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PUNJAB & HARYANA HIGH COURT FULL BENCH

Year of decision: 1982
Details

Punjab Gram Panchayat Act, 1992, Section 9(4) -- No-confidence motion - Application under Section 9(3) made on 29th September, B. D. & P. O. issued notices on 4th October for convening meeting on 14th October - Meeting convened within prescribed period of 15 days under Section 9(4) - IS81 P. L. J. 538 D. B. not attracted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Punjab Gram Panchayat Act, 1992, Section 105(2) -- Sarpanch held liable for loss caused in Panchayat funds - Plea that expenditure incurred in consequence of resolutions passed by Gram Panchayat, therefore Sarpanch cannot be fixed with individual liability for the amounts - Not tenable - Mere fact that there are resolutions of Panchayat- Does not absolve Sarpanch of his..........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1982
Details

Punjab Land Revenue Act, 1887, Section 13 -- Appeal in lambardari case - Choice made by Collector - Cannot be lightly ignored - Collector being incharge of district administration his preference has to be given weight unless very good reasons to upset his choice - General grounds - Not sufficient to annul choice of Collector...........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1982
Details

Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Factors : (i) bigger land holding, and (ii) twice choice of Collector-Very weighty circumstances - Cannot be lightly ignored...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Punjab Town Improvement Trust Act, 1922, Section 36, 42 -- Challenge to Development and Expansion Scheme - Notices under Section 36 issued in 1971 and Notification under Section 42 issued in 1972 - Non-publication of notices under Section 36 in Official Gazette - Contention that publication of notice under Section 36 in Official Gazette sine qua non of proceedings and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Punjab Redemption of Mortgages Act, 1913, Section 13 -- Scope of - Does not require that order should have been passed on merits - Application for redemption of land - Objection by mortgagee that land mortgaged under two separate transactions and insufficiency of amount deposited by mortgagor - Collector after enquiry held that amount payable under second mortgage not..........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1982
Details

Punjab Tenancy Act, 1887, Section 8, 77(3)(d) -- Occupancy rights on ground of continuous possession for long period - Suit under Section 8 filed before land acquisition notification' - Rights of parties to be seen as on the date suit filed in Revenue Court - Subsequent events (Notifications and Award under Land Acquisition Act) will not unsettle rights - Relationship of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Con stitutionality of - Challenge that Section 13 ultra vires as under Section 11 no guidelines provided for Collector to decide whether land Shamilat or not - Not tenable - Guideline given to Section 2(g) as also Sections 3 and 4 - Collector has to decide strictly on that basis - Section 13 is intra vires...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Remedy against order of Collector passed under Section 7 - Either by filing a writ Petition in High Court or application under Section 11 wherein question of title can be gone into...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 7, 11 -- Shamilat land, dispute has to - No scope left for entertainment of a suit by a Civil Court - Jurisdiction exclusively conferred on Collector either under Section 7 or Section 11...........

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