Administration of Evacuee Property Act, 1950, Section 11(1), 4, 2(f) , Article ZZZ, Order ZZZ, Rule ZZZ, Rule ZZZ -- S.4 holds paramountcy - So long as conditions imposed u/S.11(1) not fulfilled - S.15 of Wakf Act not attracted because of predominance of S.4 - Evacuee property, which being a religious trust treated as Wakf under Muslim Law, vested in Custodian - Till..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Objection regarding : (a) jurisdiction of Civil Court; and (b) maintainability of suit in view of certain statutory bars - Raises question of law - Should be tried as preliminary issues...........
Punjab Security of Land Tenures Act, 1953, Section 5B(2), 2(4), 2(5a), 5(1), 5(3), 5A, 5B(1), 5C -- Jurisdiction of Collector to amend or vary selection of permissible area made by landowner - Scope of...........
Punjab Security of Land Tenures Rules, 1953, Rule 2 -- Annexure A - Valuation Statement relating to Karnal District-Constitutionality of - Not ultra vires the Act - Rule-making Authority has not in any way either departed from principles mentioned in sub-section (5) of Section 2 of the Act or violated the guidelines contained therein - Punjab Security of Land Tenures Act..........
Punjab Security of Land Tenures Rules, 1953, Rule 2 -- Annexure A - Land if does not fall in any of the heads of classification mentioned - Does not mean it will carry no value - Sailab and Adna Sailab lands in Karnal District - Carry no valuation according to classification made under the Rules - Revenue Authorities treated such lands at lowest category - Not wrong...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff in possession of land in whatever capacity even if a trespasser - Entitled to relief of ad interim injunction restraining defendant (alleged true owner) from dispossessing except in due course of law - Non-granting of temporary injunction would only indicate a licence to true owner to..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Revision against order declining to grant temporary injunction - Objection to maintainability of revision - Order wholly unsustainable being in disregard of principles for granting of temporary injunctions - Can even be styled as illegal - Interference justified...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 3, 4, 5(1), 2(g) -- Abadi Deh area - Applicability of Act - Abadi Deh area excluded from definition of Shamilat Deh in S.2(g) barring objects of `public utility' included in sub-clause (g)(iv) of S.2 and similarly third proviso to S.5(1) excludes Abadi Deh - Does not mean that Act does not apply at all to Abadi..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - suit against gram panchayat - Jamabandi entry 1969-70 favourable to Gram Panchayat - in latest Jamabandi 1974-75 Gram Panchayat does not figure at all - entries made by Gram Panchayat at in their own registered and affidavit of Gram Panchayat in regard to ownership - rightly ignored - temporary..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 2(bb) -- Scheme in which land of proprietors reserved for providing plots to non-agricultural labourers - Illegal - Land cannot be taken from right-holders for the purpose of giving plots to non-agricultural labourers...........
