Land Acquisition Act, 1894, Section 4,6 -- Release of acquired land - Petitioner belonging to poor strata of society, Constructed their houses before issuance of notification under Sec.4 of the Act - Where notification under Sec.4 of Act was issued, land owned by about 800 people was also made part of it, wherein unauthorised colony was in existence - Where notification..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction on ground of bona fide necessity - Failure to plead ingredients of sub-section (b) and (c) in the eviction petition - Held, if parties were fully aware about ingredients of Sub-sec.(b) and (c) at time of leading evidence and both the parties have led evidence on these issues, then petition cannot be..........
Indian Penal Code, 1860, Section 24, 25, 206, 421, 424, 207, 208, 210, 243, 246, 247, 248, 249, 250, 251, 252, 253, 261, 264, 265, 266, 415, 416, 417, 418, 419, 420, 422, 423, 463, 464, 465, 466, 467, 468, 469, 470, 471, 474, 477, 496 -- Fraudulently - A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise - Term..........
Transfer of Property Act, 1882, Section 62(a) -- Usufructuary mortgage - Right of mortgagor to recover possession - In terms of clause (a) of Sec. 62, the suit is for possession after mortgage comes to end by self redeeming process as the mortgagee is authorised to pay himself the mortgage money form the rents and profits of the property - The mortgagee has to look to the..........
Transfer of Property Act, 1882, Section 62(b) -- Usufructuary mortgage - Right of mortgagor to recover possession - In terms of clause (b) of Sec. 62, the right of a mortgagor will arise only after rents and profits derived by the mortgagee out of the usufruct of the mortaged property are adjusted towards the interest or principle and on mortgagor paying the balance in the..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 41, 44A -- Resumption of land - Violation of principles of natural justice - Acquisition for the company to set up manufacture of sheet glass or such other products approved by government - Conveyance deed places an obligation upon the company to obtain prior permission of the Govt. if it desires..........
Constitution of India, 1950, Article 14, 213, Punjab Agricultural Produce Markets Act, 1961, Section 12A, 35 -- Supression of nominated committees - Amendment Act of 2007 - Vires challenged - Nominated member - Chairman of marketing committee - Validity of Sec. 12-A of the Act where by all the market committees in the State were superseded, challenged on the ground that..........
Civil Procedure Code, 1908, Order 47, Rule 1, Punjab Land Revenue Act, 1887, Section 15 -- Review - Scope of - Land Revenue Act does specify the ground on which order can be reviewed - Sec. 15 has to read with O.47 R.1 CPC...........
Contempt of Courts Act, 1971, Section 2(b) -- Orders passed by Quasi Judicial Authorities, while interpreting the judgment/order passed by High Court, in respect of mutation proceedings which does not confer any right by itself - Orders open to challange before competent court of law - Whether amounts to civil contempt within the meaning of Sec. 2(b) of the Act? Held - No...........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Suit for declaration - Decreed by High Court holding that petitioner is entitled to succeed as per principle of Primogeniture - Suit for possession filed by petitioner - Pending - Mutation sanctioned in appeal by Commissioner on the basis of natural succession subject to final verdict of Civil Court - Order..........
