Punjab Gram Panchayat Act, 1952, Section 21, 104(2) -- Notice issued by Gram Panchayat under Section 21 to remove encroachment - Per se does not prove land on which encroachment alleged to be made had vested in Gram Panchayat or was a public place - Title to property of alleged encroachment if disputed - Proper forum for adjudication - Civil Court - Suit in Civil Court..........
Civil Procedure Code, 1908, Section 115 -- Defendant has no right of revision against the decision of adequacy of court fee, unless it affects jurisdiction of the court - Held that `the defendant has no right of revision against the decision on adequacy of court-fees by the trial court unless it affects jurisdiction of the Court. He can do so only against an order passed..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3 -- Widow inherited occupancy rights - Acquisition of proprietary rights by widow under Section 3 - Widow becomes full owner - Property becomes self-acquired - Widow has absolute authority to alienate in any manner - Death of widow - Property not to revert to heirs of widow's husband - To be in..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 13, 1(3) -- Punjab Government Notification No. 10978-D-49/7553 dated 19-12-1949 issued under Section 1(3) - No other Notification issued under Section 1(3) - Section 13 has not yet come into force.
The extent of the East Punjab Holdings (Consolidation and Prevention of Fragmentation)..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 13, 35, 1(3) -- Applicability of Section 13 - So long as necessary steps under Section 35 not taken - Section 13 does not come into operation - Applicability of Chapter II - Not till consolidation of holdings fully and completely effected and steps thereafter taken under Section..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 13, 2(c), 2(i), 3, 4, 5 -- Word "fragment" in Section 13 - Not yet specified - "Standard area" to which bar in Section 13 is to apply - Does not come into existence,..........
Land Acquisition Act, 1894, Section 23(1) -- 'thirdly' - Acquisition of a part of holding resulting in fragmentation of total holding - Landowner entitled to claim damages - Clause thirdly of Section 23(1) contemplates payment of damages for severing acquired land from other land - East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act (50 of 1948),..........
Northern India Canal and Drainage Act, 1873, Section 35(4) -- Suo motu revisional powers of Financial Commissioner - Scope of - Where a party brings to his notice any illegality committed in imposing special rate - Filing of revision petition by aggrieved party - -No bar to Financial Commissioner taking suo motu notice of illegalities committed in imposing tawan.
With..........
Northern India Canal and Drainage Act, 1873, Section 33 -- Mandatory - Imposition of special rate for unauthorised use of water - Condition precedent - Finding by Collector on basis of summary enquiry under Rule 33-A that person by whose act or neglect such unauthorised use had occurred could not be identified - No finding given by Collector before imposing special rate -..........
Northern India Canal and Drainage Act, 1873, Section 35(4) -- Imposition of tawan - Revision time-barred - Collector or Commissioner if acted contrary to law or beyond their competence - Financial Commissioner not barred from taking suo motu notice of illegalities or irregularities.
The only reasonable interpretation of Section 35(4) of the Northern India Canal and..........
