East Punjab Utilisation of Lands Act, 1949, Section 7, 3, 4, 5 -- Collector statutorily bound to deliver possession to landowner or be responsible for payment of damages-Under Section 3 Collector can take possession of land from owner if it had not been cultivated for the last 6 or more harvests - Section 4 provides for payment of compensation on taking..........
Pepsu Tenancy and Agricultural Lands Act, Section 7A(2) -- Ten ant - (j) in possession of land immediately preceding commencement of President's Act on December 3, 1953, and (ii) held any land continuously for 12 years or more under same landlord or its predecessor m title-Can-not be ejected on grounds specified in sub-section (1) of Section 7-A from any area of land if..........
Transfer of Property Act, 1882, Section 58, 83, M.P.Accommodation Control Act, 1961, Section 12(1) -- Tenant - Becoming mortgagee under a mortgage deed - Redemption - No stipulation in mortgage deed that on redemption mortgagee would lose his status as tenant - On redemption status of tenant would survive - Putting an end to tenancy right by resorting to contract would be..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance for children during the pendency of litigation and after final decree - A specific right has been granted to the children to claim maintenance in their own right under S.26 of the Act - Even mother can claim maintenance on behalf of minor children alongwith her maintenance claimed under S.24 - Scope of Section 26 is..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance under Section 125 Cr.P.C. fixed at Rs.300/- p.m. - Held, the fixation of maintenance under section 125 Cr.P.C. can be taken note for assessing the maintenance pendente lite but the same cannot be the sole basis - Under S.125 Cr.P.C. maintenance is fixed keeping in view the maximum limit of Rs.5000/- p.m. but under section..........
Punjab Security of Land Tenures Act, 1953, Section 18, 9, 14A -- Maintainability of purchase application under Section 18 filed on 18.10.1972 after ejectment order passed by Assistant Collector 1st Grade on 21.10.1969 and Upheld by Collector on 31.12.1970 - Normally relationship of landlord and tenant deemed to have ceased to exist after kharif 1969 - Landlord in 1972 made..........
Land Acquisition Act, 1894, Section 23(1A) -- As added and Section 30(1) of Act 68 of 1984 - Retrospective operation - Does not apply to a case in which award of Collector made prior to April 30, 1982 - Applies only to cases falling within two cut off dates April 20, 1982 and September 24, 1984, and in which award of Collector made after April 30, 1982 - Section 23(1 - A)..........
Civil Procedure Code, 1908, Order 43, Rule 1, 1A, Civil Procedure Code, 1908, Order 23, Rule 11 -- No appeal lies under Section 96(3) from a decree passed by Court with consent of parties - Clause (m) of Rule 1 of Order 43 deleted by Civil Procedure Code (Amendment) Act 1976 with effect from 1.2.1977 and instead Rule lA inserted which provides appeal against a decree..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32FF - - Partition of joint Hindu family property in September, 1956 between father - M and sons - D, J and K, partitio, deed registered in January 1958 and in Jamabandi 1958 - 59 sons recorded as owners of land- Agrarian Authorities did not accept partition and order declaring surplus area in the hands of father - M..........
Punjab Gram Panchayat Act, 1992, Section 5(5)(m) - - Finding that elected candidate in illegal possession of street owned by Panchayat on the date of filing nomination paper and a year prior thereto - No evidence on record to reach at a conclusion that wall existed in disputed street which may amount to encroachment or unauthorised possession of elected candidate -..........
