Punjab Security of Land Tenures Act, 1953, Section 25 -- Scope of - Bar under Section 25 very much restricted - Order if merely wrong, illegal, or invalid but passed "under the Act" - Jurisdiction of Civil Court barred by Section 25 - Order or proceedings if cannot be made or taken "under the Act" - Section 25 not applicable - Jurisdiction of Civil Court not barred...........
Punjab Security of Land Tenures Act, 1953, Section 10A -- Clause (b) over-rides Clause (a) - Land which ceased to be surplus on account of acquisition (i) by State, or (ii) by heir by inheritance - Saved from operation of Clause (b)...........
Punjab Security of Land Tenures Act, 1953, Section 25, 10A -- Order of utilisation and possession in favour of allottee-tenants made, passed and implemented after death of original big landowner - Heirs not big landowners - Remedies available : (i) under Section 10-A read with Rule 6, and (ii) civil suit - Not approaching Authorities under the Act for relief - Does not bar..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -as added by Haryana Act No. 34 of 1974 - Constitutionality of - Ultra vires - Assistant Collector conferred arbitrary and unguided powers to set aside decrees of Civil Court - Safeguard provided in sub-section (3) - Not sufficient - Enables Assistant Collector to discriminate - Assistant Collector empowered..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- as added by Haryana Act No. 34 of 1974 - Transfer of suits from Civil Court to Assistant Collector 1st Grade - Two essential requirements: (i) suit should be for exclusion of land from Shamilat-deh, and (ii) suit should be against the Panchayat - All cases relating to Shamilat-deh pending in Civil Court -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- as added by Haryana Act No. 34 of 1974 - Sitting aside of decrees of Civil Court - Legislature cannot declare judgment of Court to be void or not binding - Can be done by Amending Law so as to nullify effect of judgment.
It is a well-known canon of law that the Legislature and the Judiciary have their..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- as added by Haryana Act No. 34 of 1974 - Scope of - Appeals pending before appellate Court - Cannot be transferred to Assistant Collectors or Collectors - Collector not authorised to set aside decrees passed by Civil Court - Appeals not covered by Section 13-B.
The language used in Section 13-B..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- as added by Haryana Act No. 34 of 1974 -Transfer of pending suits - Without notice and hearing to affected party - Illegal - Proper course - Court should issue notice of application for transfer and decide it in the presence of and after hearing the parties.
The suit under Section 13-B cannot be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- as added by Haryana Act No. 34 of 1974 - Validity of - Challenge on the grounds: (i) procedure in Amendment Act impinged against provisions of Civil Procedure Code, and (ii) provision for different period of limitation than that provided in Limitation Act - Amendment Act got approval of President of India -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- as substituted and Section 13-B as added by Haryana Act No. 34 of 1974 - Civil Court jurisdiction to decide whether land is Shamilat or not - Specifically excluded - Matter can be adjudicated only by Assistant Collector 1st Grade.
Section 13-B provides for transfer of pending suits in Civil Courts for..........
