Punjab Security of Land Tenures Act, 1953, Section 14A -- Relationship of landlord and tenant - Ceases to exist between the parties moment order of ejectment is passed against tenant - Actual dispossession from land in execution of order of ejectment - Not necessary for determination of tenancy - Punjab Tenancy Act, Sections 4( ) and 77...........
Land Acquisition Act, 1894, Section 4, 6, 9 -- Pegging down prices of land - Colourable nature of acquisition or lack of bona fides in acquisition - Determination of - Unexplained inordinate delay in finalisation of acquisition proceedings - A starkly relevant factor if not a conclusive one - Long procrastination and unexplained delay by State - A pointer to the conclusion..........
Punjab Town Improvement Trust Act, 1922, Section 43, 24(3), 28, 41, 42 -- Alteration in lay-out plan of scheme sanctioned and notified by Government under Sections 41 and 42 - Can only be done with prior approval of State Government in accordance with provisions of Section 43 - Alteration referred to in Section 43 means alteration in the very scheme duly notified including..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(vii), 12, Punjab Security of Land Tenures Rules, 1953, Rule 9 -- Execution of Qabuliyat Nama-Determination of rent - Necessary - Inherent in Section 9(1)(vii) - Separate proceedings for determination - Against policy of Act as multiplicity of proceedings to be eschewed - Rent cannot be more than that prescribed under..........
Power of Attorney Act, 1882, Section 2 -- Advocate has implied authority to act on behalf of his client unless that authority by word, action or conduct questioned by that party or repudiated by it - Party owned notice served by Advocate - Execution of power of attorney in favour of Advocate - Not a pre-requisite...........
Limitation Act, 1963, Article 97 -- Possession delivered on the date of execution of sale-deed (whether before or during execution or soon thereafter on that date) - Considered in law to be under the sale - Even if possession delivered either under oral agreement of sale or written agreement of sale and sale-deed executed later on - Physical possession of vendees would be..........
Limitation Act, 1963, Article 97 -- Pre-emptor if able to show that possession not delivered on date of execution of sale-deed but sometime thereafter - Starting point of limitation - Neither from date of execution of sale-deed nor from date of registration but from the date when physical possession delivered - If no such date proved by pre-emptor - Possession deemed to be..........
Agreement to sell -- Execution of sale deed by vendors, but failure to appear and present it before Registrar for registration - Suit for specific performance - Remedy of purchaser by resorting to S.77 Registration Act for compulsory registration, not a bar for his filing a suit for specific performance. (Registration Act, 1908, S.77)...........
Civil Procedure Code, 1908, Order 21, Rule 97, 35 -- Scope of Rule 97 - Oily enabling provision - Not obligatory on decree-holder to take proceedings thereunder - Decree-holder entitled to take out any number of warrants of possession as long as his execution application not barred by time - Each obstruction in execution of such warrants - Provides a fresh cause of action..........
Haryana Relief of Agricultural Indebtedness Act, 1976, Section 19 - - Enforced from March 30, 1976 - Not retrospective in effect - Bar provided in Section 19 applicable from the date this section was enforced - Does not debar continuance of pending execution proceedings...........
