Punjab Pre-emption Act, 1913 -- Pre-emption - Decree passed on 17.12.1993 and decreetal amount deposited on 24.1.1994 whereas partition order was passed on 30.3.1994 - On deposit of purchase money in Court by the claimant the right and title to the property vest in the pre-emptor and it becomes vested right of the pre-emptor - Right of pre-emption prior to the decree may..........
P M E T, 2009 -- Clauses 7 4, 7 7 and 6 2 - Admission - Medical courses - Prospectus - Petitioner with better merit denied admission on 3.9.2009 on total misinterpretation, misconstruction and misconception of Clause 7.7 of the Prospectus which otherwise certifies the eligibility of candidates who passed their 10+2 examination from the institutions outside the State of..........
Constitution of India, 1950, Article 14, 226 -- Regularization - Work charged employee - Pensionary benefit - Petitioner rendered 25 years of service as work charged driver but not regularized despite policy instructions of Punjab Government on the ground that he had retired w.e.f. 31.3.2009 - The petitioner was deprived of regularization of his services for not even..........
Punjab State Election Commission Act, 1994, Section 76, 80 -- Election petition - Limitation - Election petition has to be filed within prescribed period of limitation - If filed beyond limitation it has to be dismissed by Election Tribunal in face of S.80 of the Act under which limitation cannot be extended under any circumstance - It has to be presented by a candidate..........
Punjab Tenancy Act, 1887, Section 5(2) -- Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 - Predecessors of plaintiff, and after them, plaintiff in possession of suit land since 1954-55 as gair maroosi on payment of Rs.72/- as lease money for one year - Amount of Rs.72/- as lease money admittedly in excess of land revenue and rates and cess of the suit..........
Service -- Date of birth - Correction - An employee can seek correction of age within two years from the date of entry into service - However, the competent authority can make correction at any time if it is found that the age recorded in the service book is incorrect and has been so recorded with view to enable the concerned employee to continue in service beyond the age..........
Punjab Town Improvement Trust Act, 1922, Section 30, 24, 28(2) -- Land acquisition - Landowners sought enhancement amount of compensation of the acquired land - Landowners relied on post notification sale deeds to determine the market value of acquired land - Held, though even post notification instances could be taken into account if they are very proximate, genuine and..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13B -- Ejectment petition by NRI landlord on ground of personal necessity - Earlier also landlord filed eviction petition on ground of personal necessity - That petition came to be negatived - Landlord petitioner acquired title long after the same had been rented out to the respondent-tenant - Controversy about the..........
Punjab State Election Commission Act, 1994, Section 76, 89, Civil Procedure Code, 1908, Order 5, Rule 17 -- Election to the post of Sarpanch - Notice sent to Panches by Presiding Officer - Two members refused to accept notice and thus assumed to be served - Meeting held and respondent elected Sarpanch - Held, refusal does not amount to service of notice - O.5.R.17 CPC..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Plaintiff filed suit to pre-empt sale made by his brother in favour of defendant by claiming himself to be related to vendor and being co-sharer - Suit dismissed for the reason that vendee being a lady, sale could not be pre-empted - Held partial pre-emption is not permissible - Therefore, once it is found that one of the..........
