000			09955nam a22001577a 4500
005			20230805150126.0
008			230805b |||||||| |||| 00| 0 eng d
082			_a346.046
100			_aPrakash, S B N
245			_aPractice and procedure of the public premises (Eviction of unauthorised occupants) act, 1971 / _cS B N Prakash
260			_aBangalore _bLawyer's Law book _c2022
300			_axxxvi, 463 p. _c22 cm
365			_bRs. 500.00
505			_aTABLE 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.
942			_2ddc _cBK
999			_c211982 _d211982