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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1983
Details

Limitation Act, 1963, Section 14 -- Court contemplated under Section 14 does not necessarily mean Civil Court under Code of Civil Procedure - Any Tribunal or Authority deciding civil rights of parties deemed to be a Court - No requirement of Section 14 that earlier proceedings should be in a Civil Court - Requirement that proceedings should be civil proceedings in a Court..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1983
Details

Registration Act, 1908, Section 18, 17 -- Letter merely acknowledging creation of equitable mortgage by deposit of title deeds - Registrable under Section 18 - Not compulsory registrable under Section 17 - No question of payment of registration fee at the rate of one per cent...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1983
Details

Punjab Land Reforms Act, 1972, Section 5(1), 4, Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32D, 32E, 2(g) -- Determination whether landowner stood divested of possession of surplus area or not before appointed date - Surplus area of landowner-S under Pepsu Act declared in 1960 - Report in 1961 showing taking of possession from landowner-S by Revenue..........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1983
Details

Punjab Security of Land Tenures Act, 1953, Section s, 10A(b), 5, 5A, 5B - - Deficiency caused in surplus land of landowner - Can be made good from landowner (when such deficiency not caused by acquisition by Government or by inheritance or by purchase of tenancy land by tenant under Section 18) unless landowner can show that it will cause reduction in his ownership to a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1983
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Applicability of principles of res judicata to proceedings - Once proceedings under Section 7 taken by Assistant Collector - No second application on same cause of action competent, irrespective of fact that such subsequent proceedings at the instance of one or the other persons mentioned in Section 7 -..........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1983
Details

Haryana Ceiling on Lands Holdings Act, 1972, Section 5A - - Question of eligibility of Institution to exemption - Institution neither a registered trust nor covered by any of the statutes mentioned in second proviso to Section 5-A - Falls under clause (v) of Explanation to Section S-A - Determination whether Institution a religious place of public nature - Keeping of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1983
Details

Haryana Canal and Drainage Act, 1974, Section 24, 55 -- Restoration of water-course - Water-course neither sanctioned by law nor by agreement nor even by prescription - Restoration ordered merely on the ground that Warabandi in respect thereof fixed under Section 55 of the Act - Illegal...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1983
Details

Land Acquisition Act, 1894, Section 5A -- Whether Collector under statutory duty to give his opinion either agreeing or disagreeing with objections raised - Enquiry conducted by Collector - Administrative in nature - Report submitted by Collector - Recommendatory in nature - Not binding on Government - Government can reject report and take altogether contrary view - Not..........

FINANCIAL COMMISSIONER PUNJAB

Year of decision: 1983
Details

Punjab Tenancy Act, 1887, Section 84 -- Revision, limitation - Transferee, a necessary party, had no knowledge of order - Petition time-barred by 807 days - Objection over-ruled - Pepsu Tenancy and Agricultural Lands Act, Section 39...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1983
Details

Punjab Land Reforms Act, 1972, Section 5 -- Chela of Mahant - Not entitled to separate unit of permissible area - Expression "son" in Section 5 not assigned any special meaning - Means male child of a parent - Chela as spiritual son of Mahant does not thereby become child and Mahant its parent - Does not fall within ambit of word "son"...........

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