Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Whether alienations effected before 30-8-1958 by landowner to be excluded or not while determining surplus area - Surplus area declared under Punjab Security of Land Tenures Act ignoring alienation and exchange - Area declared surplus remained unutilised till enforcement of Haryana Ceiling Act-Haryana Ceiling Act..........
Punjab Co-operative Societies Act, 1961, Section 69, 68 -- No revisional jurisdiction with Registrar in matters in which appeal lies under Section 68 - Registrar can exercise revisional powers, suo motu or on application of a party to a reference, only in cases where no appeal under Section 68 lies to Government or to Registrar - Registrar exercising revisional..........
Civil Procedure Code, 1908, Section 10 -- First suit by V against D claiming a vacant piece of land setting up title to 3/4th as owner and remaining 1/4th by adverse possession - Second suit by D against V and his sister claiming partition of land - Previously instituted suit, matter in issue whether plaintiff V has become owner of 1/4th share of plot by adverse possession..........
Civil Procedure Code, 1908, Section 115, 10 -- Revision against order staying subsequent suit in terms of Section 10 - Nothing in common in previously instituted suit and suit instituted later except that property is common and property not "matter" in issue - Section 10 not attracted - Material irregularity in order - Order set aside in revision...........
Punjab Land Revenue Act, 1887, Section 111, 117 -- Partition of land - Plea by transferees of bona fide purchasers without notice - Whether involves a question of title - Transfer which is hit by doctrine of lis pendens under Section 52 Transfer of Property Act - Question of good faith totally irrelevant - Transferees having purchased property during pendency of civil..........
Transfer of Property Act, 1882, Section 52, 41, 51 -- Transfer which is hit by doctrine of lis pendens under Section 52 - Question of good faith essential to be established before equitable relief can be granted in favour of subsequent vendee under Section 41 or Section 51 - Totally irrelevant - Transferees having purchased property from vendors during pendency of civil..........
Punjab Co-operative Societies Act, 1961, Section 55, 54, 48 -- Dispute regarding embezzlement/misappropriation referred to Arbitrator - Absence of audit report - Reference under Section 55 competent - Section 54 attracted only when embezzlement detected by audit party and action sought to be taken on audit report...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13A -- Ejectment proceedings- Question of title raised - Assistant Collector should decide matter in terms of Section 13-A...........
Punjab Municipal Corporation Act, 1976, Section 35 -- Once Municipal Committee decides to file appeal by passing a resolution - Executive Officer competent to file appeal by virtue of Section 4 Punjab Municipal (Executive Officer) Act Appeal becomes maintainable when a resolution is passed by Municipal Committee deciding to file appeal - No further authorisation in favour..........
Punjab Gram Panchayat Election Rules, 1960, Rule 3 -- Proviso - Applicable to both types of land : (i) land which earlier belonged to Proprietary Body of the village and vested in Gram Sabha by virtue of Section 4 Punjab Village Common Lands (Regulation) Act, 1961 ; and (ii) land reserved for common purposes under Section 18(c) East Punjab Holdings (Consolidation and..........
