Punjab Pre-emption Act, 1913, Section 21A -- During pendency of suit sale in favour of co-vendee - Improvement in status of vendee - Cannot affect right of pre-emptor...........
Punjab Pre-emption Act, 1913, Section 15(i)(a) - - Section 15 retrospective - Clause Fourthly in Section 15(1)(a) in existence at all relevant time - No right of pre-emption in tenant on date of sale - Right of pre-emption conferred on tenant before date of suit - Tenant presumed to have a right to pre empt on date of sale...........
Punjab Pre-emption Act, 1913, Section 15(1)(a) -- Thirdly - Ultra vires the Constitution...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Plea that as a result of Supreme Court judgment in Atam Parkash's case 1986 P L. J. 191, change in circumstances and claim of superior right of pre-emption on ground of consanguinity being no longer available, pre-emptor should be allowed to amend plaint to introduce ground of..........
Punjab Pre-emption Act, 1913, Section 4, 15 -- Pre-emption on ground of co-sharer in joint Khata - Partition of joint Khata during pendency of appeal - What is the effect on rights of plaintiff-pre-emptor who was no more a co-sharer in joint Khata at appellate stage and whether his suit for pre-emption liable to be dismissed though decreed by Courts below being a co-sharer..........
Punjab Pre-emption Act, 1913, Section 15(b) - - Pre-emption suit being a co-sharer - Vendee reclaimed part of land - Qua land reclaimed no right of pre-emption - Vendee also became co-sharer with plaintiff pre-emptor in the joint Khata out of which land sold - Plaintiff-pre-emptor cannot claim superior right of pre-emption...........
Punjab Pre-emption Act, 1913, Section 15 -- Preemption claimed on ground of being tenant on the land at the time of sale - Correction of Khasra Girdawari entries in favour of vendee during pen de icy of suit - Open to Court having regard to other material on record to prefer uncorrected entries in Khasra Girdawari to those as corrected after order of Assistant Collector...........
Hindu Succession Act, 1956, Section 22, Constitution of India, 1950, Article 14, 15, 19 -- Constitutionality of - Challenge on the basis of Articles 14, 15 and 19 of Constitution that right of pre-emption contained in Section 22 unreasonable restriction on right of citizen to acquire, hold and dispose of property - Preferential right to acquire interest in joint property..........
Punjab Pre-emption Act, 1913, Section 15 -- Constitutionality of - Clauses First, Secondly and Thirdly of Section 15(1)(a), Clauses First, Secondly and Thirdly of Section 15(1)(b), Clauses First, Secondly and Thirdly of Section 15(1)(c) and whole of Section 15(2) - Ultra vires - List of kinsfolk mentioned in Section 15 entitled to pre-emption - Intrinsically defective and..........
Change in law -- Pre-emption suit decreed and became final as no appeal filed against decree - Decree binding inter parties - Declaration by Supreme Court of certain provisions of Section 15 Punjab Preemption Act as ultra vires - Of no avail to the parties to the decree which had become final...........
