Punjab Village Common Lands (Regulation) Act, 1961, Section 3(1), 2(g)(5)(vi), 2(h) -- Section 3(1) has given retrospective effect to definition of Shamlat Deh as contained in Section 2(g)-Absence of any finding that possession of Biswadar or proprietor in revenue estate was prior to January 9, 1954 - Land falls within definition of Shamlat Deh...........
Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974 -- Object - To vest Shamlat land in State Government so that it can be put to best possible use - Land vested with State Government can be utilised either : (i) for distribution amongst landless persons, or (ii) for other purposes consistent with policy of State Government and public interest -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Civil Court decree not final and matter still pending in appeal - Question whether land is or is not shamlat deh - Civil Court has no jurisdiction to entertain and adjudicate upon the question - Decree passed by Civil Court before enforcement of substituted Section 13 by Act 2 of 1981 - Does not make any..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5), 4, 5 -- By plantation of trees reduction in land for grazing cattle (described in revenue records as charand) - Shamlat deh vested in Panchayat - Charand land would also be considered to have been vested - Grazing rights in shamilat tend - Not at all saved for any residents - Not necessary that what was..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 2(g)(5) -- Sub-clause (5) not a proviso to sub-clause (() - Ail sub-clauses of Section 2(g) independent of each other - Do not govern or circumscribe scope of each other in any manner - Sub-clause (I) covers Lands described in revenue records as shamlat deh - Sub-clause (5) covers lands described as..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - Essential requirement for exclusion of land from "shamlat deh" - Land should have been acquired by "purchase or in exchange for proprietary land from a co-sharer in the "shamlat deh" - Land not acquired by purchase or in exchange for proprietary land from any co-sharer in the "shamilat deh" - Not covered..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - Land recorded as "shamlat deh" in Jamabandi - Entry in Jamabandi that land in possession of owners "as per respective shares in khewat" - Does not detract from nature of land - Character of land remains "shamlat deh"...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3), 2(g)(5) -- Relative scope of - Any land described as Banjar Qadim and falling in Shamlat Taraf or Shamlat Patti according to revenue record - Governed by sub-clause (5) and not sub-clause (3) - Sub-clause (3) is a general clause and includes in its ambit lands of all qualities whether Banjar Qadim, Banjar..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3), 2(g)(4), 2(g)(5) -- Scope of - Landowners deprived of some lands in Shamlat Pattis etc. which under old Act belonged to them - All lands described as Shamlat Tarafs, Pattis, Pannas and Tholas not to be treated as Shamlat Deb. irrespective of the use to which they are subjected - Such lands other than..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Clauses (1) to (5) - All clauses independent of each other-Recourse can be had to any one clause to the exclusion of the other - Clauses (1) to (5) provide some of the eventualities under which land can be treated as shamlat deh - Land if falls under any one of the clauses of Section 2(g) - Sufficient to..........
