Punjab Security of Land Tenures Act, 1953, Section 14A, Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Title dispute between Gram Panchayat or proprietor - Jurisdiction of Civil Court - Such disputes can be resolved only by Court of Collector by way of declaratory petition filed u/s 13-A of 1961 Act and jurisdiction of Civil Court is expressly barred...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for possession and permanent injunction - Grant of decree - Plaintiff claimed ownership on basis of sale certificate - As per perusal of documents, Sale certificate was issued on basis of `restricted auction' and deposition of consideration amount by plaintiff in consonance with provisions of R.6(6)(xiv) of Punjab Package..........
Punjab Co-operative Societies Act, 1961, Section 26 -- Election - S.26(1) of the Act does not indicate that it makes any distinction between a primary society and central society - All that is referred to is that it applies to the cooperative society - Thus, plea of appellant that S.26(1) of the Act be read restricted only to primary societies, is misplaced as rule of..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3 -- Parole - Grant of - Agricultural purpose - Merely because his mother is there to look after the land would be no reason to decline such a prayer to petitioner - Indeed State should be very much within its rights to consider the issue of security and threat to public peace to decline prayer but denial..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A, 12, 22, Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12(3), 13(iii) -- Order of resumption - Imposition of penalty upon cancellation of Lease due to non-payment of premium - Challenge against on ground of non-grant of opportunity of hearing - Issuance of notice to lessee merely to pay..........
Adoption -- Punjab Customary law - Agriculture community - Age and marital status - As per general custom applicable in Punjab and applicable to this community, age and marital status is no bar with regard to adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv) -- Customary adoption - Age and marital status of an adoptee under customary law is protected by S.10(iii), (iv) of the Act subject to applicability of custom and usage - Thus, under Customary law of Punjab as admitted by parties, custom was fully legal and valid...........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv) -- Customary adoption - Adoption made as per customary law of Punjab, as admitted by parties - Custom was fully legal and valid - Even otherwise, as per registered adoption deed, adoption was also in accordance with the Act, as adoption made when adoptee was only 9 or 10 years of age - Adoption deed was duly..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7, 9, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 23A -- Eviction petition - Maintainability - Land whose management and control vests in Gram Panchayat falls within the ambit of `public premises and land' u/s 9 of 1973 Act and if land is found..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 2007, Section 42A, Constitution of India, 1950, Article 13, 14, 16, 19, 21, 31A -- Amendment u/s 42-A of the Act - Striking of - Amendment u/s 42-A of the Act states that management and control of jumla mustarka malkan land vests with gram panchayat and shall be utilized and continue to be utilized..........
