Punjab Pre-emption Act, 1913, Section 3 -- Retrospective operation of Notification under Section 8 - Not illegal - Notification in respect of sale that had already taken place, so as to take away right of pre-emption that had already accrued - Section 8 itself envisages...........
Punjab Pre-emption Act, 1913, Section 8 -- Notification under Section 8(2) during pendency of pre-emption suit - Pre - emptor must possess right on date of sale, on date of suit and at least till date of decree of trial Court - Moment notification issued, even if considered prospective, pre emptor would not have right to pre-empt on date of decree because of notification..........
Punjab Pre-emption Act, 1913, Section 15, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Pre-emption originally sought on the ground of relationship (grandson of vendor) - Amendment after expiry of period of limitation claiming superior right of pre-emption being co-sharer - A valuable right accrued to vendee-defendant by lapse of..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Fourthly - As it stood before 27th February, 1986 date of decision in Atam Parkash's case 1986 P. LJ 191 - Expression "other co sharers" - Refers to only those co-sharers who do not fall under clause First or Secondly or Thirdly of Section 15(1)(b) - Pre-emptor falling either under clause First or Secondly - Not entitled to..........
Punjab Pre-emption Act, 1913, Section 15 -- Pre-emption on ground of relationship - Held to be ultra vires by Supreme Court in Atam Parkash's case 1986 P. L. J. 191...........
Punjab Pre-emption Act, 1913, Section 15(1), 15(2) -- Sale by a female - Covered by Section 15(2) - Section 15(2) as a whole struck down by Supreme Court in Atam Parkash's case 1986 P L. J. 191 and no more on statute book - Right of pre-emption available either to the tenant or a co-sharer - Co-sharer entitled to pre-empt sale made by a female...........
Punjab Pre-emption Act, 1913, Section 4 -- Vendee who associates himself in sale a stranger - Cannot resist claim for pre-emption on the basis of his own qualifications or status - Vendee sinks to level of stranger...........
Punjab Pre-emption Act, 1913, Section 21A -- During pendency of suit sale in favour of co-vendee - Improvement in status of vendee - Cannot affect right of pre-emptor...........
Punjab Pre-emption Act, 1913, Section 15(i)(a) - - Section 15 retrospective - Clause Fourthly in Section 15(1)(a) in existence at all relevant time - No right of pre-emption in tenant on date of sale - Right of pre-emption conferred on tenant before date of suit - Tenant presumed to have a right to pre empt on date of sale...........
Punjab Pre-emption Act, 1913, Section 15(1)(a) -- Thirdly - Ultra vires the Constitution...........
