Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Removal of obstruction from a village pathway (rasta) - Cannot be decided by Assistant Collector 1st Grade under Section 7 even though village pathway vests in Gram Panchayat - A person can move Civil Court - Section 7 not enacted for deciding such matters - Does not bar jurisdiction of Civil Court...........
Punjab Municipal Corporation Act, 1976, Section 343, 357 -- Renewal of licence - Discretion to be exercised to effectuate policy of Act - No act committed by licensee which calls for revocation or suspension of licence - Renewal ought to be granted when demand made for the purpose...........
Punjab Municipal Corporation Act, 1976, Section 357and, 343 -- Licence granted by Corporation to run specified business - Not a bare licence - Statutory provision made in Section 357(3) for revocation or suspension of licence under the Act and Corporation cannot act otherwise than in conformity with those provisions - None of the grounds mentioned in subsection (3) of..........
Punjab Municipal Corporation Act, 1976, Section 396(3) -- Maintainability of suit without notice - Term injunction used in sub section (3) does not make any distinction between prohibitory as well as mandatory injunction - Suit for permanent injunction restraining Municipal Corporation from revoking or cancelling licence or otherwise interfering in working of machines -..........
Punjab Municipal Corporation Act, 1976, Section 395, Civil Procedure Code, 1908, Section 9 -- Public bodies created by a statute for a public purpose - Cannot act arbitrarily - Have to conform to terms of statute under which those have been created...........
Punjab Municipal Corporation Act, 1976, Section 396, 357 -- No act committed by grantee which calls for revocation or suspension of licence - Refusal to renew licence - Arbitrary - Corporation cannot be said to be acting or purporting to act under the Act - Suit for grant of mandatory injunction for renewal of licence without giving requisite notice under Section 396 -..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 181 -- Encroachment more than 30 days old on public street - Action under Section 181 by Municipal Committee - Not competent...........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 181, 2(23) -- Municipal Commit tee issued notice for removal of encroachment on public street - Suit in Civil Court for permanent injunction to restrain Municipal Committee from demolishing alleged encroachment - Court found encroachment on public street was there for more then 30 years - Municipal..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 12(2) -- Holding elections of Municipal Committees in State of Haryana - Avoided from time to time, last elections held in the year 1968-69 - Law and order problem in State of Punjab - Nothing to do with holding of elections to local bodies in State of Haryana - Lame excuse which exposes lack of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11 - - Matters which Commissioner or Collector empowered by or under this Act to determine - Jurisdiction of Civil Court barred - Collector has jurisdiction to decide claims Contemplated under Section 11 - Suit for declaration that plaintiffs and proprietors of village owners of suit land jointly and owners in..........
