Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 5 -- Transfer to unauthorized occupant - Transfer could only be in respect of land situated beyond 2 miles of limits of a Municipal Corporation, Municipality or other local body - Thus, case of petitioner is not covered by the policy and they can take no benefit thereof - Rule is not applicable because for..........
Civil Procedure Code, 1908, Section 9, Punjab Package Deal Properties (Disposal) Act, 1976, Section 16 -- Jurisdiction - Jurisdiction of Civil Court to try matter, was not opposed by appellants during course of arguments, which is reflected in judgment passed by Trial Court - Where question of title to property is involved, it cannot be said that jurisdiction of Civil..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 16 -- Jurisdiction of civil Court - Bar of - Suit for declaration of ownership declaring order passed under the Act null and void - Order made by any Officer or Authority under the Act is final and no Civil Court shall have jurisdiction to entertain any suit or proceeding and no injunction shall be granted by any..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for possession and permanent injunction - Grant of decree - Plaintiff claimed ownership on basis of sale certificate - As per perusal of documents, Sale certificate was issued on basis of `restricted auction' and deposition of consideration amount by plaintiff in consonance with provisions of R.6(6)(xiv) of Punjab Package..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 16 -- Allotment of property - If order passed on 21.06.1976 by Settlement Officer refusing to confirm sale had been challenged in appeal and matter was pending before Chief Sales Commissioner, property could not have been taken as available for Govt. to make a fresh allotment - If such an allotment was made, it..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 16 -- Allotment of property - Bar of jurisdiction of Civil Court - Held, if order passed by Chief Sales Commissioner was not valid, it could have been subject of challenge u/s.16 of the Act of 1976 - S.16 of the Act bars jurisdiction of Civil Court and renders any order passed by authorities under the Act to be..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 7, 49(c) - - Allotment of Land - Cancellation of - Natural Justice - Petitioner's father was allotted land in question on basis of possession - Petitioner condemned unheard and orders of cancellation passed at his back leading to fresh auction of land in dispute in favour of respondent No.6 - Held, no transfer..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 7 -- Punjab Package Deal Properties (Disposal) Rules, 1976 - Allotment of Land - Cancellation of - Natural Justice - Held, once petitioner's valuable rights were being effected, cancellation in his favour could not have been done without following due procedure and without following principles of natural justice...........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 4(i) -- Allotment of land - Deletion of condition of not permitting sale of land for 10 years after allotment vide notification dated 20.01.1979 - Allotment made after amendment of Rule deleting said condition - Imposition of said condition in conveyance deed - Held, improper - Direction issued to delete said..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 7(2) -- Eviction - Natural justice - Held, eviction order cannot be passed u/s.7(2) of the Act without giving an opportunity of being heard to occupier - In present case, since no show cause notice was ever issued and no opportunity of being heard was granted to petitioners before passing eviction order u/s.7(2)..........
