Statute -- Marginal notes or captions - These are part and parcel of the legislative exercise and the language therein provides key to the legislative intent - They are not mere surplusage...........
Rent and Eviction -- Revisional Jurisdiction u/s15 East Punjab Urban Rent Restriction Act, 1949 - Nature & scope - In appropriate cases High Court can examine correctness of finding of fact also, regard being had to the language employed by the statute. (East Punjab Urban Rent Restriction Act, 1949, S.15(5)..........
Punjab Municipal Act, 1911, Section 255 -- Incumbent on State Government to give a delinquent Municipal Commissioner adequate opportunity of hearing before final decision on report of Commissio, Municipal Commissioner against whose election Commission submitted a report of its findings to State Government - Entitled to a notice and opportunity of hearing before Government..........
Interpretation of Statutes -- Language vague and obscure - Misinterpretation of judicial function to helplessly and indifferently abstain from the task of interpreting the provisions of the statute - No ground to declare the provisions ultra vires for that reason - Judicial function not to be deterred by obscurity of expression of draftsman - Duty of Court to examine the..........
Punjab Security of Land Tenures Act, 1953, Section 5B(1) -- Right of selection of permissible area - Unfettered - Quality and identity of land selected - Entirely subjective to landlord.It is evident from the plain language of Section 5-B(i) of the Punjab Security of Land Tenures Act that it guarantees a right to the land-owner, some of whose area is to be declared surplus..........
Redemption of Mortgages (Punjab) Act, 1913, Section 4, 5, 6, 7, 8, 9, 10, 11, 12 -- Order of Collector to the detriment of either party passed under Sections 5 to 11 - Conclusive unless suit brought within one year to set aside Collector's order - Section 12 curtails general right of redemption - Party who seeks benefit of special jurisdiction must necessarily accept..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - No order of Civil Court or Revenue Court sought to be quashed - Writ petition praying that provisions of Act be declared to be ultra vires the Constitution - Such a relief cannot be granted.
Where in the writ petition, no order, either of the Civil Court or of the Revenue Court, is sought to be quashed, and..........
Civil Procedure Code, 1908, Section 115, Order 33, Rule 1 -- Pauper application rejected - Is case decided and is revisable - Held that `this order goes to the root as once such a poor claimant is not permitted to sue as pauper, his suit would be frustrated - The order would, therefore, be a final order against which a revision application could surely lie. Besides, the..........
Punjab Agricultural Produce Markets Act, 1961, Section 11, 12 -- Simultaneous exercise of powers under Sections 11 and 12 - Permissible - Government can by one notification establish and constitute Market Committee. It is open to the Government to take action under Sections 12 and 11 of the Punjab Agricultural Produce Markets Act in one notification only, and if from the..........
Land Acquisition Act, 1894, Section 4, 6, 17 - - Relevant sub - section of Section 17 not mentioned in notifications under Sections 4 and 6 - Acquisition proceedings not vitiated. Where it was contended that in invoking Section 17(4) of the Land Acquisition Act, the appropriate Government must arrive at an opinion whether the provisions of sub-section (I) or sub-section..........
