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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

East Punjab Utilisation of Lands Act, 1949, Section 2(h), 3, 7, 8, 9, 10, 11 - - Possession of land taken over by Collector under Section 3 - Collector leased out the land - No relationship of landlord and tenant between Collector and lessee of land - Provisions of Punjab Tenancy Act - Inapplicable to 'tenant' as defined in Section 2(h) of the Act - Punjab Tenancy Act (lb..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

East Punjab Utilisation of Lands Act, 1949, Section 3, 7, 8, 9, 10, 11 - - Sale or any other alienation made by owner during the period land is to remain in possession of Collector - Not void - Right to possession remains suspended during the period - Vendee has no right to actual possession during the period Collector to retain possession of land under the Act - Vendee..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Transfer of Property Act, 1882, Section 3 -- Actionable claim - Essential ingredients : (i) claimant entitled to knock the door of Court, and (ii) Court should recognise claim for granting relief - Decree - Not actionable claim.
Core of the definition of "actionable claim" is that a claimant should be entitled to knock at the door of a Court and the Court should..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3 -- Widow inherited occupancy rights - Acquisition of proprietary rights by widow under Section 3 - Widow becomes full owner - Property becomes self-acquired - Widow has absolute authority to alienate in any manner - Death of widow - Property not to revert to heirs of widow's husband - To be in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 13, 2(c), 2(i), 3, 4, 5 -- Word "fragment" in Section 13 - Not yet specified - "Standard area" to which bar in Section 13 is to apply - Does not come into existence,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Registration of Money Lenders Act, 1938, Section 2(9), 3 -- Person dealing in money-lending - Has to obtain a licence - 150 entries proved on record for advancing loans - Failure to obtain money-lending licence - Suit for recovery of money - Not competent...........

SUPREME COURT OF INDIA

Year of decision: 1975
Details

Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3, 9 -- Suit by occupancy tenants having become owners of land for recovery of possession of land alleging forcible dispossession by defendants - Defendants claiming to be tenants and Civil Court having no jurisdiction - 'Later in amended written statement claiming to have become occupancy tenants..........

SUPREME COURT OF INDIA

Year of decision: 1975
Details

, Rule and, , Rule 3 - - Not mandatory - Essence of Rule 3 - Copies of all three documents shall be produced - Not that three copies shall be furnished - Failure to furnish three copies of paper-book alongwith memorandum of Letters Patent Appeal - Irregularity - Court should grant time for compliance - Letters Patent (Punjab), Clause 10.
What is the essence of Rule 3..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1975
Details

Punjab Land Revenue Act, 1887, Section 3(8) -- before amendment by Punjab Land Revenue (Amendment) Act (4 of 1974) and Sections 61, 67, 71, 72, 73, 75, 77 and 97 - Amount due from landowner as arrears of land revenue - No personal liability of Lambardar to pay that amount - Lambardar cannot be treated as defaulter for such amount - No recovery can be made from the property..........

ORISSA HIGH COURT

Year of decision: 1975
Details

Evidence Act, 1872, Section 3 -- Family members of deceased - Not incompetent witnesses...........

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