DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0826
816
REGULATION III.
[A.D. 1828.
perior courts, as here-
tofore.
Appeals from deci-
sions of Boards of
Revenue to be kept on
a distinct file or regis-
ter, and Civil Courts
to appropriate one day
Further provisions
for securing to the reve-
nue authorities infor-
mation of the transfers
of land held free of
shall be forthwith dispossessed, and such arrangements shall be made for
the collection of the Government revenue, as the collector, under the
orders of the Board, may see ht to adopt: but in the event of a final deci-
sion being passed, exempting the tenure of any such person from assess-
ment, the net collections made on account of Government shall be
refunded, with interest thereon at the rate of six per cent, per annum.
7A2W. All suits which may be instituted in the established Courts of
Justice, under the provisions of Sections XXII. and XXIV. Regula-
tion II. 1819, and Section V. Regulation IX. 1825, to contest decisions
of the Boards of Revenue, shall, when the jurisdiction of the above courts is
not barred by the operation of this Regulation, be heard and determined
in the same manner as regular appeals, and no further pleadings shall be
required or received in such cases than the objections of the appellant to
the decision of the Board, and the reply to those objections on the part of
the revenue authorities; the said courts shall likewise, on the admission
of an appeal, invariably call for the original record of the Board's pro-
ceedings in each case, and shall then require the parties to hie their
pleadings as above provided ; but it shall not be competent to the courts
to take further evidence, oral or documentary, unless it shall appear that
such evidence was tendered by the party adducing it to the collector or
the Board, and was then rejected on insuhicient grounds, or that such
evidence is essential to the ascertainment of some tact material to the issue,
which may not have been fully inquired into in the course of the previous
investigation.
Provided however, and it is hereby enacted, that nothing con-
tained in the preceding clause shall be construed to bar the admission of a
further appeal on the part of the revenue authorities to ^
GbmVy, ur the Court of Sudder Dewanny Adawlut, from decisions passed in
the first instance in the Zillali w ^ Wor'zzzcM^ CoaoVy in cases
of the nature described, and specially provided for in Section VI. Regu-
lation XIV. 1825, nor the admission by those tribunals of the special
appeal on the application of the party opposed to Government, under the
rules in Section XXVI. Regulation IL 1819.
AY/M. Appeals filed in the established Courts of Civil Judicature to
contest decisions of the Board of Revenue, shall be kept on a file or register
distinct from that on wdiich other suits before those courts are entered;
and the Civil Courts are hereby required to appropriate the first day in
each week to the trial and decision of such appeals, and to prevent any
unnecessary delay on the part of the appellants in prosecuting their appeals
by a strict enforcement of the rules prescribed in Section XII. Regula-
tion XXVI. 1814.
XI. There being reason to believe that the rules in Section III.
Regulation LVIII. 1795, and Section XL. Regulation XXXI. 1803,
whereby the judges of the Zillah and City Courts were directed to furnish the
collectors of the districts in which the land maybe situated, and the Board
of Revenue, with copies of every decree passed by them in suits between
individuals, or sent to them by the Superior Courts to enforce, by which the
right in, or possession of, any lands held exempt from the payment of public
revenue, may be affected, has not generally been observed by those courts;
Section IX. Regulation VIII. 1811, and Section IX. Regulation V. 1813,
REGULATION III.
[A.D. 1828.
perior courts, as here-
tofore.
Appeals from deci-
sions of Boards of
Revenue to be kept on
a distinct file or regis-
ter, and Civil Courts
to appropriate one day
Further provisions
for securing to the reve-
nue authorities infor-
mation of the transfers
of land held free of
shall be forthwith dispossessed, and such arrangements shall be made for
the collection of the Government revenue, as the collector, under the
orders of the Board, may see ht to adopt: but in the event of a final deci-
sion being passed, exempting the tenure of any such person from assess-
ment, the net collections made on account of Government shall be
refunded, with interest thereon at the rate of six per cent, per annum.
7A2W. All suits which may be instituted in the established Courts of
Justice, under the provisions of Sections XXII. and XXIV. Regula-
tion II. 1819, and Section V. Regulation IX. 1825, to contest decisions
of the Boards of Revenue, shall, when the jurisdiction of the above courts is
not barred by the operation of this Regulation, be heard and determined
in the same manner as regular appeals, and no further pleadings shall be
required or received in such cases than the objections of the appellant to
the decision of the Board, and the reply to those objections on the part of
the revenue authorities; the said courts shall likewise, on the admission
of an appeal, invariably call for the original record of the Board's pro-
ceedings in each case, and shall then require the parties to hie their
pleadings as above provided ; but it shall not be competent to the courts
to take further evidence, oral or documentary, unless it shall appear that
such evidence was tendered by the party adducing it to the collector or
the Board, and was then rejected on insuhicient grounds, or that such
evidence is essential to the ascertainment of some tact material to the issue,
which may not have been fully inquired into in the course of the previous
investigation.
Provided however, and it is hereby enacted, that nothing con-
tained in the preceding clause shall be construed to bar the admission of a
further appeal on the part of the revenue authorities to ^
GbmVy, ur the Court of Sudder Dewanny Adawlut, from decisions passed in
the first instance in the Zillali w ^ Wor'zzzcM^ CoaoVy in cases
of the nature described, and specially provided for in Section VI. Regu-
lation XIV. 1825, nor the admission by those tribunals of the special
appeal on the application of the party opposed to Government, under the
rules in Section XXVI. Regulation IL 1819.
AY/M. Appeals filed in the established Courts of Civil Judicature to
contest decisions of the Board of Revenue, shall be kept on a file or register
distinct from that on wdiich other suits before those courts are entered;
and the Civil Courts are hereby required to appropriate the first day in
each week to the trial and decision of such appeals, and to prevent any
unnecessary delay on the part of the appellants in prosecuting their appeals
by a strict enforcement of the rules prescribed in Section XII. Regula-
tion XXVI. 1814.
XI. There being reason to believe that the rules in Section III.
Regulation LVIII. 1795, and Section XL. Regulation XXXI. 1803,
whereby the judges of the Zillah and City Courts were directed to furnish the
collectors of the districts in which the land maybe situated, and the Board
of Revenue, with copies of every decree passed by them in suits between
individuals, or sent to them by the Superior Courts to enforce, by which the
right in, or possession of, any lands held exempt from the payment of public
revenue, may be affected, has not generally been observed by those courts;
Section IX. Regulation VIII. 1811, and Section IX. Regulation V. 1813,