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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

Lajya Ram Kapur Vs. Union of India (Uoi) Through Secy. Ministry of Reh ...

Court : Punjab and Haryana

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 41, Rule 33; Displaced Persons (Compensation and Rehabilitation) Act, 1954 - Sections 27 and 36; East Punjab Displaced Persons (Land Resettlement) Act, 1949 - Sections 9

Reported in : AIR1963P& H405

have normally expired under the 'deeming' clause embodied in Section 9 of the East Punjab Displaced Persons (Land Resettlement) Act, 1949, on 25th of July, 1949, whereby all leases made by an evacuee in favour of a person other

Tekan and ors. Vs. Ganeshi

Court : Supreme Court of India

Subject : Tenancy

Acts : Punjab Security of Land Tenures Act, 1953 - Sections 2(1), 9(1) and 14-A; Punjab Land Revenue Act, 1887; East Punjab Displaced Persons (Land Resettlement) Act, 1949 - Sections 2

Reported in : [1962]Supp3SCR386

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 … Security of Land Tenures Act, No. X of 1953, (hereinafter referred to as the Act), read with s. 9(1) thereof, for ejectment of the respondent, on the ground that he was a small landowner. The appellant claimed

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 … self-cultivating lessee but not to include a present holder, as defined in Section 2 of the Resettlement Act. Section 9 provided for the liability of the tenant to be ejected. This was to apply not withstanding anything contained

Moola Vs. Financial Commissioner, Revenue, Chandigarh and ors.

Court : Supreme Court of India

Subject : Property

Acts : Punjab Tenancy Act - Sections 5; Displaced Persons (Land Resettlement) Act, 1947 - Sections 9; Administration of Evacuees Property Act, 1950 - Sections 12, 12(1) and 12(2)

Reported in : AIR1981SC1647; 1980Supp(1)SCC608

Court, the learned single Judge of the High Court relying upon Section 9 of the Displaced Persons (Land Resettlement) Act, 1947, held that even if the appellant Moola was on the land since the time of his fore … the time of his fore fathers, the lease is deemed to have been terminated effective from July 21, 1949, because there is nothing to show that the lease in question was exempted by the Custodian from the

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 application for ejectment could not be maintained. The application of the petitioners in Form K-I. prescribed by Section 9(1)(i) of the Act. under which the tenant of a small landowner alone could be ejected, was dismissed by

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 … paid regularly, he filed a petition for ejectment of the lessee/tenants u/s. 9(1) on Form-L of the Punjab Security of Land Tenures Act, 1953, (for

Mohammad Shafique Vs. the State

Court : Allahabad

Subject : Criminal

Acts : Influx from Pakistan (Control) Act, 1949 - Sections 5; Constitution of India - Article 20; Code of Criminal Procedure (CrPC) , 1898 - Sections 423; Permit System Rules, 1948 - Rule 12; Influx form Pakistan (Control) Ordinance, 1948 - Sections 4 and 5

Reported in : AIR1956All108; 1956CriLJ176

(5) of Ordinance No. 34 and that the position was not altered by the Influx from Pakistan (Control) Act, 1949. 9. We find that the applicant is not guilty. In view of this finding it is not necessary … of permits including a permit for temporary visit, and a permit for resettlement or permanent return. Rule 12 was to the effect that, 'no person … madeunder Section 4, or commits a breach of any ofthe conditions of his permit, shall be punishablewith imprisonment......' Section 9 repealed Ordinance No. XVII and laid down that: 'notwithstanding such repeal, any rule made, action taken, or thing

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 … Ram has been placed on records. It has further been stated that the orders with regard to respondents 9 to 17 and 32 would be produced at the time of hearing, no orders other than the one

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

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 … 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 … Ordinance XVII of 1948 was repealed by the Influx from Pakistan (Control) Ordinance XXXIV of 1948 on 10-11-3948. Section 9 of this Ordinance is :'(9) Repeal of Ordinance XVII of 1948 (1) The Influx from West Pakistan (Control)