Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7(1)(f) -- Ejectment as tenant failed to execute Kabuliyatnama in favour of land-owner- Objection that failure on part of tenant cannot be equated with refusal - Not tenable- After tenant served with notice to execute Kabuliyatnama and he failed to do so it shall be presumed that tenant refused to execute..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8 -- Ejectment as tenant cultivated land for more than 3 years - Earlier ejectment suit dismissed by Assistant Collector with the finding that tenant not liable to be ejected under Section 8 till provisions of Section 7 satisfied irrespective of the fact that tenant had completed 3 years under small landowner - No..........
Punjab Gram Panchayat Act, 1992, Section 105(4) - - Limitation for issuance of notice - Person elected as a Panch, appointed Acting Sarpanch, later on stopped acting as Sarpanch and subsequently removed from office of Panch - Notice issued to explain why action under Section 105 be not taken for amount illegally detained and interest recovered to the extent Panchayat..........
Punjab Gram Panchayat Act, 1992, Section 85, 80, 105 -- Recovery of amount as arrears of land revenue - Amount due on account of money illegally retained and loss suffered by Panchayat - Sums kept against prohibition prescribed by Rule 23 of Gram Panchayat Rules, would be sums due under the Act - Collector under Section 85 entitled to recover such sums as sums due under..........
Punjab Security of Land Tenures Act, 1953, Section 12 -- 1/3rd share of produce - Determination on the basis of Goshwara Paidawar - 'Bando-bast Jhar' of 1915 for adjudging yield of crops - Not conclusive - Judicial notice should be taken of the fact that yield of crops increased many times as compared with those obtained in 1915-Quantity, quality and prevailing prices..........
Punjab Land Revenue Rules, 1908, Rule 15 -- Residence of Lambardar candidate - Collector after thorough enquiry regarding residence came to the conclusion that Lambardar candidate residing in the village - Finding of fact - Does not warrant any interference - Punjab Land Revenue Act, Section 13...........
Northern India Canal and Drainage Act, 1873, Section 30C, 30B(3) - - Publication of a rejected scheme - Provided for by Proviso to Section 30-C - Appeal against scheme which has been rejected - Lies under Section 30-B(3) to Superintending Canal Officer 30 days from date of publication of rejected scheme...........
Northern India Canal and Drainage Rules, 1878, Rule 33A -- Detailed and proper enquiry to identify persons through whose act or neglect use of water from canal occurred - Essential - Persons cannot be subjected to penalty or special charges either individually or jointly unless detailed enquiry and report thereon by competent authority - Necessary to come to a view that..........
Punjab Tenancy Act, 1887, Section 49 -- Execution of ejectment order - For taking actual possession of land on which crops standing - Procedure laid down in Section 49 to be followed - Actual possession of part of land delivered and symbolical possession of remaining land on which crops were standing - No documentary proof to show taking of actual possession of land of..........
Constitution of India, 1950, Article 226 -- Gram Panchayat elections - Grievance that writ-petitioner too along with other Panches should have been declared elected - Objection of alternative remedy of election petition under Section 13-B Punjab Gram Panchayat Act - Election of Panches not challenged - Writ-petitioner if can establish a legal right to be declared duly..........
