Punjab New Mandi Township (Development and Regulation) Act, 1960, Section 13 - - Notice of resumption in terms of Section 13(3) issued straightaway asking transferee to show cause why site be not resumed and amount paid forfeited - Void ab initio - Notice under Section 13(3) can be issued only after transferee failed to comply with order passed under Section 13(2) - No..........
Punjab New Mandi Township (Development and Regulation) Act, 1960, Section 13 - - Validity of - Amendments knock down the very basis of Division Bench judgment in Dharam Pal's case 1978 P. L. J. 396 which struck down Section 13 as unconstitutional - Existing provisions of Section 12 omitted as a result of amendment - Section 13 as reframed made operative with retrospective..........
Punjab New Mandi Township (Development and Regulation) Act, 1960, Section 13 - - Scope of - First a notice to show cause within 30 days why penalty be not imposed - After considering cause shown by transferee and giving him due opportunity of being heard and for reasons to be recorded in writing order can be made directing transferee to pay amount due along with penalty..........
Punjab Security of Land Tenures Act, 1953, Section s - - Landowners had to resort to proceedings under Section 14-A(ii) to recover rent from tenants - Deposits made by tenants on applications of landowners - Initiative not taken by tenants but by landowners - No satisfactory explanation as to why no steps taken by tenants to deposit rent regularly at appropriate time -..........
Land Acquisition Act, 1894, Section 23(1A) -- Rise in market price of land at 12% per annum - Nothing in the sub section to indicate that Parliament assumed this - Amount payable under subsection (1A) nothing to do with determination of market value of acquired land - Amount payable under sub section (1A) in addition to market value of acquired land...........
Land Acquisition Act, 1894, Section 18, 53 -- Dismissal in default of reference under Section 18 - Without jurisdiction - Liable to be restored in exercise of inherent powers - Court cannot dismiss reference case for default - A land acquisition reference case cannot be dismissed for default on no, appearance of claimant - Neither Order 9 Rule 8 read with Section 141 Civil..........
Land Acquisition Act, 1894, Section 18 -- Application for restoration of petition under Section 18 after 3 3/4 years of its dismissal - Statement made in Court about date of knowledge - Absence of any rebuttal - Application filed within 30 days from date of knowledge - Within limitation...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g)(4) -- Encroachment on village pathway (rasta) - Suit in Civil Court for mandatary injunction requiring defendant to remove obstruction and not to make further encroachment - Plea that in view of Section 2(g)(4) streets, lanes etc. included within definition of "Shamilat Deh" and under Section 13 Civil..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Removal of obstruction from a village pathway (rasta) - Cannot be decided by Assistant Collector 1st Grade under Section 7 even though village pathway vests in Gram Panchayat - A person can move Civil Court - Section 7 not enacted for deciding such matters - Does not bar jurisdiction of Civil Court...........
Punjab Municipal Corporation Act, 1976, Section 357and, 343 -- Licence granted by Corporation to run specified business - Not a bare licence - Statutory provision made in Section 357(3) for revocation or suspension of licence under the Act and Corporation cannot act otherwise than in conformity with those provisions - None of the grounds mentioned in subsection (3) of..........
