Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Section 13 not operative when lis or dispute between two private individuals - Jurisdiction of Civil Court taken away when lis between Gram Panchayat and a private person and it relates to any of the questions specified in Section 13 - Only when contest between Panchayat and a private person for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13(a) - - Word "entertain" - Only means that Civil Court cannot dispose of suit or claim on merits and has to reject it as not maintainable if it relates to any of the questions specified in Section 13...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8(1)Tenant - - Transfer of land prior to 30.7.1958 - Eligibility for exemption under Section 8(1) - Plea that tenant of 'A' category cannot be deprived of right to acquire proprietary rights under the Act on surplus area of big landowner merely because transfer of such land before 30.7.1958 - Not tenable - Eligibility..........
Civil Procedure Code, 1908, Section 35B -- Request for taking action under Section 35-B - Should be decided forthwith - Adjourning of case for filing of reply etc. - Should be avoided as far as possible - Court by not deciding matter under Section 35-B forthwith - Commits serious error inasmuch as it will be taken that defendant waived the point - Not following correct..........
Transfer of Property Act, 1882, Section 60, 59A - - Suit for possession by mortgagee - Mortgagor and persons claiming through him cannot claim redemption in such suit - Fixed term in usufructuary mortgage - Redemption cannot take place during such term - P mortgaged land to N & S and afterwards mortgaged it to A for a fixed term and as per term of subsequent mortgage-deed..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Scope of Assistant Collector after having found that tenant liable to pay arrears of rent which he had not paid within prescribed period of 30 days from date of receipt of notice on Form N - Bound to order ejectment of tenant - Under Section 14-A(ii) Assistant Collector given power only to make enquiry into..........
Punjab Municipal Act, 1911, Section 18, 238(4)(d) -- Municipal Committee sued through its Executive Officer - Suit decreed against Municipal Committee ex parte - Objection that exparte decree against Municipal Committee a nullity as suit filed against Municipal Committee through its Executive Officer but from date of institution of suit till date of decree no Municipal..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 43, 47 -- Section 43 enabling provision to restore possession to various persons by a summary procedure if wrongfully or unauthorisedly dispossessed - Revenue entries show possession of land by tenants till Rabi 1963, tenants did not surrender their tenancy nor ordered to be ejected in any proceedings - Tenancy rights..........
Pepsu Utilisation of Surplus Area Scheme,1960 -- Paragraph 14 as added by Notification dated 4th June, 1965 - Review of order passed earlier to date of conferment of power of review - Competent - Nar Singh's case 1980 P. L. J. 587 Over-Ruled - Power of review provided for in Scheme more or less analogous to power vested in Civil Court under Section 152 Civil Procedure..........
Punjab Panchayat Samitis and Zila Parishads Act, 1961, Section 16 -- Co option of Member Panchayat Samiti - Election under Section 2(15) read with Section 13-A(3) Punjab Gram Panchayat Act - Co-option can be assailed in election petition...........
