Criminal Procedure Code, 1973, Section 145 -- East Punjab Urban Rent Restriction Act, 1949, S.13(2)(i) - Eviction - Tenancy - Whether proceedings u/s.145 Cr.P.C. will have any bearing to rent control proceedings? - Held, it has to be always seen in context in which order is sought to be issued - There could be no rule of thumb that S.145 Cr.P.C. will have no meaning to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Held, if all co-owners as landlords were joining to file petition for requirement of one of them and tenant was able to show ownership of one of petitioners-landlords in respect of two other building, it was bound to be explained by landlord as to how other two shops..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Additional evidence - Held, nature of user at the time of petition before Rent Controller or any other subsequent event that could be relevant shall be permitted to be brought by additional evidence...........
Constitution of India, 1950, Article 226 -- Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, S.4 & 5 - Allotment of industrial plot - Cancellation of - Eviction proceedings - Validity - Allotment of petitioner was cancelled way back on 07.01.2003 - Petitioner did not challenge that order before any forum - Said order have attained finality - Held, no..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Jumla Mushtarka Malkan, land - Unauthorized occupants - Petitioners are in possession of land described as, Jumla Mushtarka Malkan, which was included in Shamilat Deh, by S.2(g)(6) of the 1961 Act - Held,..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 - - Exchange of land - Challenge to - Doctrine of estoppel - R.12 of 1964 Rules not complied with - Held, exchange would be void ab initio and principle of estoppel will not be attracted against petitioner-Gram Panchayat...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 - - Punjab Gram Panchayat (Common Purposes Land) Eviction and Rent Recovery Act, 1976, Public Premises and Land (Eviction and Rent Recovery Act, 1973 - Eviction petition - Maintainability - Land in dispute is Jumla Mushtarka Malkan - Such land is not included in shamlat deh under any provision of 1961 Act -..........
Punjab Village Common Lands (Regulation) Act, 1954 -- Allotment of land - Shortfall - Alternative land allotted with share in shamlat deh as land was acquired for capital project of Chandigarh - But on account of enactment of the Act, 1953 land proposed to be allotted came to vest in Gram Panchayat and, therefore, land could not be allotted - Financial Commissioner after..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Vesting of land in Gram Panchayat - Jurisdiction of Director Consolidation - Held, Director Consolidation has no jurisdiction to determine whether land in dispute vests or does not vest in Gram Panchayat much less on the ground that an excessive pro-rata cut was applied or that..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Consolidation proceedings - Revision - Delay of 35 years - Held, Director Consolidation has no jurisdiction to entertain and allow petition filed u/s.42 of the Act after a delay of more than three decades thereby unsettling proprietary positions settled for last more than three..........
