Punjab Gram Panchayat Act, 1992, Section 26 -- As in Haryana - Resolution once passed by Gram Panchayat in terms of provisions of Section 26- Shall remain in force in future - No liquor vend can be established within territory of Gram Panchayat thereafter unless condition of Clause (5) of Punjab Intoxicating License and Sale Orders 1956, obtained and are satisfied - Gram..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11, 4(1) -- Question whether property or any right or interest therein is or is not Shamilat Deh vested in Gram Panchayat - Civil Court has no jurisdiction to decide - Share of evacuees in Shamilat land of village from which Muslims had migrated - Does not vest in Custodian - Ownership of such land of Gram..........
Punjab Gram Panchayat Act, 1992, Section 26(3) -- Proviso - Government is deciding authority in regard to resolution of Gram Panchayat being binding or not- Has to afford opportunity of hearing to Gram Panchayat - Power of Government in Proviso not of Appellate Officer - Opinion of Excise and Taxation Commissioner - Only tentative and not a decision - Government to resolve..........
Punjab Gram Panchayat Act, 1992, Section 26(3) -- Proviso - Before forming opinion ignoring resolution of Gram Panchayat to enforce prohibition - Duty of Excise and Taxation Commissioner to hear Gram Panchayat...........
Punjab Gram Panchayat Act, 1992, Section 26 -- Gram Panchayat given power to enforce prohibition - To take away binding effect of resolution of Gram Panchayat to enforce prohibition - Opinion to be recorded by Excise and Taxation Commissioner - If no such opinion to record - Subsection (3) of Section 26 requires Excise and Taxation Commissioner to obey resolution of Gram..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6, Specific Relief Act, 1963, Section 34 -- Suit for a mere declaration - Plaintiff entitled to further relief of mandatory injunction - Failure to claim - Suit not maintainable as a mere declaratory decree not executable - Suit for declaration that plaintiff a bona fide auctio, purchaser of trees standing in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, 2(g)(4) -- Property shown as Shamilat Deh Rasta for common use of residents of locality - Vests in Panchayat - A no, proprietor as a resident of locality of village- Entitled to use pathways - Being not proprietor in the village would not take away the right to use common places set up in the village...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g)(4), 11 -- Suit in Civil Court for possession of property encroached upon by Gram Panchayat- Gram Panchayat claimed site in dispute a street being used by inhabitants - Street included in Sbamilat Deh under Section 2(g)(4) - Subject - matter of suit falls within jurisdiction of Collector under Section 11 -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit in Civil Court for declaration and permanent injunction - Gram Panchayat not made a party - Suit land Bartane aam of entire village community reserved for their common purposes - Falls within definition of Shamilat Deh - Vests in Gram Panchayat - Suit not maintainable in view of provisions of Section..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11(2) -- Commissioner while exercising powers under the Act - Cannot look to interests of Panchayat on the mere fact that he holds a dual power additionally being a Joint Director of Panchayats - Must adjudicate (as impartial authority) upon matters as put by parties before him in that capacity, uninfluenced by..........
