East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Amendment of Scheme - Provisions of Scheme to be amended neither referred to or reproduced nor manner in which concerned provisions to be amended mentioned in the order - Necessary inference - Additional Director neither conscious of particular provisions of Scheme which was..........
Interpretation of Statutes -- Provisions of a Statute if appear to be mutually inconsistent -Rules of interpretation: (i) principle of harmonious construction: Court should seek to avoid any conflict in provisions of a statute by endeavouring to harmonise and reconcile every part so that each shall be effective; (ii) special shall prevail over the general; (iii) the last..........
Civil Procedure Code, 1908, Section 141 -- As amended by Amendment Act - Explanation to S.141 CPC says that any proceeding under article 226 of the Constitution of the India does not come within the meaning of the word `Proceedings' occurring in S.141 CPC...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7A(1) -- Ejectment of tenant - Essential pre-requisite - Tenancy must be subsisting on 30th October, 1956 - Tenancy if did not subsist on crucial date - Landowner cannot seek ejectment of tenant under Section 7-A(1) - Small landowner cannot claim eviction under Section 7-A(1)(b) if tenant not on the land as a tenant..........
Punjab Land Reforms Act, 1972 - - Constitutional validity of - Act included in Ninth Schedule as Entry 78 by Constitution (34th Amendment) Act, 1974 - Entitled to immunity conferred by Article 31-B - Act constitutionally valid - Does not suffer from any of the constitutional infirmities alleged in the writ petitions...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8, 7 -- Tenant brought on land after October 30, 1956 - Ejectment of - Section 8 affords additional ground of ejectment - Tenant can be ejected after expiry of three years without proving any of the conditions specified in Section 7.Per B. S. Dhillon, J. (Majority view)Section 8 of the Pepsu Tenancy and Agricultural..........
Punjab Pre-emption Act, 1913, Section 31 -- Applicability of - Not necessary that a specific plea should be taken by any party or that there should be a specific issue on the point - Duty cast upon Court not to pass a decree in a suit for pre-emption inconsistent with provisions of Punjab Preemption Amendment Act, 1960 - Court bound to perform its own duty as enjoined by..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5) -- Proviso as applicable to Punjab State - Omitted by Punjab Village Common Lands (Regulation) (Amendment) Act, 1976...........
Punjab Gram Panchayat Act, 1952, Section 13OO - - Object - To bring law governing Panchayat election a' par with general law of elections in the country - Provisions of Section I3-N(1) and Section 13-O(2) prior to Amendment Act 12 of 1976 - Caused hardship in some cases where difference of votes very small...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after addition of parties - Defendant impleaded on their own initiative - Necessary to specify the defendants against whom the relief were claimed - O.1.R.10(4) CPC provides that where a defendant is added, the plaint shall, unless the court otherwise directs,..........
