Punjab Gram Panchayat Act, 1992, Section 6 -- Scope of - Section 6 comes to be applied only after the result of elections so that female and Scheduled Caste candidates are found as deemingly elected...........
Land Acquisition Act, 1894, Section 48 -- Abandonment of acquisition - Section 48 does not envisage any specific mode or manner of withdrawing acquisition proceedings - No rule or instruction prescribe a specific and solitary mode for withdrawal of acquisition proceedings - Section 48 does not talk of any notification - State Government can even independently of Section 48..........
Land Acquisition Act, 1894, Section 48, 11, 4, 6 -- Award by Land Acquisition Collector - Possession of land not taken in pursuance of Award and continued still with owner of land - Land not vested in acquiring authority - Government at full liberty to withdraw or abandon acquisition proceedings - Instructions withdrawing acquisition - Applicable as per terms of Section 48..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(c) -- Punjab University properties - Covered by provision of the Act - Punjab University continues to function under Punjab Reorganisation Act, 1966 and because of directions under Section 72(2) provisions of East Punjab University Act, 1947, applicable - Punjab University deemed to have been adopted..........
Northern India Canal and Drainage Act, 1873, Section 30A - - Application for providing water-course as existing water-course demolished - Divisional Canal Officer published two alternate Schemes and invited objections whereafter sanctioned one water-course, upheld by Superintending Canal Officer - Objection that as a part of existing watercourse demolished, Divisional..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Abatement - Principles of Order 22 Civil Procedure Code - Not applicable to proceedings under Section 42 - Death of one of the respondents during pendency of Section 42 proceedings - Failure to bring legal representatives of deceased respondent on record within prescribed period..........
Constitution of India, 1950, Article 226 -- Challenge that petition under Section 42 East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act could not be dismissed as abated for failure to bring legal representatives of deceased respondent on record within prescribed period - Objection that plea not raised before Additional Director and cannot be allowed..........
Punjab Land Reforms Act, 1972, Section 4, 5(1) -- Land declared surplus under Pepsu Tenancy and Agricultural Lands Act - Landowner not divested of ownership of surplus area before commencement of Punjab Land Reforms Act - Entitled to select permissible area for his family and each of his adult sons in view of the provisions of Section 4 read with Section 5(1) of Punjab..........
Land Acquisition Act, 1894, Section 23 -- Market value of orchard or grove land - Value of fruit trees or orchard to be assessed independently of value of land and then add market value of land keeping in view its potential to be utilised for residential or commercial area - Not correct method of evaluation that either price of land as such (without fruit trees) and timber..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 25 -- Mistake in conveyance deed - Rectification of - Change of boundary in conveyance deed - Clerical mistake - Can be rectified by Managing Officer under Section 25...........
