Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for redemptio, Right of redemption a continuing right - Dismissal of earlier suit for declaration, challenging order of Collector under Redemption of Mortgages (Punjab) Act, on technical ground - Does not bar filing of a fresh suit for redemption so long as mortgagor's right to redeem subsists...........
Punjab Resumption of Jagirs Act, 1957, Section 2(3), 3 -- Military Jagir, resumption of - Government can only if Military Jagir granted before 4.8.1914 - Act does not empower Government to resume any Military Jagir granted thereafter - Military Jagir granted in 1920 - Government not competent to resume...........
Punjab Resumption of Jagirs Act, 1957, Section 4, 2(1), 2(3), 10 -- Jagir whether Military Jagir or not - Government by order held Jagir in question sot to be a Military Jagir - No opportunity of being heard afforded - Government cannot take advantage of Section 4 - Plea that decision of Government cannot be questioned in any Court of law or before any other Authority -..........
Punjab Land Reforms Act, 1972, Section 5(1), 4, Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32D, 32E, 2(g) -- Determination whether landowner stood divested of possession of surplus area or not before appointed date - Surplus area of landowner-S under Pepsu Act declared in 1960 - Report in 1961 showing taking of possession from landowner-S by Revenue..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) - - Preliminary issue in pre-emption Suit - Objection that Government notification exempts suit land from pre-emption - Government notification has force of law - Issue relating to bar of suit on strength of Government notification - Can be tried as preliminary issue - General rule that Court expected to pronounce judgment on..........
East Punjab Utilisation of Lands Act, 1949, Section 5, 2(a) -- Allottee of land under the Act - Not a tenant in terms of Section 2(6) Punjab Security of Land Tenures Act or Section 4(5) Punjab Tenancy Act...........
Punjab Gram Panchayat Act, 1992, Section 105, 2 -- District Panchayat Officer - Not defined in the Act - Notification dated 30th October, 1959 merges posts of District Panchayat Officers and Block Development Officers with effect from 1st November, 1959 - Block Development Officer and District Panchayat Officer same functionaries...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(c) -- Punjab University properties - Covered by provision of the Act - Punjab University continues to function under Punjab Reorganisation Act, 1966 and because of directions under Section 72(2) provisions of East Punjab University Act, 1947, applicable - Punjab University deemed to have been adopted..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(g) -- Unauthorised occupation - Lessee of public premises - Condition of lease-deed that on infringement of agreement right to get premises vacated at any time by serving one month's notice in writing - Relates to a situation where current tenancy is terminated - Expiry of lease period - Notice..........
Punjab Security of Land Tenures Act, 1953, Section 2(3) -- Ceiling for non-displaced person - 30 Standard Acres or 60 Ordinary Acres whichever is less...........