Criminal Procedure Code, 1973, Section 482, Punjab Civil and Criminal Courts, Preparation and Supply of Copies of Records Rules, 1965, Rule 3 -- Supply of certified and uncertified copies of documents by Juvenile Justice Board - Petitioner facing trial in Court of Sessions and co-accused, a juvenile, facing trial in Juvenile Justice Board - Offence pertaining to same FIR -..........
Punjab Town Improvement Trust Act, 1922, Section 18 -- Acquisition of land - Allotment of plots in addition to compensation - Power of Reference Court - In the instant case, no such policy shown in support of such claim - Therefore, such claim is beyond purview of reference Court and is not germane...........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Ownership - Phar land - Trust unable to file document with respect to its ownership - Even, no evidence is adduced that at any point of time street was owned by it, and that how any right, title or interest vested in it, and also as to how it become public street - Moreover, no evidence adduced that road mettled by..........
Punjab Town Improvement Trust Act, 1922, Section 36, Land Acquisition Act, 1894, Section 23 -- Amendment u/s 23(1) of 1922 Act - Applicability - Award passed prior to date of commencement of amendment, hence, provisions for payment of enhanced compensation u/s 23(1) of 1922 Act will not apply...........
Punjab Town Improvement Trust Act, 1922, Section 36, Constitution of India, 1950, Article 133, 136 -- Acquisition of land - Compensation - Determination - In the instant case, as per sale deed on record compensation granted @ Rs.1000/- per square yard - Hence, compensation determined will also carry statutory benefits...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Punjab Regional and Town Planning and Development Act, 1995, Section 45(3), Constitution of India, 1950, Article 226 -- Resumption of property - Forfeiture of 10% amount of consideration - S.45(3) prior to its amendment applicable - Estate Officer was entitled to forfeit an amount upto 10 percent of the consideration - Issue as to whether entire amount of 10 per cent ought..........
Punjab Custom (Power to Contest) Act, 1920, Section 7 -- Effect of amendment - Suit for declaration - Amendment to S.7 of the Act is retrospective in nature, applicable only to proceedings pending on date when amendment came into force. i.e 1973 or where proceedings were initiated after date of amendment - Suit filed in 1962 and appellant Court passed the decree in 1965,..........
Punjab Agricultural Produce Markets Act, 1961, Section 33(4)(1), Punjab Agriculture Produce Markets (General) Rules, 1963, Rule 6, 8 -- Promotion - Suspension of resolution - Petitioner was promoted to post of Clerk vide Market Committee Resolution and on such date, petitioner neither possessed experience nor had qualified type test - Petitioner pleaded that he had..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Application for partition can be filed in respect of more than one khewat and can be entertained by Assistant Collector, provided that co-sharers in different khewats are same - If co-sharers are different in different khewats, then separate applications have to be filed because khewats have to be separated of all..........