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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1975
Details

Punjab Tenancy Act, 1887, Section 4(17) -- 'Agricultural year' - Lease granted for one year - Period expressed in writing - Year will have to be taken as calendar year - Punjab Gram Panchayat Act (4 of 1953), Sections 6(5)(1) and 3(u).
It is no doubt true that sub-section (17) of Section 4 of the Punjab Tenancy Act defines the 'agricultural year' as to be commencing..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1974
Details

East Punjab Utilisation of Lands Act, 1949, Section 6, 7, 3, 4, 5 - - Interpretation of Sections 6 and 7 - Competency of landowner to make application under Section 6 No bar on Collector restoring possession to landowner even before expiry of 20 years - Landowner has locus standi to make application to Collector for determination of lease on ground of default of lessee in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1974
Details

East Punjab Utilisation of Lands Act, 1949, Section 14, 6 - - Landowner whose request for determining lease on the ground that lessee had committed default in carrying out terms of lease rejected by Collector - Whether a 'person aggrieved' who can file an appeal under Section 14 - Landowner has right to appeal to Commissioner against order of Collector refusing to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1974
Details

East Punjab Utilisation of Lands Act, 1949, Section 7 - - Words "on the expiry of the lease" in Section 7 - Meaning of - Denote stage When land ceases to be under tenancy of any person - Omission of words "or its earlier termination" from Section 7 - Does not mean landowner has no right to request Collector for restoration of land before expiry of 20 years.
The words..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1974
Details

East Punjab Utilisation of Lands Act, 1949, Section 3, 4, 5, 6, 7 - - Scheme of the Act -
Under Section 3 of the Act, the Collector can take possession of any land which has not been cultivated for six or more harvests after issuing notices to the landowners - The payment of compensation has to be made to the landowner under Section 4 of the Act and under Section 5 of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1974
Details

Land Acquisition Act, 1894, Section 4 -- Publication of substance of notification in the locality - Entry in Roznamcha Waqiati of Patwari of proclamation by beat of drum - No mention of place where proclamation made - Notification under Section 4 void.
The proclamation, in order to be effective, has to be made at convenient places in the locality where the land is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1974
Details

Land Acquisition Act, 1894, Section 5A, 6, 4 -- Notification under Section 6 within 30 days of proclamation of substance of notification in the locality under Section 4 - Violates Section 5A - Landholders deprived of opportunity to file objections under Section 5A(2) - Section 6 notification quashed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1974
Details

Punjab Co-operative Societies Act, 1961, Rule 26 -- Enquiry whether a member has incurred any disqualification - Must be done by Registrar - Assistant Registrar not competent - Punjab Co-operative Societies Act (25 of 1961), Section 27...........

SUPREME COURT OF INDIA

Year of decision: 1974
Details

Civil Procedure Code, 1908, Section 141 -- Applicability of provisions of the code to writs - Held, that `Section 141 of the Code, to which reference has been made, makes it clear that the provisions of the Code in regard to suits shall be followed in all proceedings in any court of Civil jurisdiction as far as it can be made applicable. The words `as far as it can be made..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 1974
Details

Punjab Land Revenue Act, 1887, Section 31, 44 -- Shajra Nasab - Included in record of rights - Presumption of truth attaches - Entries if on the face of it appear to be erroneous - Court would be justified in not accepting them.
Shajra Nasab (pedigree table) is prepared at the time of Settlement and according to Section 31 of the Punjab Land Revenue Act is included in..........

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