Punjab Town Improvement (Utilisation of Land and Allotment and Plots) Rules, 1983, Rule 4, Constitution of India, 1950, Article 14 -- Proviso No. 3 - Allotment of plots by Government out of discretionary quota - A large number of persons allotted plots in various Urban Estates in Punjab although they are residents of Chandigarh, New Delhi or other large cities in Punjab -..........
Punjab Town Improvement (Utilisation of Land and Allotment and Plots) Rules, 1983, Rule 4(ii), 4(iii), 4(iv), 4(v), 4(vi) -- Constitutionality of - Reservation of plots provided in clause (ii) for Freedom Fighters and Political Sufferers, in clause (iii) for Defence Personnel, Border Security Force Personnel, Member of Central Reserve Police Force, Ex-Servicemen and War..........
Punjab Town Improvement (Utilisation of Land and Allotment and Plots) Rules, 1983, Rule 4 -- Notification No. 5/537/3CH-88/1604 dated 31.1.1989, clauses (i), (ii) and (iii) - Validity of - Discretionary allotment of plots to category (i) persons or their dependents who suffered at the hands of terrorists or rioters (1984 riots), category (ii) persons who distinguished..........
Punjab Land Revenue Act, 1887, Section 13 -- Appeal - Dismissal in default - Restoration application also dismissed in default - Wilfully absent not once but twice - No option but to dismiss both times in default of absence - Merely adopted dilatory tactics - Ex parte order upheld...........
Punjab Land Revenue Act, 1887, Section 16, 116 -- Partition proceedings taken place in the presence of parties - Never raised any issue challenging partition during pendency of proceedings - No procedural illegality in partition proceedings which attained finality - Only interested to prolong and delay partition - Interference in revision declined...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand to Tribunal under Punjab Town Improvement Act by two different judgments of Supreme Court - Supreme Court in earlier judgment while remanding the matter had duly taken note of other questions raised in the appeal and had left them open - These questions were neither decided by Supreme Court nor disallowed on any..........
Specific Relief Act, 1963, Section 19(b) -- Agreement to sell - Subsequent purchaser without notice of earlier agreement - Subsequent purchaser was having knowledge of earlier agreement to sell - Subsequent sale deed and earlier agreement to sell scribed by the same deed writer as such this fact also establishes that subsequent vendee was having knowledge of earlier..........
Punjab Tenancy Act, 1887, Section 4, 5, 6, 7, 8, Evidence Act, 1872, Section 17, 18 -- Mere assertion on the part of defendants that they were tenants over the land in dispute and continued to be so from their fore - fathers - Would not amount to admission with regard to title of plaintiffs of the property in dispute when neither mentioned that defendants are tenants under..........
Punjab Land Revenue Act, 1887, Section 78, 158 -- Person who claims himself not liable to make payment of land revenue - Cannot file suit in Civil Court without first depositing arrears of land revenue, otherwise jurisdiction of Civil Court barred as per Section 158 - Challenge to order of Revenue Authorities can be made only if arrears of land revenue deposited first and..........
Punjab Land Revenue Act, 1887, Section 3(8) -- Lambardar who failed to deposit arrears of land revenue collected by him - Liable to be declared a `defaulter' under the Act - Definition of defaulter includes a village officer (Lambardar) who collects land revenue or any other sum recoverable as land revenue and does not pay the same to State Government...........
