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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Tenancy Act, 1887, Section 84 -- Revision - Period of limitation - No statutory provision - Revision petition cannot be dismissed on ground of being time-barred - Revisional authority can refuse to entertain revision petition after undue delay - Punjab Security of Land Tenures Act (10 of 1953), Section 24. (Paras 8, 9, 10, 11, 12, 13)..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Constitution of India, 1950, Article 226 -- Writ jurisdiction - Question of limitation decided by Financial Commissioner - Can be successfully challenged in certiorari proceedings - High Court can go into question of limitation - Punjab Tenancy Act (16 of 1887), Section 84. (Paras 8, 9, 10, 11, 12, 13)..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Limitation Act, 1963, Section 5 -- Wrong advice given by counsel - Sufficient cause for condoning delay - Punjab Tenancy Act (16 of 1887), Section 84...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Security of Land Tenures Act, 1953, Section 5(3), 5B(1) -- Landowner exercised right of reservation of permissible area - Precluded from making any variation in selection...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Co-operative Societies Act, 1961, Section 26A -- Election of President and Vice-President of Co-operative Society - Co-option of other members - A must when necessary directions under Section 26 A issued to C o-operative Society by Registrar - No directions issued to Cooperative Society as contemplated under Section 26-A - Without co-option election of President and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Constitution of India, 1950, Article 226 -- Writ jurisdiction - Alternative remedy - Not availed of - Remedy under the Act more efficacious - No reason shown why remedies under the Act by-passed - Precluded from claiming any relief under extra-ordinary jurisdiction of High Court - Punjab Co-operative Societies Act (25 of 1961), Sections 55(2)(c), 69 and 26-A.
The..........

SUPREME COURT OF INDIA

Year of decision: 1976
Details

Punjab Tenancy Act, 1887, Section 4(5) -- Cultivation by tenant recorded in revenue records - Khasra Girdawaris do not show payment of any rent - Absence of payment of rent or contract between landowner and tenant absolving tenant of liability to pay rent - Cannot be treated as tenant - Punjab Security of Land Tenures Act (L0 of 1953), Section 2(6) and 2(3).
Where it..........

SUPREME COURT OF INDIA

Year of decision: 1976
Details

Punjab Security of Land Tenures Act, 1953, Section 2(8) -- Banjar land - Landowner claiming exclusion - Must prove that at relevant date land not put to any agricultural purpose or a purpose subservient to agriculture or used for pasture.
A landowner who wishes to claim the benefit of the exclusion of 'banjar qadim' or 'banjar jadid' land from the purview of land has to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Co-operative Societies Act, 1961, Section 55, 56 -- Election of Managing Committee of Co-operative Society - Dispute as to - Referred to Arbitrator - Every individual member of Managing Committee - Must be served with notice of allegations levelled against him - Notice sent to President and Cashier of Co-operative Society - Award of Arbitrator only binds those duly..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Security of Land Tenures Act, 1953, Section 25, 10A(b) -- Utilisation of surplus area after death of original big landowner - Heirs not big landowners - Covered by Section 10-A(b) - Order of utilisation and possession in favour of allottee-tenants made, passed and implemented after death of original big landowner - Cannot be said to have been taken or made "under..........

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