Library Catalogue
Practice and procedure of the public premises (Eviction of unauthorised occupants) act, 1971 /
Prakash, S B N
Practice and procedure of the public premises (Eviction of unauthorised occupants) act, 1971 / S B N Prakash - Bangalore Lawyer's Law book 2022 - xxxvi, 463 p. 22 cm
TABLE OF CONTENTS:
PART 1:
Prologue;
Object and reasons;
March of the legislation.;
Rules of interpretation:
INTERNAL AIDS:
Non-obstante clause;
Principles of Ejusdem Genaris;
Rule of Noscitur a socils:
Mischief rule (Heydon's Rule);
The golden rule: No hypothetical considerations;
Rule of harmonious construction:
EXTERNAL AIDS:
Parliamentary History and historical facts;
Reference to Other Statutes;
Dictionaries.;
Judicial Decisions and precedents;
Civil law and common law countries;
Article 141 of Constitution of India;
Stare decisis and its application in India;
Obiter dictum and its application in India.;
Ratio decidendi;
What is binding is ratio decidende and not final order.;
Per incurium;
Words and Phrases;
Estate Officer:
Fact53;
Evidence; what it means..;
Document:
Public Document ..;
Certified Copy.;
Mode of proof of a Public Document
Legal document- construction thereof
Electronic Record..
Proof and admissibility;
Prescribed;
Premises;
Land;
Rent;
Lease;
Licence..;
Leave and licence ..;
Licence fee;
Possession and Occupation;
Trespass and trespasser;
Settled Possession ...;
Adverse possession;
Animus Possidendi..;
Authorised Occupant;
Temporary Occupation.;
Unauthorised occupation;
Unauthorised Occupant;
Unauthorised constructions;
Reasonable Opportunity;
Tenant Holding Over and Tenant at sufferance;
Sale of Immovable Property;
Part performance;
Contract for Transfer of immovable property;
Written contract;
Valid Contract;
Immovable property;
Transfer for consideration;
Possession in furtherance of Contract.;
Some Act in furtherance of the contract;
Transferee is willing to perform his part of Contract:
Statutory Authority;
Cognizable and non-cognizable offences;
Difference between Cognizable and non-cognizable offence;
Bailable and non-bailable offences.;
Legal heir and legal representative;
Measne Profit.;
Compensation;
Damages;
Presumption;
May presume, shall presume and conclusive proof;
Issues;
Decree.;
Injunction;
Injunction and stay Order;
Res judicata;
Arrears of land revenue and dues recoverable as arrears of land revenue;
Miscellaneous;
Preamble and its importance in legislation;
Act and Rules:
The term 'agent" whether would include a power of attorney holder;
Power of attorney and evidence;
Principles of assessment of damages;
PART I:
Title, extent and commencement;
Short title;
Extent.;
Legislative Competency;
Commencement of the Act;
Definitions section 2;
Estate officer ;
Prescribed ;
Public premises ;
Rent;
Residential accommodation;
Statutory authority;
Temporary occupation;
Unauthorised occupation;
Estate Officer;
Estate Officer;
Official Notification.;
Gazette publication;
Whether an Estate Officer is a Judge in his own cause;
Appointment of Estate Officers.;
Appoint;
Who could be an Estate Officer.;
Qualification or requisite requirement;
Statutory Authority;
In respect of Loksabha and RajyaSabha.;
In respect of institution other than;
Loksabha and RajyaSabha;
Equivalent Rank,;
Impact of Proviso (1) and (2) ;
Estate Officer vis-à-vis Public Premises.;
Estate Officer Proceedings and Arbitration-scope;
Powers of Estate Officer.;
Estate Officer is a creature under Statute;
Eviction from Residential premises.;
The Estate Officer is to discharge judicial function;
Power to remove unauthorised constructions, etc.;
Power to seal unauthorised constructions;
Damages in respect of Public Premises;
Bias;
Special power relating eviction;
occupation and eviction;
Legislative changes;
Notwithstanding anything;
Temporary occupation;
Inquiry by the Estate Officer;
How order must be;
Noncompliance with the direction;
Appeal:
Residential accommodation in certain special circumstances and eviction there from.;
Legislative changes;
Notwithstanding anything.;
Residential accommodation ;
Constitutional validity;
Why section 3-B;
Appeal;
General power of eviction and incidental matters.;
Procedure relating eviction;
Difference between Opinion and Information;
The information should be revealed;
Sub-section 1, 1-A and 1-B of section 4;
Sub-section 2 and 3 of section 4;
Eviction proceedings - nature.;
Form;
Section 4 and 5;
Section 4 and combined proceedings;
Eviction of unauthorised occupants;
Eviction of unauthorised Occupant;
Legislative changes;
Requirements to be followed by the Authority;
Sub-section 1of Section 5;
Time Limit to pass an order.;
Sub-section 2 of Section 5;
Burden of Proof;
Summary and speedy procedure;
Principles of Natural justice;
Appeal.;
Limitation.;
Forms;
Inquiry under Section 5;
Matters relating to unauthorised constructions;
Section 6;
Removal;
Legislative changes;
Scope;
Sub-section 1 of section 5-A ..;
Sub-section 2 of section 5-A.;
Sub-section 3 of section 5-A;
Practice & Procedure of Public Premises (E. U. 0) Act;
Forms;
Cost Incurred for Removal:
Recover as arrears of Land Revenue:
Section 5A and section 6;
Appeal.;
Procedure regarding proceedings:
under section 5 and 5A;
Demolition section 5B;
Legislative change.;
Scope of section 5B and section 5 A;
Scope of section 5B (1) to 5B (2 to 5);
Form;
Appeal;
Review;
Judicial review;
Sealing and procedure there to section 5 C;
Legislative changes;
Power to seal;
Object of sealing;
Procedure of sealing;
Removal of seal or withdrawal;
Obedience to the order of sealing;
Appeals;
Disposal of property found to have been left on Public Premises section 6.;
Legislative changes;
Sub-section 1 of section 6.;
Table of Cases;
Sub-section 1A of section 6;
Sub-section 1B of section 6;
Sub-section 2 of section 6.;
Sub-section 2A of section 6;
Reference to civil court;
Estate Officer's power vis-à-vis third party property;
Section 6 and Major Ports Acts.;
Appeal.;
Rent and damages section 7;
Legislative changes;
Determination of arrears of Rent: section 7;
Determination of damages and limitation:
Power of the Estate Officer to levy interest;
Recovery of Rent or Damages from Pension Payable;
Sub-section 3A of section 7;
Data to collected before inspection;
Data to collected during inspection;
Points to be noted in a structure;
Purpose and final results in report;
Contents and format of the report;
Assessment of damages;
Powers of Estate Officers section 8;
Legislative scope and Power of Estate Officer;
Summoning of witness and pc;
Enforcement of attendance of person and pc;
Issue of warrant of arrest:
Issue of Proclamation and attachment;
Examining a person as witness on oath and cc;
What is Discovery;
Appeals section 9;
General aspects.;
Legislative changes;
Procedure in appeals;
Right to begin;
Appeal dismissed for default and readmission;
Power of appellate court to remand;
Power to receive additional Evidence;
Judgment by appellate court;
Appellate authority not a persona designate but a pre-existing judicial authority;
Order passed under section 5A and 6 vis-à-vis appeal;
Applicability of LImitation Act;
Publication of order;
Finality of orders Section 10;
Scope;
Criminal action;
Offences and penalty section 11;
Scope.;
Meaning of Occupies:
Classification of punishment under section 11;
Triable by Magistrate of first class;
Whether an Estate Officer can exercise power of Magistrate;
Offences are cognizable in nature tenant holding over or tenant at sufferance;
Who can lodge a complaint;
Compoundability;
Details of persons in occupation;
Power to obtain information section 12;
Meaning of reason to believe;
Meaning of persons in occupation;
The Estate Officer or any other officer autho-rised by him;
Duty of such person;
Form of Notice;
Action against legal representatives;
Liability of heirs and legal representatives section 13;
Legislative changes;
Meaning of legal representative and legal heir;
Claim regarding possession;
Claim regarding demolition expenses;
Limitation to bring the legal representatives on record;
Dies after adjudication and recovery;
Recovery of rent, section 14.;
Power and jurisdiction of civil courts;
Bar of jurisdiction section 15 ;
Entertain.;
Protection of action taken in good faith section 16. 351;
Delegation of powers section 17;
Power to make rules section 18.;
Repeal and savings section 19 and 20;
The Public Premises (Eviction of Unauthorised occupants) Rules, 1971;
Practice & Procedure of Public Premises (E. U. 0) Act;
PART III:
Legislative Morphology of Karnataka Public Premises;
(Eviction of Unauthorised Occupants);
Act 1974.;
Short title, extent and commencement;
Definitions;
Appointment of competent officers sec 3;
Issue of notice to show cause against order of eviction section 4;
Eviction of unauthorised occupants section 5;
Disposal of property left on public premises by unauthorised occupants Section 6;
Power to recover rent or damages in respect;
of public premises as arrears of land revenue section 7. ;
Rent to be recovered by deduction from salary or wages of employee section 8;
Powers of competent officers section 9;
Appeals section 10;
Finality of orders section 11;
Offences and penalty section 12;
Power to obtain information section 13;
Liability of heirs and legal representatives;
section 14;
Recovery of rent, etc. as an arrear of land revenue section 15.;
Bar of jurisdiction section 16;
Protection of action taken in good faith section 17;
Power to make rules section 18.
346.046
Practice and procedure of the public premises (Eviction of unauthorised occupants) act, 1971 / S B N Prakash - Bangalore Lawyer's Law book 2022 - xxxvi, 463 p. 22 cm
TABLE OF CONTENTS:
PART 1:
Prologue;
Object and reasons;
March of the legislation.;
Rules of interpretation:
INTERNAL AIDS:
Non-obstante clause;
Principles of Ejusdem Genaris;
Rule of Noscitur a socils:
Mischief rule (Heydon's Rule);
The golden rule: No hypothetical considerations;
Rule of harmonious construction:
EXTERNAL AIDS:
Parliamentary History and historical facts;
Reference to Other Statutes;
Dictionaries.;
Judicial Decisions and precedents;
Civil law and common law countries;
Article 141 of Constitution of India;
Stare decisis and its application in India;
Obiter dictum and its application in India.;
Ratio decidendi;
What is binding is ratio decidende and not final order.;
Per incurium;
Words and Phrases;
Estate Officer:
Fact53;
Evidence; what it means..;
Document:
Public Document ..;
Certified Copy.;
Mode of proof of a Public Document
Legal document- construction thereof
Electronic Record..
Proof and admissibility;
Prescribed;
Premises;
Land;
Rent;
Lease;
Licence..;
Leave and licence ..;
Licence fee;
Possession and Occupation;
Trespass and trespasser;
Settled Possession ...;
Adverse possession;
Animus Possidendi..;
Authorised Occupant;
Temporary Occupation.;
Unauthorised occupation;
Unauthorised Occupant;
Unauthorised constructions;
Reasonable Opportunity;
Tenant Holding Over and Tenant at sufferance;
Sale of Immovable Property;
Part performance;
Contract for Transfer of immovable property;
Written contract;
Valid Contract;
Immovable property;
Transfer for consideration;
Possession in furtherance of Contract.;
Some Act in furtherance of the contract;
Transferee is willing to perform his part of Contract:
Statutory Authority;
Cognizable and non-cognizable offences;
Difference between Cognizable and non-cognizable offence;
Bailable and non-bailable offences.;
Legal heir and legal representative;
Measne Profit.;
Compensation;
Damages;
Presumption;
May presume, shall presume and conclusive proof;
Issues;
Decree.;
Injunction;
Injunction and stay Order;
Res judicata;
Arrears of land revenue and dues recoverable as arrears of land revenue;
Miscellaneous;
Preamble and its importance in legislation;
Act and Rules:
The term 'agent" whether would include a power of attorney holder;
Power of attorney and evidence;
Principles of assessment of damages;
PART I:
Title, extent and commencement;
Short title;
Extent.;
Legislative Competency;
Commencement of the Act;
Definitions section 2;
Estate officer ;
Prescribed ;
Public premises ;
Rent;
Residential accommodation;
Statutory authority;
Temporary occupation;
Unauthorised occupation;
Estate Officer;
Estate Officer;
Official Notification.;
Gazette publication;
Whether an Estate Officer is a Judge in his own cause;
Appointment of Estate Officers.;
Appoint;
Who could be an Estate Officer.;
Qualification or requisite requirement;
Statutory Authority;
In respect of Loksabha and RajyaSabha.;
In respect of institution other than;
Loksabha and RajyaSabha;
Equivalent Rank,;
Impact of Proviso (1) and (2) ;
Estate Officer vis-à-vis Public Premises.;
Estate Officer Proceedings and Arbitration-scope;
Powers of Estate Officer.;
Estate Officer is a creature under Statute;
Eviction from Residential premises.;
The Estate Officer is to discharge judicial function;
Power to remove unauthorised constructions, etc.;
Power to seal unauthorised constructions;
Damages in respect of Public Premises;
Bias;
Special power relating eviction;
occupation and eviction;
Legislative changes;
Notwithstanding anything;
Temporary occupation;
Inquiry by the Estate Officer;
How order must be;
Noncompliance with the direction;
Appeal:
Residential accommodation in certain special circumstances and eviction there from.;
Legislative changes;
Notwithstanding anything.;
Residential accommodation ;
Constitutional validity;
Why section 3-B;
Appeal;
General power of eviction and incidental matters.;
Procedure relating eviction;
Difference between Opinion and Information;
The information should be revealed;
Sub-section 1, 1-A and 1-B of section 4;
Sub-section 2 and 3 of section 4;
Eviction proceedings - nature.;
Form;
Section 4 and 5;
Section 4 and combined proceedings;
Eviction of unauthorised occupants;
Eviction of unauthorised Occupant;
Legislative changes;
Requirements to be followed by the Authority;
Sub-section 1of Section 5;
Time Limit to pass an order.;
Sub-section 2 of Section 5;
Burden of Proof;
Summary and speedy procedure;
Principles of Natural justice;
Appeal.;
Limitation.;
Forms;
Inquiry under Section 5;
Matters relating to unauthorised constructions;
Section 6;
Removal;
Legislative changes;
Scope;
Sub-section 1 of section 5-A ..;
Sub-section 2 of section 5-A.;
Sub-section 3 of section 5-A;
Practice & Procedure of Public Premises (E. U. 0) Act;
Forms;
Cost Incurred for Removal:
Recover as arrears of Land Revenue:
Section 5A and section 6;
Appeal.;
Procedure regarding proceedings:
under section 5 and 5A;
Demolition section 5B;
Legislative change.;
Scope of section 5B and section 5 A;
Scope of section 5B (1) to 5B (2 to 5);
Form;
Appeal;
Review;
Judicial review;
Sealing and procedure there to section 5 C;
Legislative changes;
Power to seal;
Object of sealing;
Procedure of sealing;
Removal of seal or withdrawal;
Obedience to the order of sealing;
Appeals;
Disposal of property found to have been left on Public Premises section 6.;
Legislative changes;
Sub-section 1 of section 6.;
Table of Cases;
Sub-section 1A of section 6;
Sub-section 1B of section 6;
Sub-section 2 of section 6.;
Sub-section 2A of section 6;
Reference to civil court;
Estate Officer's power vis-à-vis third party property;
Section 6 and Major Ports Acts.;
Appeal.;
Rent and damages section 7;
Legislative changes;
Determination of arrears of Rent: section 7;
Determination of damages and limitation:
Power of the Estate Officer to levy interest;
Recovery of Rent or Damages from Pension Payable;
Sub-section 3A of section 7;
Data to collected before inspection;
Data to collected during inspection;
Points to be noted in a structure;
Purpose and final results in report;
Contents and format of the report;
Assessment of damages;
Powers of Estate Officers section 8;
Legislative scope and Power of Estate Officer;
Summoning of witness and pc;
Enforcement of attendance of person and pc;
Issue of warrant of arrest:
Issue of Proclamation and attachment;
Examining a person as witness on oath and cc;
What is Discovery;
Appeals section 9;
General aspects.;
Legislative changes;
Procedure in appeals;
Right to begin;
Appeal dismissed for default and readmission;
Power of appellate court to remand;
Power to receive additional Evidence;
Judgment by appellate court;
Appellate authority not a persona designate but a pre-existing judicial authority;
Order passed under section 5A and 6 vis-à-vis appeal;
Applicability of LImitation Act;
Publication of order;
Finality of orders Section 10;
Scope;
Criminal action;
Offences and penalty section 11;
Scope.;
Meaning of Occupies:
Classification of punishment under section 11;
Triable by Magistrate of first class;
Whether an Estate Officer can exercise power of Magistrate;
Offences are cognizable in nature tenant holding over or tenant at sufferance;
Who can lodge a complaint;
Compoundability;
Details of persons in occupation;
Power to obtain information section 12;
Meaning of reason to believe;
Meaning of persons in occupation;
The Estate Officer or any other officer autho-rised by him;
Duty of such person;
Form of Notice;
Action against legal representatives;
Liability of heirs and legal representatives section 13;
Legislative changes;
Meaning of legal representative and legal heir;
Claim regarding possession;
Claim regarding demolition expenses;
Limitation to bring the legal representatives on record;
Dies after adjudication and recovery;
Recovery of rent, section 14.;
Power and jurisdiction of civil courts;
Bar of jurisdiction section 15 ;
Entertain.;
Protection of action taken in good faith section 16. 351;
Delegation of powers section 17;
Power to make rules section 18.;
Repeal and savings section 19 and 20;
The Public Premises (Eviction of Unauthorised occupants) Rules, 1971;
Practice & Procedure of Public Premises (E. U. 0) Act;
PART III:
Legislative Morphology of Karnataka Public Premises;
(Eviction of Unauthorised Occupants);
Act 1974.;
Short title, extent and commencement;
Definitions;
Appointment of competent officers sec 3;
Issue of notice to show cause against order of eviction section 4;
Eviction of unauthorised occupants section 5;
Disposal of property left on public premises by unauthorised occupants Section 6;
Power to recover rent or damages in respect;
of public premises as arrears of land revenue section 7. ;
Rent to be recovered by deduction from salary or wages of employee section 8;
Powers of competent officers section 9;
Appeals section 10;
Finality of orders section 11;
Offences and penalty section 12;
Power to obtain information section 13;
Liability of heirs and legal representatives;
section 14;
Recovery of rent, etc. as an arrear of land revenue section 15.;
Bar of jurisdiction section 16;
Protection of action taken in good faith section 17;
Power to make rules section 18.
346.046