Specific Relief Act, 1963, Section 38, 41(h) -- Suit for permanent injunction restraining defendant from alienating land because of agreement of sale in favour of plaintiff - No actionable claim so far as land subject-matter of sale is concerned because no suit filed for enforcement of agreement of sale - Decree for injunction also passed in violation of Section 41(b) -..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), 15, 16, Punjab Tenancy Act, 1887, Section 77(3)(n) -- Liability of resettled tenant for payment of rent to landowner - Effect of Haryana Ceiling on Land Holdings Act, Section 12(3) - Tenant becomes proprietor of land only after land allotted under Haryana Utilisation of Surplus and Other Areas Scheme and tenant..........
Punjab Gram Panchayat Act, 1992, Section 26 -- Gram Panchayat given power to enforce prohibition - To take away binding effect of resolution of Gram Panchayat to enforce prohibition - Opinion to be recorded by Excise and Taxation Commissioner - If no such opinion to record - Subsection (3) of Section 26 requires Excise and Taxation Commissioner to obey resolution of Gram..........
Punjab Security of Land Tenures Act, 1953, Section 18, 9, 14A -- Maintainability of purchase application under Section 18 filed on 18.10.1972 after ejectment order passed by Assistant Collector 1st Grade on 21.10.1969 and Upheld by Collector on 31.12.1970 - Normally relationship of landlord and tenant deemed to have ceased to exist after kharif 1969 - Landlord in 1972 made..........
Punjab Security of Land Tenures Act, 1953, Section 18, 16 -- Purchase application against transferee from original big landowner - Tenant prior to transfer - Protected under Section 16 - Not necessary for tenant to implead original big landowner-transferor...........
Land Acquisition Act, 1894, Section 23(1A) -- As added and Section 30(1) of Act 68 of 1984 - Retrospective operation - Does not apply to a case in which award of Collector made prior to April 30, 1982 - Applies only to cases falling within two cut off dates April 20, 1982 and September 24, 1984, and in which award of Collector made after April 30, 1982 - Section 23(1 - A)..........
Land Acquisition Act, 1894, Section 23(2), 28, 23(1A) -- As amended by Act 68 of 1984 - Benefit of - Award under Land Acquisition Act made prior to April 30, 1982 and proceedings finally concluded between April 30, 1982 and September 24, 1984 - Entitled to : (i) Solatium 30 percent instead of 15 per cent under Section 23(2), and (ii) Interest 9 per cent per annum from date..........
Land Acquisition Act, 1894, Section 23, 28 -- No appeal against award at the instance of claimants pending in High Court or Supreme Court at the relevant time - Only appeal pending against award being that of State Government or Union of India - Claimants entitled to enhanced solatium and interest in terms of sub section (2) of Section 30 of Amending Act 68 of 1984- Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(b) -- Ad interim injunction - Provision of Section 4l(b) Specific Relief Act equally applies to grant of temporary injunction...........
Punjab Pre-emption Act, 1913, Section 21A -- Pre-emption suit as a co-sharer - Partition of joint land during pendency of suit - Pre emptor loses his right of pre-emption because of loss of his status as a co-sharer - Not a case of improvement of status of vendee as contemplated by Section 21A...........
