Punjab Security of Land Tenures Act, 1953, Section 2(3), 2(5a) -- Surplus area proceedings - No area of land declared surplus as so much area under old tenants - Order not complete to the extent landowner's permissible area not specified - Duty of Collector to earmark 30 Standard Acres of land for landowner and declare remaining land as tenants' permissible area -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 17, 2(bb) -- Whether Consolidation Officer can impose cut on holdings of landowners for providing land for common purposes as envisaged by Section 18 even if sufficient land belonging to Gram Panchayat is available for the purpose - Second proviso to Article 31-A of Constitution can..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 2(bb) -- Common purpose - Meaning and scope of - Given a very wide definition - Means any purpose in relation to common need, convenience or benefit of village, including extension of village abadi, provision for income of Gram Panchayat and provision for village paths, roads and..........
Punjab Security of Land Tenures Act, 1953, Section 18, 9A, 2(5a) -- Big landowner can induct tenant on his land both before or after declaration of surplus area - Tenant if satisfies requisite conditions of S.18 - Can exercise right of purchase-Second proviso to S.9A intended primarily to hit collusive induction of relations of big landowners as their tenants...........
Punjab Security of Land Tenures Act, 1953, Section 9, 14A, 2(1) -- Dohlidar - Landowner for purposes of the Act - Ejectment application by Dohlidar against tenant - Competent - 1980 PLJ 184 Reversed...........
Punjab Security of Land Tenures Act, 1953, Section 14A, 9, 2(1), 2(6) -- Ejectment - Essential requirement to be tenant - Must be a tenant of landlord-landowner - Landowner unless becomes a landlord to a tenant, can remain landowner in isolation - Existing liability to pay rent - Necessary - If not liable to pay rent, or cannot otherwise be made so liable to pay it - Not a..........
Haryana Relief of Agricultural Indebtedness Act, 1976, Section 5, 2(h), 2(j) -- Discharge of debt owed by small farmer - Requirements : (1) should not own land exceeding two hectares of unirrigated agricultural land, (2) principal means of livelihood income of such land, and (3) satisfaction of conditions enumerated in Section 5(b) (i) and (ii) - Discharge of debt owed by..........
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...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 2(bb)(ii) -- Land reserved for income of Panchayat - Belonged to Panchayat itself and no deduction whatsoever made from right - holders of the village on that account - Cannot be said to be violative of Article 31 of Constitution - Supreme Court decision 1967 PLR 287 not applicable...........
Administration of Evacuee Property Act, 1950, Section 11(1), 4, 2(f) , Article ZZZ, Order ZZZ, Rule ZZZ, Rule ZZZ -- S.4 holds paramountcy - So long as conditions imposed u/S.11(1) not fulfilled - S.15 of Wakf Act not attracted because of predominance of S.4 - Evacuee property, which being a religious trust treated as Wakf under Muslim Law, vested in Custodian - Till..........
