Haryana Canal and Drainage Act, 1974, Section 25, 22, 2(5) -- Recovery of cost of drain being made against person whose land did not fall within "culturable commanded area" - Not permissible under Section 22 - No remedy under the Act for such person - Jurisdiction of Civil Court to try suit in view of Section 25 - Not barred...........
Haryana Canal and Drainage Act, 1974, Section 2(5), 22 -- Recovery of cost of drain from shareholders - Land much higher than level of adjoining area, can be irrigated only by means of sprinkler, drain not built into the land and sprinkler not provided to irrigate land - Cannot be said to be part of commanded area and landowner not beneficiary from drain - No recovery..........
Punjab Land Revenue Act, 1887, Section 158(2)(xiv) -- Prohibition not applicable to claims of persons other than defaulter - Agreement entered into between Co-operative Society through its Secretary and Department of Government - Recovery of amount from Secretary of Co operative Society - Secretary of Co operative Society would be a defaulter if : (i) agreement entered..........
Punjab Tenancy Act, 1887, Section SO - - Right of appeal a substantive right - Appeal a continuation of same proceedings - Law of limitation regulating time requisite for filing of appeal - Does not take away vested right of appeal - Limitation prescribed under Section 81 extendable with the aid of Section 5 Limitation Act - Condoning or not condoning the delay in filing..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 33(2)(iii) -- Exercise of revisional powers by Financial Commissioner under Section 24 Punjab Security of Land Tenures Act or under Section 39(3) Pepsu Tenancy and Agricultural Lands Act - Can be at any time irrespective of the fact that on the date of commencement of Act immediately before or remotely, factually no..........
Punjab Land Reforms Act, 1972, Section 8, 10 -- Payment of compensation for land vested in State Government - Section 8 nowhere specifically provides that compensation to be paid to landowner in whose hands area declared surplus - Curb to have more land than permissible area not only towards owning land but also towards holding land - To be seen not only as to who holds..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A, 13B, 13 - - Suit filed in Civil Court in 1969 for permanent injunction restraining Gram Panchayat from interfering with plaintiff's possession on land in dispute- Civil Court held plaintiff to be in possession of disputed site in capacity of a co-sharer and not a trespasser, Gram Panchayat failed to prove..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Provisions of Section 18 do not lay down that purchase cannot be effected from surplus area of landowner or that it has to be confined to area declared as tenant's permissible area - Purchase can be disallowed if found (on inquiry by Assistant Collector) to be collusive...........
Punjab Gram Panchayat Act, 1992, Section 8 - - Suit by Gram Panchayat - Competent- Gram Panchayat a body corporate having perpetual succession and common seal, can by name notified in Section 5(1) sue and be sued - Not necessary that all Panches should be made parties to litigation...........
Punjab Tenancy Act, 1887, Section 82(1)(b) -- Review beyond limitation - Cannot be converted into suo motu review - Review application filed long after expiry of 90 days period allowed by Section 82(1)(b)- No application, whether written or oral, for condonation of delay - Plea that it may be treated as a case of suo motu review - Not tenable - If application for review..........
