Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1959, Section 2(d) -- Bank premises - State Government having more than 51 per cent share in Bank which is registered under Companies Act - Covered by definition of "public premises"...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1959, Section 3(b) -- Premises not vacated after lease, grant or allotment is determined - Amounts to unauthorised occupation - Premises taken on lease - Determination of lease - Becomes unauthorised occupation...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1959, Section 2(a), 4 -- Eviction proceedings by Sub Divisional Officer - Objection that Sub Divisional Officer is neither a Collector of the District nor ever appointed by State Government for performing functions of Collector under Section 2(a) - All Sub Divisional Officers in State of Punjab act as..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 3(a) -- Person in possession of property when it came to vest in Government - Cannot be said to have entered into unauthorised possession of it - Absence of finding by Authorities that person entered into possession of property after it came to vest in Government - Cannot be held to be..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1959, Section 7 -- Recovery of arrears of rent and damages for unauthorised occupation - Time-barred claim - Cannot be allowed - Conditions pre-requisite for liability: (i) arrears of rent outstanding on date of issue of demand, (ii) claim not time-barred, and (iii) rent due on account of occupation of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7A - - Scope of - Land claimed by Panchayat Samiti - Section 7-A not applicable - Appeal would lie to Commissioner under Punjab Public Premises and Land (Eviction and Rent Recovery) Act (31 of 1973), Section 9...........
Haryana Public Premises (Eviction and Rent Recovery) Act, 1972 -- Whether contrary to provisions of Article 112 of Limitation Act - Haryana Act and Limitation Act deal entirely with different matters and cover different fields - Suit for recovery of land by State has to be filed within 30 years whereas under Haryana Act proceedings can be taken at any time - Haryana Act..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 4 -- Notice for removal of encroachment - No requirement of law that history of public premises or history of encroachment should be given in the notice itself - Ejectment on ground of unauthorized occupation and notice gives description of property as also description of encroachment and area..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 4, 9 -- S.4 only deals with issuance of notice of eviction - No authority is supposed to pass any order u/S.4 - Appeal against order u/S.5 is maintainable u/S.9 - No appeal u/S.9 competent from order appealed against before Commissioner...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 9 -- Commissioner under the Act - Nobody designated or specified as Commissioner who can exercise powers u/S.9 - Unauthorized possession of Panchayat land - S.7A of Punjab Village Common Lands (Regulation) Act, 1961 lays down in unmistakable terms that for purposes of appeals in relation to..........
