Punjab Agricultural Indebtedness (Relief) Act, Section 2(b) - - Siri who earns his livelihood by working as agricultural labourer - Falls within definition of "debtor" in Section 2(b) - Person if gets his wages in lumpsum and in kind being a Siri - Does not cease to be agricultural labourer - Mode of payment not the criterion to find out whether a person agricultural..........
Punjab Municipal Election Rules, 1952, Rule 63 -- Part III of Rules a complete Code for trial and determination of election petition challenging election of Municipal Commissioner - Challenge that elected-candidate managed to get a particular vote polled by impersonation - Onus to prove that real voter had not cast vote - On electio, petitioner - Best evidence could be..........
Constitution of India, 1950, Article 226 -- Validity of findings of Commission under Section 254 Punjab Municipal Act - Findings of Commission on any vital issue if not supported by any evidence or perverse or conclusions such that no ordinary prudent person shall reach - High Court can examine such findings - Punjab Municipal Act, Section 254...........
Punjab Pre-emption Act, 1913, Section IS -- Pre-emption on the basis of relationship - Particular defined relationship which gives right of preemption must be stated in plaint within period of limitation - Amendment after period of limitation seeking to incorporate such relationship - Cannot be permitted...........
Punjab Pre-emption Act, 1913, Section 8(2) -- Notification exempting sales from right of pre-emption - Pre-emption suits pending - First Notification exempting sales quashed by High Court as not issued in good faith - Second Notification exempting sales made in favour coloniser for setting up or extending a colony - Trial Court held that vendees not colonisers in terms of..........
Punjab Pre-emption Act, 1913, Section 8(2) -- Validity of - Vires upheld in view of Ram Kishan's case 1984 P. L. J. 170 D. B...........
Punjab Pre-emption Act, 1913, Section 8(2) -- Validity of - Vires upheld - Section 8(2) does not suffer from vice of arbitrariness - Not violative of Article 14 of Constitution - Mere likelihood of misuse of power - By itself no ground to annul statutory provision under which power exercised - Section 8(2) does not confer arbitrary, unguided and uncanalised power on State..........
Punjab Tenancy Act, 1887, Section 14, 77(3)(n) -- Suit in Civil Court for recovery of mesne profits against occupant on the allegation that occupant of land trespasser and not a tenant thereby denying relationship of landlord and tenant- Not barred by provisions of Sections 14 and 77(3)(n) - Section 14 comes into play only when owner of land deems himself to be landlord of..........
Punjab Land Reforms Act, 1972, Section 7(1) -- Power of Collector (and of Commissioner in appeal) to select permissible area for landowner - Identical to those exercised under Section 5-B(2) of Punjab Security of Land Tenures Act - No valid reservation or selection by landowner (failure to furnish declaration required to be made under Rule 5(2) by 4th July, 1974,..........
Punjab Tenancy Act, 1887, Section 81 -- Starting point of limitation for appeal by transferee against order declaring surplus area of landowner under Punjab Security of Land Tenures Act - Transferee before the order not issued notice - Date of knowledge...........