Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Dispute relating to some other land even though between the same parties (i. e. between same landowner and tenant) - Cannot be made a ground for nonpayment of rent in respect of a different piece of land...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g)(4) -- Encroachment on village pathway (rasta) - Suit in Civil Court for mandatary injunction requiring defendant to remove obstruction and not to make further encroachment - Plea that in view of Section 2(g)(4) streets, lanes etc. included within definition of "Shamilat Deh" and under Section 13 Civil..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Removal of obstruction from a village pathway (rasta) - Cannot be decided by Assistant Collector 1st Grade under Section 7 even though village pathway vests in Gram Panchayat - A person can move Civil Court - Section 7 not enacted for deciding such matters - Does not bar jurisdiction of Civil Court...........
Punjab Municipal Corporation Act, 1976, Section 343, 357 -- Renewal of licence - Discretion to be exercised to effectuate policy of Act - No act committed by licensee which calls for revocation or suspension of licence - Renewal ought to be granted when demand made for the purpose...........
Punjab Municipal Corporation Act, 1976, Section 357and, 343 -- Licence granted by Corporation to run specified business - Not a bare licence - Statutory provision made in Section 357(3) for revocation or suspension of licence under the Act and Corporation cannot act otherwise than in conformity with those provisions - None of the grounds mentioned in subsection (3) of..........
Punjab Municipal Corporation Act, 1976, Section 396(3) -- Maintainability of suit without notice - Term injunction used in sub section (3) does not make any distinction between prohibitory as well as mandatory injunction - Suit for permanent injunction restraining Municipal Corporation from revoking or cancelling licence or otherwise interfering in working of machines -..........
Punjab Municipal Corporation Act, 1976, Section 395, Civil Procedure Code, 1908, Section 9 -- Public bodies created by a statute for a public purpose - Cannot act arbitrarily - Have to conform to terms of statute under which those have been created...........
Punjab Municipal Corporation Act, 1976, Section 396, 357 -- No act committed by grantee which calls for revocation or suspension of licence - Refusal to renew licence - Arbitrary - Corporation cannot be said to be acting or purporting to act under the Act - Suit for grant of mandatory injunction for renewal of licence without giving requisite notice under Section 396 -..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 181 -- Encroachment more than 30 days old on public street - Action under Section 181 by Municipal Committee - Not competent...........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 181, 2(23) -- Municipal Commit tee issued notice for removal of encroachment on public street - Suit in Civil Court for permanent injunction to restrain Municipal Committee from demolishing alleged encroachment - Court found encroachment on public street was there for more then 30 years - Municipal..........
