Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- as added by Haryana Act No. 34 of 1974 - Transfer of suits from Civil Court to Assistant Collector 1st Grade - Two essential requirements: (i) suit should be for exclusion of land from Shamilat-deh, and (ii) suit should be against the Panchayat - All cases relating to Shamilat-deh pending in Civil Court -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- as added by Haryana Act No. 34 of 1974 -Transfer of pending suits - Without notice and hearing to affected party - Illegal - Proper course - Court should issue notice of application for transfer and decide it in the presence of and after hearing the parties.
The suit under Section 13-B cannot be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- as substituted and Section 13-B as added by Haryana Act No. 34 of 1974 - Civil Court jurisdiction to decide whether land is Shamilat or not - Specifically excluded - Matter can be adjudicated only by Assistant Collector 1st Grade.
Section 13-B provides for transfer of pending suits in Civil Courts for..........
Transfer of Property Act, 1882, Section 41 -- Scope of - Vendee to prove: (i) vendor ostensible owner, (ii) vendor ostensible owner by consent express or implied of real owner, (iii) sale for consideration, and (iv) vendee acted in good faith - Transferee bona fide purchaser for consideration - Question of fact - Subsequent conduct of real owner - Relevant to arrive at..........
Transfer of Property Act, 1882, Section 41 -- As such not applicable to State of Punjab - Principles underlying Section 41 applicable - Equitable doctrine of estoppel provides exception to rule that no man can transfer to another a right or title greater than what he himself possesses.
Section 41 of the Transfer of Property Act, does not apply as such to the State of..........
Punjab Security of Land Tenures Act, 1953, Section 10A -- Gift of land before coining into force of Act - Report made to Patwari duly entered in roznamcha - Donees become owners from the date when entry regarding gift made in rapat roznamcha - Transfer of Property Act (4 of 1882), Section 122. Where the donor (landowner) made a gift of some of his land on October 24, 1952,..........
Civil Procedure Code, 1908, Section 100 -- Plea of part performance - Involves questions both of law and fact - Cannot be raised for the first time in second appeal - Transfer of Property Act (4 of i882), Section 53 - A.
The plea of doctrine of part performance embodied in Section 53 - A of the Transfer of Property Act being a plea embracing questions both of law and..........
Punjab Co-operative Societies Act, 1961, Section 56 -- Constitutionality of - Not ultra vires.
Where it was contended that Section 56 of the Punjab Co-operative Societies Act is ultra vires the Constitution of India inasmuch as it vests arbitrary and unguided powers in the Registrar to adopt a procedure for disposing of the private disputes - the Registrar on receipt of..........
Displaced Persons (Compensation and Rehabilitation) Rules,1955 , Rule 25 -- Property transferred to displaced person in satisfaction of verified claim - Default in payment of instalments due on the property - Authorities under the Act cannot cancel such transfer - No jurisdiction to resume and re - auction property - Displaced Persons (Compensation and Rehabilitation) Act..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Agreement for sale of land between landlord and tenant - No sale deed executed in terms of agreement - After execution of agreement possession referable to terms of agreement and not to any earlier relationship between the parties - Landlord debarred from enforcing rights arising from earlier tenancy not..........
