Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Procedure for eviction of person in unauthorised possession of Shamilat land - Summary in nature - Section 7 pre-supposes that land about which application made is Shamilat answering description given in the Act - Assistant Collector being a Tribunal of very limited jurisdiction cannot enter into inquiry..........
Punjab Municipal Act, 1911, Section 81 -- Time-barred dues, recovery of - Municipal Committee cannot resort to procedure prescribed under Section 81 - Section 81 only provides a special procedure for recovery of claimable money - Does not constitute a source or foundation of a right to claim money otherwise time-barred - Section 81 provides a summary procedure for recovery..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7, 7A -- Procedure of ejectment - Not dealt with by the Act - Continues to be same as provided in Punjab Tenancy Act - Two alternative methods : (i) suit before a Revenue Court, and (ii) Summary proceedings in shape of notice of ejectment having regard to Sections 42(b), 43 and 45 Punjab Tenancy Act - Tenant to be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Assistant Collector authorised to deal with cases of unauthorised occupation of Panchayat lands - Proceedings of summary nature - Cannot decide question of title in these proceedings...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 22 -- Scope of - Resettled tenant forcibly dispossessed of allotted land - Remedy for restoration of possession - By way of summary proceedings under Section 22 - Section 22 a new provision prescribing special remedy by way of summary proceedings in case of ejectees - No corresponding provision in Punjab Security of Land..........
Specific Relief Act, 1963, Section 6(4), 6(2), Limitation Act, 1963, Article 64 -- Suit for possession - Period prescribed - 12 years - Remedy provided under Section 6(2) Specific Relief Act of suit within 6 months of dispossession - Merely a summary remedy - Does not debar recourse to a regular civil suit for which limitation prescribed under Article 64 of Limitation Act..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 10A(b) -- Scope of - Agreement if manipulated on account of concealment of some facts - Open to Collector to cancel or vary such agreement - One way in which Gram Panchayat can get redress of a wrong is to file a civil suit - Gram Panchayat not prevented from having resort to Section 10-A, when Collector can grant..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- Person in unauthorised possession of village common land - Eviction of - Summary remedy provided under sub-section (2) of Section 7 - The only exclusive remedy and not supplemental or additional to ordinary remedy by way of suit - Panchayat gave land on Patta for one year - After expiry of that period..........
Land Acquisition Act, 1894, Section 17(4) -- Invoking of urgency - Validity of - Acquisition of land for setting up a New Mandi Township - Public purpose not of such a nature which could genuinely necessitate invoking of urgency provisions - Incumbent on Authority before invoking provisions of Section 17(4) to apply its mind whether urgency of such nature that even summary..........
Civil Procedure Code, 1908, Section 107 -- Summary - dismissal of appeal without indicating reasons is illegal...........
