Land Acquisition Act, 1894, Section 4(1), 17(4) -- Delay of 10 days in publication of substance of notification in locality - Plea that since applicability of Section S-A dispensed with under Section 17(4) unnecessary that interested parties informed of requisite information of acquisition proceedings immediately as landholders not entitled to file objections under Section..........
Custom --Ancestral property bequeathed by will - Parties governed by Custom of Rohtak District - Sister of testator challenged will - No legal right to challenge alienation in view of Full Bench judgment in Rati Ram's case, A. I. R. 1981 Pb. & Har. 376, and provisions of Section 6 Punjab Custom (Power to Contest) Act...........
Punjab Urban Estate (Development and Regulation) Act, 1964, Section 11A - - Scope of - Cancellation of allotment of plot - Cannot be done by invoking powers under Section 11-A - Allotment of plot - Per se does not amount to sale or transfer thereof in favour of allottee - Allottee cannot be treated a transferee of plot - Section 11-A can be invoked to cancel sale, lease..........
Press Note of 1962 -- Does not set up any hierarchy of tribunals specially empowered to deal with the rights and obligations of parties - Rules incorporated in Press Note do not exclude jurisdiction of Civil Courts either expressly or impliedly - No rule in Press Note excluding jurisdiction of Civil Court to adjudicate upon disputes relating to rights and liabilities of..........
Land Acquisition Act, 1894, Section 4, 6 -- Successive notifications since 1972 under Section 4 - 1981 notification under Section 4 challenged in 1983 - Objection that notification under Section 6 would be issued within permissible period of 3 years and hence notification under Section 4 cannot be quashed - No plausible and convincing explanation forthcoming for inordinate..........
Punjab Tenancy Act, 1887, Section 4(5) -- Jamabandi entry of tenant-at-will without any payment No conclusion of possession as tenant can be drawn - Punjab Land Revenue Act, Section 44...........
Punjab Land Revenue Act, 1887, Section 44 -- Mutation, presumption of truth - Identity of person disputed -who is stated to have appeared before Revenue Officer - No presumption as to identity of such person - No corresponding entries made in revenue record - Presumption attached to official act stands rebutted - Evidence Act, Section 35...........
Land Acquisition Act, 1894, Section 12, 31(3) -- Land Acquisition Collector by his Award allowed in terms of Government Instructions to claimants (plot-holders) plot for plot by way of compensation - Collector's direction in the Award in view of Section 31(3) intra vires and binding on State Government - Claimants (plot-holders) entitled to consideration of their claim for..........
Punjab Town Improvement Trust Act, 1922, Section 44A - - True interpretation and import - Section 44-A inflexibly provides period of 5 years for completion and accomplishment of Scheme from date of its notification under Section 42 unless duly extended by State Government under Proviso to Section 44-A - Legislature fixed two clear cut termini : (i) with regard to sanction..........
Haryana Canal and Drainage Act, 1974, Section 25 -- Suit in Civil Court for permanent injunction restraining defendant from digging any Khal in the land of plaintiff - Finding that Khal sanctioned by Canal Authorities - No civil suit in respect of dispute regarding Khal would lie in view of bar contained in Section 25 - Jurisdiction of Civil Court to entertain suit -..........
