Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32FF -- Gift by landowner in favour of his wife of some land - Entry in roznamcha of Patwari in 1954 - Acceptance by donee has to be shown - Simple reporting to Patwari may not prove a gift - Absence of evidence showing acceptance of gift by donee - Gift hit by Section 32-FF.
Where the landowner in 1954 got entered..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Takes away right of pre-emption where vendee is a tenant - Bars passing of decree for pre-emption against tenant-vendee - No appeal filed by tenant-vendee against decree for pre-emption passed by trial Court and first appellate Court - Appellate Court can pass any order as justice of case may require - Pre-emption..........
Punjab Custom (Power to Contest) Act, 1920, Section 6 -- Effect of Section 3 Punjab Custom (Power to Contest) Amendment Act, 1973 - Ancestral property immune from challenge in Court of law...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Alternative remedy - No bar - Court can interfere in appropriate cases - Punjab Co-operative Societies Act (25 of 1961), Section 55...........
Land Acquisition Act, 1894, Section I7(2)(a), 17(4) -- as amended in Punjab - Validity of declaration of urgency - Court if finds : (i) appropriate authority in fact never satisfied about urgency, or (ii) on admitted or proved facts no possible two opinions about there being no urgency, or (iii) basic facts on which opinion of urgency formed are no, existent, or (iv)..........
Land Acquisition Act, 1894, Section 17, 5A, 4, 6 -- Urgency provisions not invoked when originally land sought to be acquired - Second notification invoking urgency provisions - No steps taken to acquire land for eight months - Urgency provisions invoked for avoiding giving opportunity to file objections under Section 5A - Notification invoking urgency provisions..........
Punjab Gram Panchayat Act, 1952, Section 95, 102 -- as applicable to State of Haryana - Delegation of powers exercisable by Government under Section 102(2) to Deputy Commissioners - Permissible.
The language of Section 95 of the Punjab Gram Panchayat Act is, plain and does not admit of any exception to the power of delegation there-, by conferred on the appropriate..........
Civil Procedure Code, 1908, Section 115 -- Power under the section is supervisory power - Court is competent to call for the record and pass necessary order - Being a rare case this court should even act suo motu and pass suitable orders...........
Punjab Gram Panchayat Act, 1952, Section 6(5)(1) -- Person in forcible possession of Panchayat land - Cannot be said to be a tenant or a lessee of Gram Sabha - Punjab Tenancy Act (16 of 1887), Section 4(5)...........
Transfer of Property Act, 1882, Section 41 -- As such not applicable to State of Punjab - Principles underlying Section 41 applicable - Equitable doctrine of estoppel provides exception to rule that no man can transfer to another a right or title greater than what he himself possesses.
Section 41 of the Transfer of Property Act, does not apply as such to the State of..........
