Punjab Security of Land Tenures Act, 1953, Section 17A -- Sale of land to a tenant along with two strangers - Tenant only on a part of land sold - Not entitled to retain 1/3rd share of whole of land sold - Tenant entitled to benefit of Section 17-A qua 1/3rd share of laud under his tenancy - Punjab Pre-emption Act (1 of 1913), Section 15...........
Punjab Gram Panchayat Act, 1992, Section 102 -- Revocation of suspension of Panch - Notice and hearing to informant on whose complaint Panch suspended - Not necessary - Informant not a party to lis or aggrieved party - Not entitled to be heard before order of suspension revoked - Gram Panchayat Kamalpur's case 1968 P. L. R. 403 Over-ruled...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - Essential requirement for exclusion of land from "shamlat deh" - Land should have been acquired by "purchase or in exchange for proprietary land from a co-sharer in the "shamlat deh" - Land not acquired by purchase or in exchange for proprietary land from any co-sharer in the "shamilat deh" - Not covered..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - Land recorded as "shamlat deh" in Jamabandi - Entry in Jamabandi that land in possession of owners "as per respective shares in khewat" - Does not detract from nature of land - Character of land remains "shamlat deh"...........
Punjab Land Reforms Act, 1972, Section 3(4), 3(10), 4(2) - - Proviso (ii), 4(4) clauses (a) and (b) - Concept of a family unit and clubbing together lands held by each member of the family unit and applying the limitation of ceiling area in reference to the aggregation of such lands - Not violative of second proviso to clause (1) of Article 31-A - Protected under Article..........
Punjab Land Reforms Act, 1972 - - Constitutional validity of - Act included in Ninth Schedule as Entry 78 by Constitution (34th Amendment) Act, 1974 - Entitled to immunity conferred by Article 31-B - Act constitutionally valid - Does not suffer from any of the constitutional infirmities alleged in the writ petitions...........
Punjab Security of Land Tenures Act, 1953, Section 18, 6 -- Landowner having land at two places - Tenant's application for purchase of tenancy land under Section 18 of land at one place - Transfer of land at the other place by landowner - To be ignored - Total holding of landowner subject to conditions of Section 6 to be taken into account for deciding tenant's purchase..........
Punjab Security of Land Tenures Act, 1953, Section 6 -- Words "Such land" - Interpretation of - Not restricted to land under tenancy which is transferred...........
Punjab Co-operative Societies Act, 1961, Section 27 - - sub-sections (1) and (6) - Provisions of sub-section (6) - Mandatory - Removal of Managing Committee of Co-operative Society - Prior consultation with financing institution - Essential - Consultation not merely a formality but must be effective compliance...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(2) - - Appeal - Period of limitation - Ejectment appli cation 6led under East Punjab Urban Rent Restriction Act - Eviction ordered by Sub Divisional Officer Civil acting as Rent Controller under the Haryana Act - Period of limitation for filing appeal - 30 days - East Punjab Rent Restriction Act (3 of..........
