Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- Appeal against order of eviction and order of imposing penalty - Waiving condition of depositing penalty - Held, there is no indication in the proviso, that jurisdiction of appellate Judge is excluded altogether to waive the penalty and thus, the inherent rights of the appellate Judge to waive the condition..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 6, 7(i), Haryana Municipal Act, 1973, Section 203C, Haryana Municipal Corporation Act, 1994, Section 346 -- As per S.346 of 1994 Act, declaration of controlled area under 1963 Act is valid, if controlled area is not declared under the 1994 Act - As controlled area was..........
Haryana Municipal Act, 1973, Section 203C -- Haryana Municipal Corporation Act, 1994, Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development Act, 1963 - Special Act prevails over the General Statute - Such aspect is clarified with insertion of S.203-C of Haryana Municipal Corporation Act, 1994...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Arrears of rent - During pendency of proceeding landlord filed another petition for eviction taking plea of personal necessity as well - Tenant contended that bona fides of landlord are seriously in question for the reason that when initial petition was filed, it was merely on ground of non-payment of rent and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Contempt of Courts Act, 1971, Section 2(b) -- Eviction of tenant sought u/s 13-B of Act of 1949 - Eviction ordered - Eviction order of Rent Controller affirmed with the dismissal of revision petition, SLP and curatitive petition filed by tenant - During execution proceedings tenant filing frivolous objections one..........
Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979, Section 4 -- Probationer teacher - Termination of service on account of non satisfactory performance - Prior approval of Director for termination of a probationer not obtained which is mandatory - Termination order quashed - Reinstatement ordered but without arrears of salary in view of..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Recovery of rent - Where tenant is able to prove that he had sufficient cause for not paying rent for any period, he can get rid of the consequence of ejectment provided in S.9(1)(ii) of the Act...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 10(2), 14A, Punjab Tenancy Act, 1887, Section 77(3) -- Recovery of rent and ejectment - It is an application u/s 14-A of 1953 Act and not a suit u/s 77(3) of 1887 Act - Under summary procedure Assistant Collector is required to give notice to the parties in writing and reasonable opportunity to be heard and he is..........
Punjab Town Improvement Trust Act, 1922, Section 79(2)(a) -- Acquisition of land - Service of notice - Held, service of notice on one of the co-owners, when more than one have interest in acquired land, would be sufficient service of notice on other co-owners...........
Punjab Town Improvement Trust Act, 1922, Section 38, Constitution of India, 1950, Article 243, 243N, 243Q, 2432D, 2432F -- Acquisition of land - Non-applicability of provisions of PTI Act for work of development in view of 73rd and 74th amendment of Constitution of India - Held, Act shows provisions of constitution of Trust and invest it with vast powers for carrying out..........
