vustudents
09-10-2012, 04:32 AM
Q. Discuss the "law of appeal" as given in the West Pakistan land revenue act, 1967. (2003)
1. Introduction:
The law of appeal under land revenue act is very simple. a person who is party to the order appealed can file appeal. he should state whole of his of his case before appellate court.
2. Relevant provisions:
Sections 161 and 162 of land revenue act 1967.
3. Meaning:
Osborn's concise law dictionary:
Any proceeding taken to rectify an an erroneous decision of a court by bringing it before a high court.
4. Definition of appeal:
Case law PLJ 1985, 164
It is removal of cause from an inferior court to a superior one for purpose of testing the soundness of the decision of the inferior court.
5. Basis:
Law of appeal is based on the following maxim.
"Interest republican Sir Finis Litium".
Is the duty of the state and its functionaries to ensure redress of grievances and minimization of litigation.
6. Appeals:
According to Sec. 161
(i) Save as otherwise provided by this act, an appeal shall lie from an original or appellate order of a revenue officer as follows namely.
(a) To the collector, when the order is made by an assistant of either grade.
(b) To the commissioner, when the order is made by a collector.
(c) To the board of revenue only on a point of law, when the order is made by a commissioner.
Provided that
(i) When an original order is conformed of first appeal, a further appeal shall not lie.
(ii) When any such order is modified or reversed on appeal by the collector, the order made by the executive district officer revenue, on further appeal, if any to him shall be final.
(i) Case law
PLD 1950 Pb. (Rev) 1090
It was held that it is the duty of the party to state the whole of his case as the new matters can hardly be introduced in appellate court.
7. Limitation for appeal:
According to Sec. 162 of the land revenue act the period of limitation for an appeal under Sec. 161 shall run from the date of the order appealed against and shall be.
(i) Thirty days, where the appeal lies to the collector.
(ii) Sixty days, where the appeal lies to the commissioner.
(iii) Ninety day where the appeal lies to the board of revenue.
PLD 1950 Rev. 560
Limitation starts from the day on which the order appealed against was pronounced and not from the date on which the appellant came to know of it even through it was pronounced in his absence.
8. Application of limitation act:
Limitation act is applicable to the matters regarding appeal under land revenue act 1967 and delay can be condoned under Sec. 5 of the limitation act.
9. Delay in filing appeal:
Court is duty bound to take cognizance of delay even if limitation is not set up as a defence by any party. in the absence of any satisfactory explanation for delay in filing appeal, court is not justified to condone the delay.
10. Conclusion:
To conclude I can say that appeal is continuation of the original proceeding. the original orders passes by assistant collector are appealable to the collector and so on. the limitation act is applicable to the limitation prescribed in the Sec. 162 of the land revenue act 1967.
1. Introduction:
The law of appeal under land revenue act is very simple. a person who is party to the order appealed can file appeal. he should state whole of his of his case before appellate court.
2. Relevant provisions:
Sections 161 and 162 of land revenue act 1967.
3. Meaning:
Osborn's concise law dictionary:
Any proceeding taken to rectify an an erroneous decision of a court by bringing it before a high court.
4. Definition of appeal:
Case law PLJ 1985, 164
It is removal of cause from an inferior court to a superior one for purpose of testing the soundness of the decision of the inferior court.
5. Basis:
Law of appeal is based on the following maxim.
"Interest republican Sir Finis Litium".
Is the duty of the state and its functionaries to ensure redress of grievances and minimization of litigation.
6. Appeals:
According to Sec. 161
(i) Save as otherwise provided by this act, an appeal shall lie from an original or appellate order of a revenue officer as follows namely.
(a) To the collector, when the order is made by an assistant of either grade.
(b) To the commissioner, when the order is made by a collector.
(c) To the board of revenue only on a point of law, when the order is made by a commissioner.
Provided that
(i) When an original order is conformed of first appeal, a further appeal shall not lie.
(ii) When any such order is modified or reversed on appeal by the collector, the order made by the executive district officer revenue, on further appeal, if any to him shall be final.
(i) Case law
PLD 1950 Pb. (Rev) 1090
It was held that it is the duty of the party to state the whole of his case as the new matters can hardly be introduced in appellate court.
7. Limitation for appeal:
According to Sec. 162 of the land revenue act the period of limitation for an appeal under Sec. 161 shall run from the date of the order appealed against and shall be.
(i) Thirty days, where the appeal lies to the collector.
(ii) Sixty days, where the appeal lies to the commissioner.
(iii) Ninety day where the appeal lies to the board of revenue.
PLD 1950 Rev. 560
Limitation starts from the day on which the order appealed against was pronounced and not from the date on which the appellant came to know of it even through it was pronounced in his absence.
8. Application of limitation act:
Limitation act is applicable to the matters regarding appeal under land revenue act 1967 and delay can be condoned under Sec. 5 of the limitation act.
9. Delay in filing appeal:
Court is duty bound to take cognizance of delay even if limitation is not set up as a defence by any party. in the absence of any satisfactory explanation for delay in filing appeal, court is not justified to condone the delay.
10. Conclusion:
To conclude I can say that appeal is continuation of the original proceeding. the original orders passes by assistant collector are appealable to the collector and so on. the limitation act is applicable to the limitation prescribed in the Sec. 162 of the land revenue act 1967.