Interest of the Govt. is involved under Sec. 18
No interest of the Govt. is involved under Sec. 30
(viii) As to scope:
Scope of Sec. 18 is wider.
Scope of Sec. 30 is narrower.
(ix) As to person entitled to reference:
Under Sec. 18 persons interested are entitled to reference to the court.
Under Sec. 30, the collector is entitled to reference to the court.
(x) As to remedy:
Sec. 18 provides remedy for person interested.
Sec. 30 helps only collector in settling dispute.
7. Conclusion:
To conclude I can say that reference can be made under Sec. 18 and 30 of the land acquisition act but both are different in nature.

  Distinguish Between Sec. 18 And Sec. 30.rtf (Size: 3.1 KB / Downloads: 327) ]]> 1. Introduction:
If the award which is not acceptable or any person, remedy is provided under land acquisition act against the award of the collector. the collector in his own motion can make reference to the court in respect of apportionment of the compensation.
2. Relevant provisions:
Sec. 18 and 30 land acquisition act.
3. Meaning of reference:
Oxford concise dicitionary.
"The referring of a matter for decision or settlement or consideration to some authority."
4. Reference is not an appeal:
An award made by the collector is not a judicial act so the reference sent to the court is not an appeal award is mere offer for compensation.
5. Kinds of reference under land acquisition act:
(i) Reference under Sec. 18
(ii) Reference under Sec. 30
6. Difference between reference to court under Sec. 18 and Section 30:
(i) As to nature:
Sec. 18 gives statutory right.
There is no statutory right under Sec. 30.
(ii) As to object:
Object of Sec. 18 is to correct the award.
Object of Sec. 30 is to settlement of dispute.
(iii) As to grounds:
Section 18 provides following grounds for reference.
(i) Measurement of the land.
(ii) Amount of compensation.
(iii) Persons to whom it is payable.
(iv) Apprisonment of the compensation.
Under Sec 30 dispute as to apportionment is the ground of reference.
(iv) As to discretion of collector:
Under Sec. 18 collector has no discretionary power.
Under Sec. 30 collector has discretionary power.
(v) As to mode:
Under Sec 18 collector can not refer in his own motion.
Under Sec. 30, collector can take suo moto action.
(vi) As to limitation:
Time is prescribed for filing reference under Sec. 18
Time is not prescribed under Sec. 30.
(vii) As to interest of Govt:
Interest of the Govt. is involved under Sec. 18
No interest of the Govt. is involved under Sec. 30
(viii) As to scope:
Scope of Sec. 18 is wider.
Scope of Sec. 30 is narrower.
(ix) As to person entitled to reference:
Under Sec. 18 persons interested are entitled to reference to the court.
Under Sec. 30, the collector is entitled to reference to the court.
(x) As to remedy:
Sec. 18 provides remedy for person interested.
Sec. 30 helps only collector in settling dispute.
7. Conclusion:
To conclude I can say that reference can be made under Sec. 18 and 30 of the land acquisition act but both are different in nature.

  Distinguish Between Sec. 18 And Sec. 30.rtf (Size: 3.1 KB / Downloads: 327) ]]> https://vuhelp.net/Thread-What-is-remedy-available-to-a-person-aggrived-of-the-award-2000 Thu, 30 Aug 2012 09:57:29 -0400 vustudents]]> https://vuhelp.net/Thread-What-is-remedy-available-to-a-person-aggrived-of-the-award-2000 Q. What remedy is available for a person interested, who has not accepted the award for adjudication of the matter under the land acquisition act. (2002)
Q. Describe the procedure to be adopted in case the award given by the collector is not acceptable by the parties. (2003)
1. Introduction:
If the award which is given by the collector is not acceptable by parties or any person, remedy is provided under land acquisition act against the award of the collector.
2. Relevant provisions:
Sec 18, 20, 21 land acquisition act.
3. Meaning of award:
Oxford dictionary
Award is judicial decision.
4. Definition of award:
1988 CLC 715
Word award though not defined in land acquisition act, yet is used, with reference to compensation for land acquired, both award made by collector and passed by acquisition judge or reference by collector on such award are to be deemed award.
5. Person who can apply for reference:
Person interested can apply for reference .
"Person interested" includes all persons claiming an interest in compensation to the made on account of the acquisition of land under this act, and a person shall be deemed to interest in land if he is interested in an easement affecting the land.
6. When right of references is lost:
If person interested has received compensation the right of reference is lost.
7. Essential conditions for making reference:
Following are essentials conditions for making reference.
(i) Written application shall be made to the collector.
(ii) Application shall be made only by person interested.
(iii) The person who has not accepted the award can make application.
(iv) Grounds for objection shall be mentioned in the application.
(v) Application for reference should be made within prescribed time.
(vi) The application shall be filed within six weeks from the date of the award of collector.
8. Grounds of application:
Following are grounds of application.
(i) Objections as the measurement of the land.
(ii)Objections as to the amount of compensation.
(iii) Objections as to the person to whom it is payable.
(iv) Objections as to the apportionment of the compensation among the person interested.
Case PLD 1975 Pesh. (Z).
It was held that a reference must be based on all or any one of the above mentioned ground.
9. Procedure:
(i) Service of notice:
Notice shall be served upon the following persons.
(i) Person interested.
(ii) Collector.
(iii) Applicant.
(ii) Restriction of scope of the proceedings:
The scope of the inquiry in every such proceeding shall be restricted to a consideration of interests of the persons affected by the objection.
(iii) Proceeding and order:
Every such proceeding shall be take place in the open court. the court shall make order after considering the objections.
10. Limitation for application of reference:
(a) If the person was present before the collector at time of making award the limitation will 6 weeks.
(b) Otherwise i. e, if he was not present or represented within 6 weeks of receipts of notice u/s 12(2). if the not has not been received within 6 months of making of award.
11. Appeal:
Appeal can be filed in the H. C against the order of the court.
12. Conclusion:
To conclude I can say that reference can made to the court by person interested through collector. a person not aggrieved of award by collector is not entitled to seek remedy.

  Remedy Available To Aggrieved Person.rtf (Size: 4.08 KB / Downloads: 305) ]]> Q. What remedy is available for a person interested, who has not accepted the award for adjudication of the matter under the land acquisition act. (2002)
Q. Describe the procedure to be adopted in case the award given by the collector is not acceptable by the parties. (2003)
1. Introduction:
If the award which is given by the collector is not acceptable by parties or any person, remedy is provided under land acquisition act against the award of the collector.
2. Relevant provisions:
Sec 18, 20, 21 land acquisition act.
3. Meaning of award:
Oxford dictionary
Award is judicial decision.
4. Definition of award:
1988 CLC 715
Word award though not defined in land acquisition act, yet is used, with reference to compensation for land acquired, both award made by collector and passed by acquisition judge or reference by collector on such award are to be deemed award.
5. Person who can apply for reference:
Person interested can apply for reference .
"Person interested" includes all persons claiming an interest in compensation to the made on account of the acquisition of land under this act, and a person shall be deemed to interest in land if he is interested in an easement affecting the land.
6. When right of references is lost:
If person interested has received compensation the right of reference is lost.
7. Essential conditions for making reference:
Following are essentials conditions for making reference.
(i) Written application shall be made to the collector.
(ii) Application shall be made only by person interested.
(iii) The person who has not accepted the award can make application.
(iv) Grounds for objection shall be mentioned in the application.
(v) Application for reference should be made within prescribed time.
(vi) The application shall be filed within six weeks from the date of the award of collector.
8. Grounds of application:
Following are grounds of application.
(i) Objections as the measurement of the land.
(ii)Objections as to the amount of compensation.
(iii) Objections as to the person to whom it is payable.
(iv) Objections as to the apportionment of the compensation among the person interested.
Case PLD 1975 Pesh. (Z).
It was held that a reference must be based on all or any one of the above mentioned ground.
9. Procedure:
(i) Service of notice:
Notice shall be served upon the following persons.
(i) Person interested.
(ii) Collector.
(iii) Applicant.
(ii) Restriction of scope of the proceedings:
The scope of the inquiry in every such proceeding shall be restricted to a consideration of interests of the persons affected by the objection.
(iii) Proceeding and order:
Every such proceeding shall be take place in the open court. the court shall make order after considering the objections.
10. Limitation for application of reference:
(a) If the person was present before the collector at time of making award the limitation will 6 weeks.
(b) Otherwise i. e, if he was not present or represented within 6 weeks of receipts of notice u/s 12(2). if the not has not been received within 6 months of making of award.
11. Appeal:
Appeal can be filed in the H. C against the order of the court.
12. Conclusion:
To conclude I can say that reference can made to the court by person interested through collector. a person not aggrieved of award by collector is not entitled to seek remedy.

  Remedy Available To Aggrieved Person.rtf (Size: 4.08 KB / Downloads: 305) ]]> https://vuhelp.net/Thread-Q-Discuss-the-procedure-acquisition-of-land-in-case-of-urgency-2005 Thu, 30 Aug 2012 08:50:47 -0400 vustudents]]> https://vuhelp.net/Thread-Q-Discuss-the-procedure-acquisition-of-land-in-case-of-urgency-2005 1. Introduction:
The government is empowered to acquired land for public purpose and company government is to decide about the public purpose and company government is to decide about the public purpose. a collector can act for public purpose.
2. Relevant provisions:
Sec. 17 of land acquisition act.
3. Meaning of urgency:
Urgency means something which lead compulsory and immediate attention.
4. What constitution urgency:
The section 17 relates to the concept of "eminent domain" which means the power of the government to take away private property for public purpose. it would depend on the circumstances that what would constitute an urgency. the collector is the sole judge to determine whether there is urgency or not.
5. Definition of collector:
The expression collector means the collector of a district, and include a district an any specially officer appointed by the provincial government to perform the functions of a collector under this act.
6. Circumstances for acquisition of land under land acquisition act:
Following are circumstances when land can be acquired.
(i) Acquisition of land in ordinary circumstances.
(ii) Acquisition of land in urgency.
(i) Acquisition of land in ordinary circumstances:
A collector can acquire land in ordinary circumstance under land acquisition act.
(ii) Acquisition of land in urgency:
A collector can acquire the possession of land in cases of emergency.
7. Object:
Case law
PLD 1990 LAH. 274
That object of exacting sec. 17 was to allow the authority to proceed in the manner without waiting for other formalities to be completed.
8. Determination of urgency:
1993 MLD 1887:
The existence of emergency is a matter of solely for the determination of the government and is not a subject of judicial review.
9. Procedure in urgency:
Collector on the direction of the provincial government on the expiration of fifteen days form the publication of notice can take possession of land.
Conditions:
(i) Declaration must have been published.
(ii) Land must have been measured.
(iii) Land must have been marked out.
(iv) The must be required for permanent acquisition.
(v) Order of government should have been received.
(vi) Compensation has been assessed.
(vii) Compensation has been offered to person whose land is to required.
(viii) Land must be waste or arable.
(ix) 15 days have been expired after the publication of notice.
(x) Public purpose.
10. Application of sec .17
17 (i) is applicable to arable or wast land as well as all other land.
11. Effect of acquisition:
Such land shall there upon a vest absolutely in the government form all encumbrances.
12. Conclusion:
To conclude i can say that provincial govt. is empowered to acquire land in case of emergency. it can direct collector to take possession of the land or any building. the competent authority in case of urgency do not follow the formalities while taking the possession of land.

  Procedure In Case Of Urgency.rtf (Size: 3.56 KB / Downloads: 334) ]]> 1. Introduction:
The government is empowered to acquired land for public purpose and company government is to decide about the public purpose and company government is to decide about the public purpose. a collector can act for public purpose.
2. Relevant provisions:
Sec. 17 of land acquisition act.
3. Meaning of urgency:
Urgency means something which lead compulsory and immediate attention.
4. What constitution urgency:
The section 17 relates to the concept of "eminent domain" which means the power of the government to take away private property for public purpose. it would depend on the circumstances that what would constitute an urgency. the collector is the sole judge to determine whether there is urgency or not.
5. Definition of collector:
The expression collector means the collector of a district, and include a district an any specially officer appointed by the provincial government to perform the functions of a collector under this act.
6. Circumstances for acquisition of land under land acquisition act:
Following are circumstances when land can be acquired.
(i) Acquisition of land in ordinary circumstances.
(ii) Acquisition of land in urgency.
(i) Acquisition of land in ordinary circumstances:
A collector can acquire land in ordinary circumstance under land acquisition act.
(ii) Acquisition of land in urgency:
A collector can acquire the possession of land in cases of emergency.
7. Object:
Case law
PLD 1990 LAH. 274
That object of exacting sec. 17 was to allow the authority to proceed in the manner without waiting for other formalities to be completed.
8. Determination of urgency:
1993 MLD 1887:
The existence of emergency is a matter of solely for the determination of the government and is not a subject of judicial review.
9. Procedure in urgency:
Collector on the direction of the provincial government on the expiration of fifteen days form the publication of notice can take possession of land.
Conditions:
(i) Declaration must have been published.
(ii) Land must have been measured.
(iii) Land must have been marked out.
(iv) The must be required for permanent acquisition.
(v) Order of government should have been received.
(vi) Compensation has been assessed.
(vii) Compensation has been offered to person whose land is to required.
(viii) Land must be waste or arable.
(ix) 15 days have been expired after the publication of notice.
(x) Public purpose.
10. Application of sec .17
17 (i) is applicable to arable or wast land as well as all other land.
11. Effect of acquisition:
Such land shall there upon a vest absolutely in the government form all encumbrances.
12. Conclusion:
To conclude i can say that provincial govt. is empowered to acquire land in case of emergency. it can direct collector to take possession of the land or any building. the competent authority in case of urgency do not follow the formalities while taking the possession of land.

  Procedure In Case Of Urgency.rtf (Size: 3.56 KB / Downloads: 334) ]]> https://vuhelp.net/Thread-1-Introduction-Land-acquisition-act-empowers-government-to-acquire-land-only-for Thu, 30 Aug 2012 07:43:38 -0400 vustudents]]> https://vuhelp.net/Thread-1-Introduction-Land-acquisition-act-empowers-government-to-acquire-land-only-for Q. What matters be ignored by the reference court is determining the compensation of land acquired under the land acquisition act. (2000)(2001)(2004)(2005)
1. Introduction:
Land acquisition act empowers government to acquire land only for public purpose or for companies. compensation is determined and paid to those private persons or bodies whose land is so acquired. different matters are kept in view while determining the value of the property which is acquired.
2. Relevant provisions:
Sec. 24 of land acquisition act.
3. Meaning of compensation:
Osborn's concise law dictionary:
A payment to make amends for loss or injury to person or property or as recompense for some deprivation.
4. Matters to be neglected in determining compensation:
Following matters shall not be taken into consideration in determining the compensation.
(i) Degree of urgency:
The degree of urgency which has led to the acquisition.
(ii) Disclination to part with land:
Any disclination of the person interested to the part with the land acquired.
(iii) Damage caused by private person:
Any damage sustained by him which if caused by a private person would not render such person liable to suit.
(iv) Damage likely to be caused:
Any damage which is likely to cause to the land acquired after the date of the publication of the declaration under Sec. 6, by or in consequence of the use to which it will be put.
(v) Increase in value:
Any increase in the value of the land acquired likely to accrue from the use to which it will be put when acquired.
(vi) Increase in value of any other land:
Any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put or.
(vii) Improvement without sanction:
Any outlay improvement on or disposed of the land acquired, commenced, made or effected without the sanction of the collector after the date of the publication of the notification under Sec. 4 Sub Sec (1)
Case law
1991 SCRM 572
If the market value has been increased in consequence of the being put to a use which is unlawful or contrary to the public policy that use shall to be the market value of the land if it were put to ordinary use.
5.Modes of payment of compensation:
Amount of compensation may be made through the following modes.
(i) Direct payment.
(ii) Order on a treasury.
(iii) Money order.
(iv) Cheque.
(v) Report in a treasury.
6. Conclusion:
To conclude I can say that while fixation of compensation court always keep in view such matter which are important for relief for the person whose land is acquired under land acquisition act but there are also some matters which are ignored by the court for determination of the compensation.

  Matters To Be Neglected By Court.rtf (Size: 3.34 KB / Downloads: 423) ]]> Q. What matters be ignored by the reference court is determining the compensation of land acquired under the land acquisition act. (2000)(2001)(2004)(2005)
1. Introduction:
Land acquisition act empowers government to acquire land only for public purpose or for companies. compensation is determined and paid to those private persons or bodies whose land is so acquired. different matters are kept in view while determining the value of the property which is acquired.
2. Relevant provisions:
Sec. 24 of land acquisition act.
3. Meaning of compensation:
Osborn's concise law dictionary:
A payment to make amends for loss or injury to person or property or as recompense for some deprivation.
4. Matters to be neglected in determining compensation:
Following matters shall not be taken into consideration in determining the compensation.
(i) Degree of urgency:
The degree of urgency which has led to the acquisition.
(ii) Disclination to part with land:
Any disclination of the person interested to the part with the land acquired.
(iii) Damage caused by private person:
Any damage sustained by him which if caused by a private person would not render such person liable to suit.
(iv) Damage likely to be caused:
Any damage which is likely to cause to the land acquired after the date of the publication of the declaration under Sec. 6, by or in consequence of the use to which it will be put.
(v) Increase in value:
Any increase in the value of the land acquired likely to accrue from the use to which it will be put when acquired.
(vi) Increase in value of any other land:
Any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put or.
(vii) Improvement without sanction:
Any outlay improvement on or disposed of the land acquired, commenced, made or effected without the sanction of the collector after the date of the publication of the notification under Sec. 4 Sub Sec (1)
Case law
1991 SCRM 572
If the market value has been increased in consequence of the being put to a use which is unlawful or contrary to the public policy that use shall to be the market value of the land if it were put to ordinary use.
5.Modes of payment of compensation:
Amount of compensation may be made through the following modes.
(i) Direct payment.
(ii) Order on a treasury.
(iii) Money order.
(iv) Cheque.
(v) Report in a treasury.
6. Conclusion:
To conclude I can say that while fixation of compensation court always keep in view such matter which are important for relief for the person whose land is acquired under land acquisition act but there are also some matters which are ignored by the court for determination of the compensation.

  Matters To Be Neglected By Court.rtf (Size: 3.34 KB / Downloads: 423) ]]>