East Punjab Utilisation of Lands Act, 1949, Section 7 - - Provides a method to deliver possession to owner after expiry of lease - Collector to decide and name owner to whom possession of land to be given - Tenant has no locus standi in the matter - Notice to tenant before any order made by Collector under Section 7 - No requirement of law...........
East Punjab Utilisation of Lands Act, 1949, Section 5, 7 - - Proceedings under - Collector required to go into questions formulated by Supreme Court in 1974 P. L. J. 272 - Must collect material and evidence for deciding the same - Can seek help of parties in collecting information - Notice to tenant for furnishing evidence, documents and any other material having bearing..........
Punjab Security of Land Tenures Act, 1953, Section 5B -- Resettled tenant conies into the picture only after determination and demarcation of area to be declared surplus - Declaration of surplus area of landowner - Only after right of selection duly exercised by land-owner or if failure to do so under Section 5-B(2) - Utilization of surplus area by State and consequent..........
Punjab Security of Land Tenures Act, 1953, Section 24A(2), 5B(1) -- Landowner duly exercised right of selection under Section 5-B(1) - Surplus area declared by Collector - Subsequent consolidation of holdings - Surplus area duly separated under Section 24-A(2) - No appeal filed within time against this order nor the same set aside by any authority - Landowner acquired..........
Punjab Security of Land Tenures Act, 1953, Section 5B(1) -- Right of selection of permissible area - Unfettered - Quality and identity of land selected - Entirely subjective to landlord.It is evident from the plain language of Section 5-B(i) of the Punjab Security of Land Tenures Act that it guarantees a right to the land-owner, some of whose area is to be declared surplus..........
Natural justice -- Matter of reservation or selection of permissible area of landowner - Right of hearing to resettled tenants - No requirement of law - Punjab Security of Land Tenures Act (10 of 1953), Sections 5-B and 5...........
Punjab Security of Land Tenures Act, 1953, Section 5B -- Declaration of landowner's surplus area by Collector - Order passed without notice and behind the back of landowner - Non est as far as it affects landowner's rights - Landowner entitled to ignore it...........
Punjab Co-operative Societies Act, 1961, Section 3 - - Exercise of powers by Officers exercising co-ordinate jurisdiction - Stay granted in absence of petitioner by Assistant Registrar exercising powers of Registrar - Petitioner applying for vacation of stay order - Joint Registrar exercising powers of Registrar can re-decide the matter after hearing the petitioner - No..........
Punjab Pre-emption Act, 1913, Section 15(1)(a) -- Fourthly - Conditional order of ejectment - Tenant to be dispossessed from land under his tenancy only when resettled on surplus land - Ejectment order determines tenancy - Relationship of landlord and tenant ceased to exist between the parties after passing of ejectment order - Tenant ceased to be tenant on the land - No..........
Punjab Co-operative Societies Act, 1961, Section 55, 56 - - Award - Mast be supported by reasons - Cryptic award - Not a speaking award - Nullity - Arbitrator must set out : (1) items of dispute, (2) decisions thereon, (3) reasons for those decisions - Arbitrator acts as a quasi-judicial tribunal- Decision must contain particulars and grounds or reasons on which it is..........