East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 26 -- Mutation regarding tenancy - Cannot be entered by Consolidation Authorities - Consolidation Officer (after completion of Scheme) only empowered to transfer rights of a tenant under existing lease to new holding - Person not entered as a tenant in revenue record prior to..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 43A, 22 - - Part of land left from being entered in revenue record - Application after 17 years of consolidation proceedings - Competency of Consolidation Officer to make such correction - Section 43-A does not mention any specific Officer who can make necessary correctio, Refers to any..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Ex-parte order on ground of refusal of service - Setting aside of - No question of review - Categoric averment that applicant not served (neither issued any summons nor ever refused service) - Duty of Director to find out whether applicant refused service or not - Necessary to..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Point of limitation not dealt with in order passed under Section 42 - Initial presumption, that point of limitation not raised, rebuttable and not conclusive - Affidavit of counsel who appeared before Additional Director that objection raised regarding petition under Section 42..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Petition time-barred inasmuch as repartition in consolidation proceedings took place in 1960 while petition under Section 42 filed in 1975 - Additional Director did not consider point of limitation - Order cannot be treated as intra vires - Additional Director can assume..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Concessional statement made before Additional Director - Clearly means that petitioner conceded that delay in filing petition under Section 42 may be condoned - Order of Additional Director cannot be challenged on the ground that petition under Section 42 time-barred and no valid..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 16A - - Partition of joint holding - Joint proposal by both parties for effecting partition - Partition effected by Consolidation Authorities in terms of joint proposal - Cannot be justifiably assailed in writ proceedings - Constitution of India, 1950, Article 226...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 14(1), 43A -- Assistant Collector ordered correction of Khasra Girdawari entries after issue of Notification under Section 14(1) and consolidation proceedings started - Objection that after declaration made by State Government under Section 14(1) power to correct error in revenue record..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 43A -- Scope of - Enables Authority to correct clerical or arithmetical mistake in a Scheme or order passed by it under provisions of the Act which error may have arisen from accidental slip or omission - Jurisdiction can be exercised at any time by Authority either on its own motion or..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Ex-parte order by Additional Director on report of process-server of refusal to accept summons - Challenge that no notice ever served and deliberately a wrong address given - Proper remedy - To approach Additional Director for setting aside of ex-parte order and re-hearing of..........
