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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Punjab Regional Town Planning and Development Act, 1995, Section 45(3) -- Forfeiture - Once discretion is vested in an authority then reasons should manifest themselves in order itself particularly if an extreme view is taken by an authority to impose maximum amount of forfeiture i.e. 10% considering fact that it is measure in addition to resumption of plot and would thus..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Punjab Regional Town Planning and Development Act, 1995, Section 45(3) -- Forfeiture - Petitioner himself offered to surrender plot within just one year of offer of allotment on ground such as health and did not cling on possession for an unduly long period to reveal speculative tendency - Amount of forfeiture reduced to 5%...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Punjab State Cooperative Supply and Marketing Federation -- Disciplinary Proceedings - Power to impose major penalty on Field Assistant is vested with Administrative Committee - In absence of Administrative Committee, power should have been delegated by making an amendment to regulation to Administrative - In absence of delegation of power to Administrator to act as..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Trial Court would adjudicate factum of alleged unauthorized possession of plaintiff over suit land with reference to evidence which may be produced by parties on record, but at this stage, any person from village can espouse cause on behalf of himself as well as on behalf of village community to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Any person/inhabitant of village is competent to file petition for ejectment against unauthorized occupant of Panchayat property...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Gram Panchayat has already been impleaded as party defendant in suit, therefore impleading of other inhabitants of village along with Gram Panchayat, would not change cause of action of plaintiff in any more - Petition dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Jumla Mushtarka Malkan - Petitioner was recorded Chakotadurs after having got land in auction from Gram Panchayat - Land being Mushtarka Malkan could not have been subject of proceedings which pertain to power of Gram Panchayat to move an appropriate authority to retrieve shamlat land from unauthorised..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Jumla Mushtarka Malkan - Proceedings u/S.7 were not maintainable as land concededly was not Shamlat deh...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 7 -- Punjab Civil Services Rules, Volume II, Chapter 2, R.2(b) - Departmental proceedings - If not instituted against employee prior to retirement can be instituted post-retirement only in respect of an event which took place not more than four years before institution of such proceedings - Explanation to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 7 -- Punjab Civil Services Rules, Volume II, Chapter 2, R.2(b) - Departmental proceedings - Action of authorities in appointing Enquiry Officer vide order is rather found to be in conformity of liberty granted by High Court while deciding earlier petition that had been filed by petitioner - While setting..........

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