Punjab Village Common Lands (Regulation) Act, 1961 -- sub - section (6) of Section 2(g) and Explanation appended thereto as inserted by Haryana Act 9 of 1992 w.e.f. 11.2.1992 and Sections 7 & 13 - A - Mutations sanctioned in favour of State or Gram Panchayat on the basis of Act 9 of 1992 - Shall stand cancelled or set aside - Open for Gram Panchayat to file application for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- sub-section (1) Proviso - Constitutionality of - Intra vires - Constitution of India, Article 226...........
Punjab Village Common Lands (Regulation) Act, 1961 -- sub - section (6) of Section 2(g) and Explanation appended thereto as inserted by Haryana Act 9 of 1992 w.e.f. 11.2.1992 - Only elucidation of existing provisions of the Act read with provisions contained in Consolidation Act - Un-amended provisions of Punjab Village Common Lands (Regulation) Act and, in particular,..........
Criminal Procedure Code, 1973, Section 482,320, Penal Code, 1860, Section 498A,406 -- r/w 226/227 of the Constitution of India - Inherent powers - Quashing of criminal proceedings - Non compoundable offence - Held that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 Cr.P.C. does not limit or affect the..........
Punjab Municipal Act, 1911, Section 192(3), Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11 -- Town Planning Scheme sanctioned on 22.7.1981 - Against the Scheme writ petition dismissed on 3.10.1990, Special Leave Petition dismissed on 10.3.1991, a suit and appeal also dismissed in 1992 - On 7.1.1994 in exercise of powers under Section 19..........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 6(6)(xiii) -- Failure to deposit instalments - Restricted auction cannot be cancelled on ground of non - payment of outstanding dues - Price of such instalments can be recovered as arrears of land revenue under Rule 6(6)(xiii) and under Displaced Persons (Compensation and Rehabilitation) Act, Section 21...........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 10, 15, Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 24 -- New ground at the stage of revision - Not maintainable - Displaced Persons (Compensation and Rehabilitation) Act, Section 24...........
Transfer of Property Act, 1882, Section 53A -- Pre - supposes a lawful contract between the parties - Possession of land obtained in part performance of agreement to sell - Agreement to sell in violation of express provisions of Rule 6(8) Punjab Package Deal Properties (Disposal) Rules - A still born contract and does not have any legal force - Section 53 - A not..........
Transfer of Property Act, 1882, Section 41 -- Requirement that vendee must have acted in good faith after making reasonable enquiry - Red ink entry in Jamabandi indicated that land could not be sold for 20 years - Vendee did not act in good faith - Protection of Section 41 not available...........
Contract Act, 1872, Section 23 -- Words 'if permitted it would defeat the provisions of any law' in Section 23 - Refer to performance of agreement which necessarily entails transgression of provisions of any law...........
