Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iia), Punjab Package Deals Properties (Disposal) Amendment Act, 2009, Section 5B - - Allotment of land - Cancellation of - Allotment of land made out of Shamalat Deh land - Allotment was made to allottee on 27.12.1984 i.e. prior to cut off date i.e. 09.07.1985 - Nature of land has been determined on the basis..........
Administration of Evacuee Property Act, 1950, Section 14, 18, 20 -- Evacuee property - Validity of order passed under the Act - Jurisdiction of civil Court - Held, Act is a complete code in itself as regards manner of claim that were possible in respect of evacuee property - If trust has participated in proceedings then if Trust were to contend that separation made was..........
Administration of Evacuee Property Act, 1950, Section 27, Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 20B -- Evacuee property - Restoration of - Held, S.20-B of the Act imposes certain restrictions on restoration of evacuee property - S.20-B of the said Act was held ultra vires of Art.31(2) of the Constitution of India as it offends right to..........
Disposal of Surplus Rural Evacuee Agricultural Land Rules, 1962, Rule 11 -- Auction sale - Validity - Description of property as plot No.S.1 is recorded in Form S.XX - Absence of khasra numbers particularly when property is duly identified as plot No.S.1 - Held, it does not indicate such an error as empowered Settlement Commissioner to set aside auction while exercising..........
Haryana Evacuee Property Rules, 2011 -- Evacuee property - Auction sale - Denial to confirm - Validity - Auction held in year 2007 - Rules framed in year 2011 - Deputy Commissioner declined to confirm auction sale as files put up before him after period of five years in some cases and after more than 10 years in other - Value of property increased manifold - Held, till..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36 -- Evacuee property - Enforcement of civil rights - Jurisdiction of civil Court - Plaintiffs/respondents are not questioning evacuee nature of suit property - Plaintiffs/respondents are seeking transfer of suit land to them under policy prepared by defendant No.1 State itself - State counsel for..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 22, Transfer of Property Act, 1882, Section 41 -- Evacuee property - Subsequent allotment obtained by fraud or misrepresentation - Resumption - Held, if subsequent allotment was result of fraud or misrepresentation by transferee, namely, legal heirs of deceased i.e. earlier allottee, it is that property..........
Administration of Evacuee Property Act, 1950, Section 7, 46 -- Evacuee property - Permanent injunction - Jurisdiction of Civil Court - Held, jurisdiction of Civil Court was not barred for entertaining suit for permanent injunction as there was no evidence on record which State produced that property in dispute has been declared evacuee property...........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36 -- Allocation of land - Delivery of possession - Jurisdiction of civil Court - - Held, from bare perusal of S.36 of the Act it transpires that the Act was enacted for putting displaced persons in possession of land out of common pool and this Section creates a bar over jurisdiction of civil Court qua..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 7 -- Proceedings u/ss 5 & 7 of the Act initiated by appellant - Respondent claiming to be in possession as an evacuee property - Respondent filed writ petition by contending that proceedings under the Act are without jurisdiction - High Court remanded the matter to Chief Settlement..........
