Practice and Procedure -- Effect on remand order which attained finality directing lower authority to decide on the basis of judgment of High Court in earlier case which later on reversed by Supreme Court - Even orders which may not be strictly legal - Become final and binding between the parties if not challenged before superior Courts - Lower authority bound by order of..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Khewatdars (proprietors) filed petition under Section 42 against re-partition and prayed for partition of land owned by proprietary body but wrongly shown as Shamilat Deh- Land shown in revenue records as Shamilat Patti Hasab Pamana Hakiat, mutated in favour of Gram Panchayat in..........
Punjab Village Common Lands (Regulation) Act, Section 2(g)(y) -- Casts a duty upon a person claiming exclusion from the ambit of Shamilat Deh to prove that such land is not being used according to revenue records for the benefit of village community or for common purposes of the village, else such a land would fall within the ambit of Shamilat Deh...........
Land Acquisition Act, 1894, Section 18, 30, 31 -- Application for reference by legal representatives/legal heirs of deceased owner-Incumbent on the part of Collector to make a reference to District Judge-Power of Collector is limited-Acts as a post office in making the reference-Whether reference valid or not, whether persons claiming themselves to be legal heirs of..........
Punjab Town Improvement Act, Section 24, 28 -- Allotment of residential plots in Development Scheme - No provision in Punjab Town Improvement Act vide which approval of State Government essentially required by Improvement Trust before taking decision with respect to allotment of plots-Improvement Trust a statutory body and has powers to regulate a scheme for allotment of..........
Punjab Land Revenue Act, Section 111 -- Partition of joint-Khatas under one application-Requirement of commonality of share-holders in all Khewats and not uniformity of shares of all share-holders in such Khewats-For seeking partition of shares in more than one Khewat by a single application-Share-holders irrespective of the quantum of their share-Should be the same-More..........
Punjab Security of Land Tenures Act, Section 14A(ii) -- Recovery of arrears of Batai-Onus of proving non-payment of Batai-On landowner-incorrect to place onus of proving non-payment of Batai on tenant...........
Court sale -- Inadequate price - 44 acres of land sold for a price of Rs.77, 500/- - Highly inadequate price - Appellant having deposited the amount should be suitably compensated - Interest allowed 18% - Principal amount together with interest directed to be refunded to the appellant...........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, Section 8 -- Mere fact of land being under contemplation for acquisition - Does not empower Authorities to interfere in use of land in the manner owner wants in accordance with law - Rejection of site plan on the grounds - (i) land in dispute under contemplation for acquisition, and..........
Land Acquisition Act, 1894, Section 23 -- When large extent of land is acquired, determination of compensation on the fort of a cent, square yard or square foot is wrong principle - Principle is fixation on acrage basis...........
