Mines and Minerals (Regulation and Development) Act, 1957, Section 3(i) -- Mines Act (35 of 1952), Section 2(1)(j) and 2(1)(kk) - Bajri, Kankar, stones, sand gravel etc. brought on privately owned lands by reason of river being in flood - Does not get embedded in earth but only gets deposited - Removal not in the nature of mining operatio, Clearing of lands not excavation..........
Punjab Gram Panchayat Act, 1952, Section 102(2) -- Order of suspensio, Can be passed any time after enquiry is ordered - Starting point of enquiry - Order of enquiry by Director of Panchayats. The order of enquiry by the Director is the starting point of the enquiry and the order of suspension can be passed any time after the enquiry is ordered under Section 102(2) of the..........
Punjab Gram Panchayat Act, 1952, Section 102(2) - - Removal of Panch for acts done or omitted to be done during term of office immediately preceding - Competent. A provision has been made by the insertion of Provisos to sub-section (2) of Section 102 of the Punjab Gram Panchayat Act by Punjab Act No, 16 of 1968, that nothing in the sub-section shall debar a Government from..........
Punjab Co-operative Societies Act, 1961, Section 67A - - Constitutionality of - Not ultra vires - Constitution of India, 1950, Article 14. Where it was contended that Section 67-A of the Punjab Co-operative Societies Act as added by Haryana Act No. 15 of 1973 is violative of Article 14 of the Constitution inasmuch as it provides different procedure for recovery of certain..........
Land Acquisition Act, 1894, Section 4 -- Notification under Section 4 - Non-publication of one Khasra number - Entire notification to be set aside. Requirement of Section 4 of the Land Acquisition Act is that public notice of the substance of the notification has to be given at convenient places in the locality. The Khasra numbers of the land sought to be acquired are the..........
Punjab Security of Land Tenures Act, 1953, Section 25 -- Scope of - Collector Agrarian determining surplus area without informing persons recorded as owners in revenue records - Over - steps his jurisdictio, Civil Court's jurisdiction to declare order of Collector ultra vires - Not barred. Where in a suit for a declaration that the order declaring surplus area passed by..........
Punjab Security of Land Tenures Act, 1953, Section 10A -- Gift of land before coining into force of Act - Report made to Patwari duly entered in roznamcha - Donees become owners from the date when entry regarding gift made in rapat roznamcha - Transfer of Property Act (4 of 1882), Section 122. Where the donor (landowner) made a gift of some of his land on October 24, 1952,..........
Punjab Co-operative Societies Act, 1961, Section 26(I -- D) and 29 - After expiry of six months of appointment of Administrator - Automatically ceases to hold office - Not competent to pass orders in connection with affairs of the Society - Becomes functus officio - Section 29 cannot be pressed into service to claim immunity for acts done by Administrator after the expiry..........
Punjab Co-operative Societies Act, 1961, Section 29 -- Scope of - Applies to the case of Officer whose appointment was either defective or was disqualified for appointment to begin with. Section 29 of the Punjab Co-operative Societies Act shorn of unnecessary surplusages, means that no act of an Officer of a Co-operative Society shall be deemed to be invalid by reason only..........
Punjab Co-operative Societies Act, 1961, Section 27, 20) -- Punjab Co-operative Societies Rules, 1963 - Rules 25 and 26 - Jurisdiction of Assistant Registrar to take action under Rules 25 and 26 - Specific powers must be conferred - Unless that is done not open to Assistant Registrar to exercise any of the powers of Registrar under Section 27(1)(b) A plain reading of..........
