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S.A. JaIn College Trust and Managing Society Vs. the State of Haryana ...

Court : Punjab and Haryana

Subject : Property

Acts : East Punjab Evacuees (Administration of Property) Act, 1947 - Sections 5A; East Punjab Displaced Persons (Land Resettlement) Act, 1949 - Sections 9; Administration of Evacuee Property Act, 1950 - Sections 40; Punjab Alienation of Land Act, 1960 - Sections 11

Reported in : (2004)136PLR287

a person other than an evacuee were terminated by Section 9 of the East Punjab Displaced Persons (Land Resettlement 'Act'), 1949 (for brevity '1949 Act') Section 9 created one exception and it empowered Additional Custodian to grant exemption to … submitted the lease deed to the custodian for confirmation. The custodian in its order dated 5.3.1949 relied on Section 11 of the Punjab Alienation of Land Act, 1900 (for brevity Alienation Act') and confirmed the lease for twenty

State of Punjab (Now Haryana) and ors. Vs. Amar Singh and anr.

Court : Supreme Court of India

Subject : Property

Acts : Punjab Security of Land Tenures Act, 1953 - Sections 10-A and 18; Transfer of Property Act - Sections 105; Code of Civil Procedure (CPC) - Sections 47, 92, and 115

Reported in : AIR1974SC994; (1974)2SCC70; [1974]3SCR152

as defined in clauses (b) and (c) respectively, of section 2 of the East Punjab Displaced Persons (Land Resettlement) Act, 1949. Under the Explanation added to the clause, a mortgagee, in respect of the land mortgaged with possession is … the connected appeal No. 1756 of 1967. Annexure (B) to the writ petitions is an order dated May 11, 1962 passed under the Act and the Rules by the Collector (Surplus Area) Sirsa. It is this order

Munshi Ram and ors. Vs. Financial Commissioner, Haryana and ors.

Court : Punjab and Haryana

Subject : TenancyCivil

Acts : Code of Civil Procedure (CPC) , 1908; Tenancy Laws; Punjab Security of Land Tenures Act, 1953 - Sections 2(1), 2(3) and 2(11); ;East Punjab Refugees (Registration of Land Claims) Act, 1948

Reported in : AIR1968P& H162

section 2 of the Act 'has the meaning assigned to it in the East Puniab Displaced Persons (Land Resettlement) Act, 1949,' (hereinafter called the Resettlement Act). In the Resettlement Act, a displaced person, under Clause (c) of section 2. … the appellants in L.P.As Nos. 47 to 51 of 1967 owned considerable land in Pakistan. He died on 11th of April, 1948, after he had migrated to India. Before his death, Bishan Dass filed his claim under

Amar Singh Vs. Custodian, Evacuee Property, Punjab

Court : Supreme Court of India

Subject : PropertyConstitution

Acts : Constitution of India - Articles 19(1), 31(1), 31(2) and 32; Administration of Evacuee Property Act, 1950

Reported in : AIR1957SC599; [1957]1SCR801

Resettlement) Ordinance, 1949 (E.P. Ordinance XIV of 1949) which was replaced by the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (E.P. XXXVI of 1949). This Act was meant 'to provide for the allotment of evacuee lands in East … notification in the Official Gazette authorise return of their immovable property to the owners in accordance with this section.' 11. Sub-section (2) of s. 12 provided that any person claiming to be entitled to any such property may

Kanianwali Co-operative Farming Society at Kanianwali Through Its Secr ...

Court : Punjab and Haryana

Subject : Property

Acts : Punjab Security of Land Tenures Act, 1953 - Sections 10-A, 10-B and 19-B; Punjab Security of Land Tenures (Amendment and Validation) Act, 1962; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1970P& H157

as defined in Cls. (b) and (c) respectively, of Section 2 of the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (Act 36 of 1949), hereinafter referred to as the Resettlement Act.' Explanation:-- In respect of land mortgaged with … was kept at 100 standard acres and the provisions as to transfers are dealt with in Sections 10, 11 and 12 and are in these terms:-- '10. Effect of Transfer:-- Subject to the provisions of Sections 11

Baba Badri Dass Vs. Dharma and ors.

Court : Punjab and Haryana

Subject : Tenancy

Acts : Constitution of India - Articles 226 and 227; Punjab Security of Land Tenures Act, 1953 - Sections 9(1); Punjab Tenancy Act, 1887

Reported in : AIR1982P& H255

as defined in cls. (b) and (c), respectively of S. 2 of the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (Act XXXVI of 1949) hereinafter referred to as the 'Resettlement Act'.'The definition of the word 'landowner' will not … Commissioner, Annexure P-2, is hereby quashed. There would, however, be no order as to costs.21. Petition allowed. - Sections 80 (2) & 89 & Punjab Motor Vehicles Rules, 1989, Rules 85 & 80: [T.S. Thakur, CJ, Jasbir … the judgment would be worthwhile to reproduce :--'The word used in S. 111 is 'owner' not 'landowner', and in our opinion the two terms are

Jemcy Ponnappa C P vs State of Karnataka

Court : Karnataka

that, as per Section 23 of the Right to Fair Compensation and Transparency of Land Acquisition, Rehabilitation and Resettlement Act, 2013, it is the Land Acquisition Officer who is empowered to determine the compensation and there is no … of legislation by incorporation. Another glaring example of incorporation one finds in the provision of Bombay Municipal Corporation Act, 1949 where Section 284-N uses the expression "the LA Act ... shall for that purpose be deemed to form … on such market value for the period commencing on and from the date of publication preliminary notification under section 11 till the date of consent award made by concerned officer or date of possession of land whichever is

Assa Singh (d) By Lrs. Vs. Shanti Parshad (d) By Lrs. .

Court : Supreme Court of India

Subject : Land Acquisition

“lessee” as defined in clauses(b) and (c), respectively, of section 2 of the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (Act XXXVI of 1949), hereinafter referred to as the “Resettlement Act”. Explanation - In respect of land mortgaged … found not estopped from challenging the title of Mahant Ramji Dass.9. The First Appellate Court found that Section 116 of the Indian Evidence Act, 1872 (for short ‘Evidence Act’) did not apply to a person who claimed

Hari Chand and ors. Vs. the Financial Commissioner and ors.

Court : Punjab and Haryana

Subject : TenancyProperty

Acts : Punjab Security of Land Tenures Act, 1953 - Sections 18; Punjab Security of Land Tenures Rules, 1966 - Rule 6

Reported in : (2000)125PLR491

as defined in clauses (b) and (c) respective, of Section 2 of the East Punjab Displaced persons (Land Resettlement) Act, 1949 (Act XXXVI of 1949). Sub Section (3) of Section 2 defines permissible area in relation to a landowner

Shabbir HusaIn Vs. the State of U.P. and anr.

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 7, 13, 13(1) and 19(1); Permit System Rules, 1948 - Rules 12, 16A and 16A(4); Permit System Rules, 1949 - Rule 19; Pakistan (Control) Act, 1949

Reported in : AIR1952All257

(Control) Ordinance No. XXXIV of 1948.3. The applicant represented his case to the U. P. Government for permanent resettlement in India. He was given to understand that his case had been rejected by the State of Uttar … be the citizen of India; and (2) whether any of the provisions contained in the Influx from Pakistan Act, 1949, or the Ordinance XXXIV [34] of 1948 which it replaced and in the rules framed thereunder, contravenes any … of India. So wide and extensive a power as given by Article 11 includes the lesser power to place restrictions even on citizens in the … Raghubar Dayal, J. 1. This is an application under Section 491, Cr. P.C. and Article 226 of the Constitution praying for a