Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1965, Section 4, 5 -- Domain of Section 4 would operate outside the boundaries of a town - Local areas which come within description of "town" and governed by Municipal Act - Section 4 of Scheduled Roads Act would not operate - Controlled area within meaning of Section 4(1 )(a) -Can..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2(g) -- Restrictions regarding raising of construction as per Development Scheme under Punjab Town Improvement Act - Applicable to area which falls within definition of land appurtenant in Section 2(g) - Exclusion of land on which not permitted to build - Not permissible...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Scope of - Exemption from surplus pool of transfer (gift) made prior to 30-7-1S58 - Surplus area declared under Punjab Security of Land Tenures Act ignoring transfer (gift) effected before 30-7-1958 - Area declared surplus already utilised for resettlement of eligible tenants before enactment of Haryana Act -..........
Haryana Urban Development (Disposal of Land and Building) Act, 1978, Section 17, 15, 2(x) -- Question of taking penal action for breach of condition of transfer - Arises only if allotment becomes a contract on acceptance and payment of balance price to make up 25 per Cent within 30 days of receipt of letter of allotment - Till allotment accepted in manner prescribed - Does..........
Punjab Gram Panchayat Act, 1992, Section 23, 21 -- Disobedience of order passed under Section 21 - Does not amount to offence in terms of Section 23 - Order passed by Gram. Panchayat under Section 23 - In exercise of administrative jurisdiction - Recurring fine under Section 23 in anticipation of subsequent and continuing disobedience of its orders - Can legitimately be..........
Proceedings -- Proceedings taken by Gram Panchayat under Section 23 in nature of criminal proceedings - Cannot impose any recurring fine in anticipation of any subsequent disobedience of its order. Contra. - Per L S. Tiwana, J. (P. C Jain, C. J., Concurring)...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Statements of parties (containing terms of compromise) recorded by Court and duly signed by parties - Requirements of first part of Rule 3 adequately satisfied - Cannot be considered to be violating requirement of 'in writing and signed by parties' - Such signed statements covered by definition of document in Section 3..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Plea that as a result of Supreme Court judgment in Atam Parkash's case 1986 P L. J. 191, change in circumstances and claim of superior right of pre-emption on ground of consanguinity being no longer available, pre-emptor should be allowed to amend plaint to introduce ground of..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Ejectment proceedings - Continuance of after coming into force of Haryana Ceiling on Land Holdings Act - Inconsistent with provisions of Haryana Ceiling Act - Landowner can initiate proceedings for ejectment only after surplus area case decided under Haryana Ceiling Act - Though no procedure prescribed under Haryana..........
Punjab Gram Panchayat Act, 1992, Section 102(2)(d), 5(5)(o) -- Keeping of amount more than the prescribed limit - Misconduct within meaning of clause (d) of Section 102(2) - Sufficient to remove Sarpanch...........
