Punjab Town Improvement Trust Act, 1922, Section 101(1)(d), 42, 36 -- Illegality as a result of no, compliance of mandatory provisions of Section 36 - Cannot be cured under Section 101(1)(d) - Full Bench decision in Prof. Jodh Singh's case 1984 P. L. J. 413 Followed - Section 101 not intended to cure irregularity of no, compliance of mandatory provisions...........
Punjab Town Improvement Trust Act, 1922, Section 38, 36 -- Notice under Section 38 of proposed acquisition - Owners/occupiers cannot object to the very framing of Scheme under Section 36...........
Punjab Security of Land Tenures Act, 1953, Section 18 -- No requirement that tenant should be on the land on 15-4-1953 - Three ingredients : (i) tenant of big landowner; (ii) possession of land as tenant for more than 6 years, and (iii) land to be purchased does not form part of reserved area of landowner - Supreme Court ruling 1974 P. L. J. 74 not applicable as same..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 33 -- Order setting aside sale where no material irregularity or fraud resulting in substantial injury to any person committed in conduct of sale__Violative of Rule 92(4) of Displaced Persons (Compensation and Rehabilitation) Rules - Beyond jurisdiction of Central Government in exercise of powers under..........
Haryana Relief of Agricultural Indebtedness Act, 1989, Section 5(a) - - Discharge of debt - Only if debt in existence on the date Section 5 came into existence i. e. 30.3.1976 - Whole of Act not applicable to debts coming into existence after the said date...........
Punjab Gram Panchayat Act, 1992, Section 4 -- Suit in Civil Court for declaration that Director Panchayats had no authority to take land belonging to Gram Panchayat Kohar and give it to Gram Panchayat Keharpura and also subsequent orders passed by Revenue Authorities to implement this order were illegal, void, without jurisdiction and not binding - No notification..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Not applicable to acts and orders without jurisdiction - Suit lies in Civil Court in cases where authorities under the Act acted without jurisdiction - Civil Court has authority to entertain and decide disputes in matters of encroachments on public thoroughfare which affect rights of user by public -..........
Administration of Evacuee Property Act, 1950, Section 11, 4 -- No implied repeal or over-riding by Section 15 Wakf Act - Section 69(2) Wakf Act no warrant for proposition that Section 11 stands expressly repealed thereby - Amendment of Section 11 in 19S6 strongest pointer that Section 11 far from being repealed intended to over-ride other laws, in fact, if necessary,..........
Gram Panchayat -- Wakf Act being later and special statute over-rides Section 11 Administration of Evacuee Property Act - Section 69(2) Wakf Act expressly repeals Section 11 Administration of Evacuee Property Act so far as management of wakf property concerned - Mutawalli only manager or office-holder of public wakf property - Mutawalli migrating to Pakistan - Property of..........
Administration of Evacuee Property Act, 1950, Section 11 -- Evacuee trust property - Vests in Custodian till new Trustees appointed under Section 11 with regard to that particular wakf property - No locus standi of Wakf Board to file suit - Custodian alone entitled to institute and defend legal proceedings...........
