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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Security of Land Tenures Act, 1953, Section 9, 5, 5A -- Ejectment proceedings - Challenge to validity and legality of change in selection by which tenancy land included in permissible area of landowner - Order allowing change in selection passed ex parte, without notice and tenant had not given consent to variation in selection originally made by landowner - Change..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Security of Land Tenures Act, 1953, Section 5, 5A -- No reservation made by landowner - Selection made in 1958 did not include land comprised in tenancy of tenant - Subsequently landowner made application in 1961 for change in selection - Collector allowed change in selection - Order passed ex parte, without notice and tenant had not given consent to variation in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Land Revenue Act, 1887, Section 45 -- Entry in record-of-rights - Any person aggrieved - Entitled to seek relief under Section 34 Specific Relief Act - Defendant cannot urge that plaintiff should not feel aggrieved by entry in record-of-rights - Plaintiff in suit for declaration need not ask for further relief - Suit for declaration that plaintiff in cultivating..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), 19DD -- Land granted for gallantry - Exempt from being declared surplus-Landowner to be deemed a small landowner for every purpose - Application for ejectment of tenant under Section 9(J)(i) - Competent.
A landowner whose land is exempt from being included in the surplus area under Section 19-DD of the Punjab..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Security of Land Tenures Act, 1953, Section 19DD -- Land granted for gallantry - Cannot be taken into account for computing surplus area nor a tenant of such land entitled to purchase - Landowner cannot be considered a big landowner for other purposes - Should be considered a small landowner for every purpose.
A special provision as contained in Section 19-DD of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Security of Land Tenures Act, 1953, Section 9(1)(i) -- Ejectment of tenant - Landowner must satisfy either of two conditions : (a) that tenant is on reserved area, or (b) that landowner is a small landowner...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Redemption of Mortgages (Punjab) Act, 1913, Section 4, 5, 6, 7, 8, 9, 10, 11, 12 -- Application for redemption - Dismissal of as mortgagor not desirous of getting land redeemed in view of compromise with contesting party - Subsequently second application for redemption - -Dismissal of on the ground second application for redemption not competent - Collector's orders either..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Gram Panchayat Act, 1952 - - Rule 3(3) - Validity of - Not ultra vires.
Rule 3(3) of the Punjab Gram Panchayat Election Rules, 1960, is valid...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Punjab Gram Panchayat Act, 1952, Rule 3(3) -- Valid - Abuse of power under - Court to strike down offending exercise of power - Punjab Gram Panchayat Act (4 of 1953), Section 13-B.
The essence of Rule 3(3) of the Punjab Gram Panchayat Election Rules, 1960, is that it gives the Deputy Commissioner and the Government power to alter the election programme to meet the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1976
Details

Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage in places where Act not extended - Permissible - Mortgage by deposit of title deeds - Always held to be valid in Punjab - Equitable mortgage created prior to August 28, 1975 - Valid - Notification dated August 28, 1975extending provisions of Section 58(f) of Transfer of Property Act to State of Punjab -..........

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