Punjab Security of Land Tenures Act, 1953, Section s, 9(1 - - Ejectment application by mortgagee with possession on ground of small landowner - Tenant on land prior to mortgage - Mortgage a transfer in terms of Section 56 Transfer of Property Act and to be ignored in the light of Section 6 of the Act - Right of tenant to hold land as a tenant not affected by mortgage -..........
Land Acquisition Act, 1894, Section 17, 5A, 4, 6 -- Urgency provisions invoked for construction of Police Station - Public purpose of acquisition (construction of Police Station) cannot be accomplished in a day or of such a nature that it cannot brook delay during which objections under Section 5 A cannot be heard and decided - Notification quashed so far it relates to..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32L, 32M - - Word 'transfer' in Section 32-L - Does not include retransfer of land which takes place on redemption - Labh Singh's case 197L P. L. J. 494 D. B. Reversed - Mortgagor after redemption of mortgaged land in possession of land in excess of permissible limit - Becomes liable to surrender surplus land - Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Amendment to plead application of Section 15(2) Punjab Pre-emption Act vis a-vis shares of female vendors and also to clarify in plaint that plaintiff son of husband's brother of certain vendors and brother's son of another vendor - Relationship which plaintiff wants to bring out in..........
Punjab Security of Land Tenures Act, 1953, Section s, 9A - - Cultivation by brother as tenant - Ejectment on ground of small landowner - Brother acting as tenant - Cannot claim benefit of Section 9-A - Not entitled to resettlement on land from common pool - Punjab Security of Land Tenures Rules, 1956 - Rule 21...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 5 -- Validity of exchange of Shamilat land - No provision in Act under which any Revenue Court, Officer or Authority empowered to declare exchange of Shamilat Deh as void - Suit in Civil Court by some of the proprietors and inhabitants of village that suit land owned and possessed by Gram Panchayat and used..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 3(g), 26 -- Determination whether land falls within meaning of word 'land' in Ceiling law - Exclusively within domain of Prescribed Authority and hierarchy of Officers under Ceiling law - Jurisdiction of Civil Court to determine this question clearly barred by Section 26 - Prescribed Authority to determine it in the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be issued against a statutory authority performing its statutory functions - Contrary to spirit of Section 31 Specific Relief Act to grant injunction to restrain a statutory authority to stop obeying mandate of law which created it - Injunction cannot be granted to restrain any person from..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 47 -- Civil Court jurisdiction to entertain suit - Not completely ousted inspite of provisions of Section 47 - Suit for permanent injunction restraining State from interfering with possession over suit land - Collector in proceedings for declaration of surplus area did not issue notice to persons interested (owners on..........
Natural justice -- Notice to all transferees in surplus area proceedings against transferor - Necessary - Appearance of one of the transferees before Collector - Collector not relieved of his duty to issue notice to other transferees - Cannot be said that transferee who appeared before Collector represented interest of other transferees who were entitled to notice before..........
