Land Acquisition Act, 1894, Section 18, 53 -- Application under Section 18 equated with suit, applicant with plaintiff and award with decree - Section 53 specifically attracts provisions of C. P. C. so far these are not inconsistent with anything contained in the Act to all proceedings before Land Acquisition Court - Provisions of C. P. C. applicable to proceedings on a..........
Punjab Co-operative Societies Act, 1961, Section 55, 56, 82(1)(c), 82(3), Arbitration Act, 1940, Section 33, 46 -- Applicability of Section 33 Arbitration Act to statutory Award under Section 56 - Excluded - Triple bar imposed by Legislature in excluding jurisdiction of Civil Court regarding arbitration under Section 56 and Award rendered therein - Inevitably ousts..........
Punjab Land Reforms Act, 1972, Section 28 -- Repeal of provisions of Punjab Security of Land Tenures Act - Only to the extent which are inconsistent with provisions of Reforms Act - Surplus area determined in 1958 - Subsequent proceedings mere extension of proceedings taken under that Act - No question of surplus area case being dealt with under provisions of Reforms Act...........
Interpretation of Statutes -- Non-obstante clause - True legal import - Non-obstante clause prevails over other clause in case of any inconsistency or a departure - The form of words used may be regarded merely as a convenient method of repealing inconsistent provisions without making any express reference thereto - Non-obstante clause operates to set aside as no longer..........
Punjab Security of Land Tenures Act, 1953, Section 9A -- Whether inconsistent with provisions of Punjab Land Reforms Act, 1972, and stands abrogated by Rule 23 of Punjab Land Reforms Rules, 1973 - Punjab Utilization of Surplus Area Scheme, 1973, does not make any reference to Punjab Security of Land Tenures Rules, 1956, which contain some provisions about resettlement of..........
Co-sharer -- Rights and liabilities of co-sharers inter se are : (1) A co-owner has interest in the whole property and also in every parcel of it. (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession. (3) A mere occupation of a larger portion or even of entire joint property does not..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- As substituted by Punjab & Haryana High Court on March 25, 1975 - Not inconsistent with provisions of Code as amended by Amendment Act, 1976 - Does not stand repealed - If a rule or sub-rule in Schedule I of Code was amended or substituted by a High Court before Amendment Act, 1976, the amended or substituted rule does not..........
Punjab Land Reforms Act, 1972, Section 17 -- Surplus area finally determined under Punjab Law or Pepsu Law-Cannot be challenged on the ground of being inconsistent with provisions of Punjab Land Reforms Act - Section 17 not applicable...........
Punjab Land Reforms Act, 1972, Section 28(2)(iii) -- Surplus area already determined under Punjab Law or Pepsu Law - Cannot be taken as inconsistent with provisions of Punjab Land Reforms Act...........
Punjab Co-operative Societies Act, 1961, Section 55, 56, Punjab Co-operative Societies Act, 1961, Section 50, Arbitration Act, 1940, Section 19, 46 - - Powers of Registrar to transfer disputes from one arbitrator to another, or to withdraw the same from the arbitrator already appointed and to decide the case himself or to entrust the same to other newly appointed..........
