Punjab Regional and Town Planning and Development Act, 1995, Punjab New Capital (Periphery) Control Act, 1952, Wild Life (Protection) Act, 1972 -- Environment (Protection) Act,1986 - Tata Camelot Housing Colony (Tata Housing Colony) - Project in eco-sensitive and protected area within 10 kilometers of the periphery of Chandigarh - Planned integrated development of the..........
Punjab Panchayati Raj Act, 1994, Section 19(2) -- Removal of Sarpanch - No confidence motion - Waiver of seven days notice - Notice issued on 13.8.2010 for meeting to be held on 19.8.2010 - Notice was short by two days - Petitioner participated in said meeting - No confidence motion passed by 2/3rd majority and petitioner removed from post of Sarpanch - Held, impugned..........
Punjab Panchayati Raj Act, 1994, Section 19(2) -- Removal of Sarpanch - No confidence motion - Contention that proceeding book does not record any reason as to why opposition Panches did not want petitioner to continue as Sarpanch - Held, no, recording of reason cannot supersede will of 2/3rd majority - Resolution removing petitioner from post of Sarpanch cannot be quashed..........
Punjab Land Revenue Act, 1887, Section 15(c) -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Held, a co-owner, who is NRI, even when other co-owners are not NRIs, can maintain a petition for ejectment for benefit of all co-owners...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Letting out - Held, ownership of building is necessary condition for maintaining eviction petition u/s.13-B of the Act - Letting out by petitioner is not a sine-qua-non to maintain eviction petition in terms of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- NRI landlord - Bona fide need - Eviction - Validity - Ownership of landlady stands duly proved - NRI status is clear from residency card issued by Austrian authority - Intention to come back and to settle in India duly proved by statement of landlady stepping into witness box - Held, once these necessary..........
Civil Procedure Code, 1908, Section 9, East Punjab Urban Rent Restriction Act, 1949 - - Arrears of rent - Determination of - Jurisdiction of Civil Court - Held, Civil Court is the only Court of competent jurisdiction to determine the rate of rent as well as to pass decree for recovery of arrears of rent - Rent Controller under Rent Control Act cannot even pass order or..........
Punjab Land Revenue Act, 1887, Section 45 -- Declaratory suit - Revenue entries - Plaintiff felt aggrieved by entries in revenue record and record of rights - Held, u/s.45 of the Act, plaintiff entitled to institute suit in a civil Court for declaration of his rights - Civil Court would certainly have jurisdiction to adjudicate upon a suit regarding declaration of rights..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - NRI landlord - Held, u/s.13-B of the Act, basic ingredients which have to be fulfilled are - (i) that landlord has to be an owner of premises in question for a period of 5 years prior to institution of petition - (ii) that landlord should be no, resident Indian falling within definition of S.2(dd) of..........
