Northern India Canal and Drainage Act, 1873, Section 30 -- B(2) - Rejection of draft scheme by Divisional Canal Officer - Not permissible. The intention of the framers of Section 30-B(2) of the Northern India Canal and Drainage Act, appears to be that, the only power that the Divisional Canal Officer can exercise is either to approve the draft scheme as such or to approve..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A(i) -- Want of sufficient cause for failure to pay rent regularly - Condition precedent for passing an ejectment order - Revenue authorities must give definite finding that tenant failed to pay rent regularly without sufficient cause - If sufficient cause established for failure to pay rent regularly - No..........
Punjab Agricultural Produce Markets Act, 1961, Section 12(3), 14, 15 -- Word "appointment" occurring in Section 14 - Relates to every member whether elected or nominated - Word "appointed" in Section 15 - Means "elected or nominated, as the case may be" - Date of appointment of elected member - Date of notification issued in relation to him under proviso to Section 12(3)...........
Northern India Canal and Drainage Act, 1873, Section 68(6) -- Revision - Warabandi sanctioned on the basis of consent of parties - Cannot be legally set aside without a finding that no proper settlement or agreement had been arrived at between the parties. Where the Superintending Canal Officer under Section 68(6) of the Northern India Canal and Drainage Act set aside the..........
Punjab Land Revenue Act, 1887, Section 42 -- Wajib-ul-arz prepared after 1871 - Shart wajib - ul - arz not expressly providing that minor minerals belong to Government - Presumption must be raised that minor minerals belong to landowners. According to Section 42 of the Punjab Land Revenue Act, the shart, if it appears in a wajib-ul-arz prepared after the 18th of November,..........
Punjab Co-operative Societies Act, 1961, Section 55(3) - - Scope of - Power of appellate or revisional authority - Not taken away by Section 55(3). The decision of the Registrar Co-operative Societies cannot be called in question in any Court but it can be called in question by way of appeal or revision as provided in the Act itself. That power of the appellate or..........
Punjab Co-operative Societies Act, 1961, Section 55 -- Matter relating to termination of services of employee of a Co-operative Society - Not referable under Section 55. The matter relating to the termination of services of an employee of a Co-operative Society is not referable under Section 55 of the Punjab Co-operative Societies Act...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Compromise - Statement of one co - sharer to compromise - Cannot bind other co - sharers unless it is shown that other co - sharers had conferred authority on him to bind them. In proceedings under Section 42 of the Consolidation Act. even if one of the co-sharers had offered to..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 - - Notice to persons interested - Necessary - Presence of right - holder during proceedings - Does not relieve the Additional Director of the duty to issue notice - Opportunity to be heard to be afforded to interested party - Must be a real opportunity and not illusory one. The..........
Punjab Security of Land Tenures Rules, 1953, Rule 11, Punjab Security of Land Tenures Act, 1953, Section 9, 14A(ii), Punjab Tenancy Act, 1887, Section 85, 50, Punjab Tenancy Rules, 1909, Rule 10 - - Tenant ejected in execution of ejectment order during pendency of appeal - Application for restoration of possession after appeal accepted and case remanded - Tenant can be..........
