East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Director, Consolidation has no jurisdiction to entertain an application under section 42 of the Act after 25 years of consolidation proceedings - He can entertain the same for limited matters at the instance of right holders at the time of consolidation and the persons acquiring..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Second appeal - entire matter revolving around reappreciation and reappraisal of evidence on record - Not legally permissible and is beyond the scope of second appeal...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 14, 42, 21(2) -- Mutation - Vide notification dt.20 Dec, 1996 issued under S.4 of the Act, repartition effected during the period 7 Dec. 1999 to 10th Dec., 1999 - Petitioners applied for mutation on 08.02.1995 of assets/holding in their favour and same was sanctioned on 17th Dec., 1999..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Application preferred by the State of Punjab - Petitioner has a right to contest the application - Service on the petitioner sought to be effected through affixation on the door of the house of the petitioner by chowkidar - Chowkidar stating that thumb impression, which finds..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Consolidation of holding - Petitioner claiming that his plot was divided into two parts and he was not allotted area in lieu thereof - Petition disallowed on the ground that he has sold his original area - Appeal - Appellant sold only one of two plots - Held, he is entitled to..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 14(1), Delhi Holdings (Consolidation and Prevention of Fragmentation) Rules, 1959, Rule 6 -- Consolidation of holdings - Issuance of notification for making scheme for the same - Petitioner challenging order of consolidation on ground that he has not been allotted land in extended abadi..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Application for allotment of path - Plea that due to bona fide mistake no passage was provided during consolidation proceedings - Respondent, from whose land the path was sought to be curved appeared and on the same day, after hearing the arguments, application allowed - Held,..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 44 -- Bar of Civil Court jurisdiction - Change of consolidation scheme without impleading and without notice to the affected parties in violation of mandatory provision of proviso to S.42 - Whenever principles of natural justice are violated, the order becomes nullity and civil..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 44 -- East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 - Delay - Condonation - Application u/s 42 of the Act to be made within six months of the date of order against which it is filed - Under the second proviso to R.18 competent authority..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 44 -- East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 - Delay of 25 years in making application u/s 42 of the Act - Long delay of 25 years cannot be condoned on the vague, general and specious ground advanced by applicant in his application...........
