Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- Person in unauthorised possession of village common land - Eviction of - Summary remedy provided under sub-section (2) of Section 7 - The only exclusive remedy and not supplemental or additional to ordinary remedy by way of suit - Panchayat gave land on Patta for one year - After expiry of that period..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, 7 -- Panchayat land - Provisions of Punjab Security of Land Tenures Act - Not applicable - Gram Panchayat is a 'local body' for purposes of sub-section (1) of Section 21 of Punjab Security of Land Tenures Act (10 of 1953)...........
Land Acquisition Act, 1894, Section 4(1) -- Word "locality" - Meaning of - Area which is sufficiently small and compact so that naming it or any publicity in that area amounts to a notice to all the inhabitants of the locality - Ordinarily a village would amount to specifying the locality unless shown that village specified much too large to be treated as a locality, there..........
Land Acquisition Act, 1894, Section 4, 6, 9, 23(1), 24 - - Challenge that acquisition not for bona fide need and notifications issued for collateral purpose of pegging down prices to date of notification under Section 4 and thus abuse of power - Facts : (a) Earlier notification under Section 4 allowed to lapse as no notification under Section 6 issued within prescribed..........
Punjab Security of Land Tenures Act, 1953, Section 18, 5B(2) -- Purchase application by tenant - Landowner neither reserved nor selected permissible area - Question of demarcation different from determining surplus area - When after declaration of surplus area there does not occur any change in possession - Landowner deemed to have selected to the extent permissible, his..........
Punjab Security of Land Tenures Rules,1956 -- Rule 6 sub-rules (6) and (7) - Lack of service of Form 'F' on landowner - Surplus area proceedings finalised in presence of landowner and particulars of land declared surplus shown to him and he signed statement in which details of surplus area given - Requirements of Form 'F' completely met when details of surplus area given..........
Himachal Pradesh Land Revenue Act, 1954, Section 129, 128, Punjab Land Revenue Act, 1887, Section 117, 116 -- Provisions of Section 129 should be read in continuation of previous provisions of Sections 124, 125, 126, 127 and 128 - Provisions of Section 129 attracted only if Revenue Officer satisfied under Section 128 that question of title exists...........
Punjab Land Revenue Act, 1887, Section 16 -- Revisio, Financial Commissioner's powers - Plenary - Does not envisage any such restriction as referred to in Financial Commissioners decisions in Gurdwara Patti Aminpur's case 1958 P. L. J. 5 and Ram Singh's case 1968 P. L. J. 8 - Financial Commissioner exercising revisional powers under Section 16 can go into questions of fact..........
Punjab Pre-emption Act, 1913, Section 15(2) -- Interpretation of - A tenant or a co-sharer has no right of pre-emption in cases falling squarely within sub-section (2) of Section 15 - Sub-section (2) of Section 15 is an independent self-contained provision and cannot be read as a mere proviso to preceding sub-section (1) - Full Bench judgment in Karta Ram's case 1970 P. L...........
Punjab Pre-emption Act, 1913, Section 15(2) -- Interpretation - In the event of failure for any reason whatsoever on the part of the pre-emptors listed under sub-section (2) of Section 15 to pre-empt the sale, the pre-emptors listed under sub-section (1) of Section 15 in the very sequence of priority would be entitled to lay a claim to pre-emption to a sale by vendors and..........
