Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction order passed against petitioner by Commissioner holding that petitioner had encroached upon panchayat land by placing mud - Petitioner threatened with demolition of his house in execution of eviction order - Held, eviction order as passed by Commissioner never contemplated demolition of house of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment of Panchayat land - Eviction order passed - Threat of demolition of house in the garb of execution of orders - Civil Court granted injunction - Once a Court grants injunction and if any other competent authority has granted any right to the contrary, the same has to be kept in abeyance and cannot..........
Punjab Municipal Act, 1911, Section 192 -- Acquisition under town planning scheme - Land required in excess of the limit - Determination of compensation - Committee formed to consider matter who decided compensation @ Rs.2800/- per square yard - Local Govt. Department sanctioning award of compensation @ Rs.1,000/- per sq. yard - Held, compensation based on consensus should..........
Punjab State Election Commission Act, 1994, Section 76, Limitation Act, 1963, Section 5 -- Condonation of delay in filing Election Petition - Election petition to be filed within 45 days to challenge election of a returned candidate - This period cannot be extended with aid of S.5 of the Limitation Act - Election petition is to be treated as a suit - There is no provision..........
Punjab State Electricity Board Employees (Revised pay scales) Regulation, 1988 (as adopted by BBMB) -- Time bound promotional/devised promotional scale on completion of 9 years and 16 years of service - Stepping up of pay - Claim for - By 'B' on the ground that 'S' the junior drawing more pay - 'B' was initially appointed as a Chargeman Miscellaneous on 22.7.1974 and was..........
Punjab Agricultural Produce Markets Act, 1961, Section 34(4)(ii), Punjab Agricultural Produce Markets General Rules, 1962, Rule 24(5) -- Auctioneers engaged by Market Committee on commission basis - Marketing Board fixing the age of retirement of auctioneers as 60 years at par with Govt. employees - Contention of auctioneers that they were not employees of the Board of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Not paid even when provisional rent was fixed and not so paid even on adjourned dates - Reason stated that when he went to Court he was told that Presiding Officer has left for some urgent work - - When he again went at 2 PM he was told that ejectment order was already passed - Order upheld..........
Stamp Act, 1899, Section 47A -- Sale instrument - Determination of market value - Circle rate or Collector's rate as determined in State of Punjab in a manner as laid under Rule 3-A shall form basis for determination of market value - Such rates shall normally be one as exists on the date of execution of sale deed and not on the date of agreement or date of allotment...........
Punjab State Election Commission Act, 1994, Section 81, Civil Procedure Code, 1908, Order 5, Rule 17 -- Election of Sarpanch - Minority group elected Sarpanch on the basis of report of refusal of summons - Held, Civil Procedure Code provides procedure in case of refusal of service - Since procedure not adopted, order of election of Sarpanch set aside...........
Punjab Custom, (Power, Contest) Amendment Act, 1973 -- Suit filed for possession on the basis of declaratory decree based on custom - Held, amendment of 1973 retrospectively takes away right to enforce right under the customary law for recovery in possession - Suit, thus ordered to be dismissed...........
