Court : Punjab and Haryana
Reported in : AIR1981P& H313
..... declaration as required by section 5(1) of the act, yet the collector will have to follow the mandatory provision of section 5(1) and 5(2) and would provide permissible area to the landowner as also to his adult sons; (v) that the penalty provided in section 7(2) of the act would operate while determining the permissible area of the landowner; (vi) that in case a landowner dies after the determination of the ..... advisedly the legislature has made section 4 subject to section 5 and, therefore, even if on selection the landowner is not able to make up his permissible area or for any of his adult sons, he will have to remain content with the same and in no case he would be able to make up his permissible area from the unutilised surplus area declared under the ..... situate in more than one district, to the collectors concerned, through a declaration to be furnished in such form and manner and within such period as maybe prescribed and if such person has an adult son, he shall also be entitled to select separate permissible area in respect of each such son, out of the land owned or held by him, subject to the condition that the ..... in more than one distract to the collectors, concerned, through a declaration to be furnished in such form and manner and within such period as may be prescribed and if such person has an adult son, he shall also be entitled to select separate permissible area in respect of each such son, out of the land owned or held by him subject to the condition that the land so .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H217
..... it would indeed be a curious situation that if this is so qua the land-owner himself, yet as regards the separate unit permitted for his adult son, the same should be determined with reference to a constantly fluctuating day within three months of the date to be specified by the notification under section 9(1) sometimes ..... of his own permissible area the date immutably fixed by law should be 24th january, 1971, but for the purposes of separate unit under section 9(2), the corresponding provision for his adult sons, the criteria should be of a different date fluctuating whimsically for well-nigh five years thereafter. ..... petitioner is that with effect from the aforesaid date of enforcement there arose a vested right to a separate unit of permissible area which could be claimed for each adult son at the time of making the selection under section 9(2) of the act. ..... in this act, unless the context otherwise requires:-- (a) 'adult' means a person who is not a minor; (c) 'appointed day' means the twenty-fourth day of january, 1971; (f) 'family' means husband, wife and their minor children or any two more of them; explanation:-- xx xx xx (q) 'separate unit' means an adult son living with his parent or either of them and in case of his death his widow ..... the act it is apparent that the concept of a separate unit is not so much a right of the adult son himself to hold the land, but in essence is the right of the land-owning father to hold extra land for each one of his adult sons living with him. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR635
..... 5 of the reforms act is only procedural section and an omission by the landowner of not filing a declaration under section 5 of the reforms act would not take away his right for getting permissible area for his adult son when the collector has been enjoined upon under section 7 of the reforms act to pass an order determining the permissible area and the surplus area of the landowner. ..... it is clear that the entitlement of the landowner to get permissible area for his adult son is out of the land of the landowner held or possessed by him whether already declared surplus or not'. ..... since landowner has been given right to get permissible area for his adult son as well, omission of the landowner to file the declaration would not take away the right of his entitlement to get permissible area for his adult son in addition to the permissible area of the family. ..... has already been declared surplus from the operation of the provisions of section 5(1) of the reforms act, but on the contrary i find that the landowner has been entitled to select separate permissible area in respect of his adult son out of the land owned or held by him. ..... collector is duty bound while passing an order under section 7 of the reforms act to allow permissible area for the adult son as well. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H162
..... where land is situate in more than one district, to the collectors concerned, through a declaration to be furnished in such form and manner and within such period as may be prescribed and if such person has an adult son, he shall also be entitled to select separate permissible area in respect of each such son, out of the land owned or held by him subject to the condition that the land so selected together with the land ..... , and continued to be so till the date of transfer; or (iv) in favour of a religious, charitable or educational institution of a public nature solely for the purposes of the institution,the extent of land owned or held by such family or adult unmarried person shall be calculated for purposes of fixing the extent of land to be surrendered under this section as if such transfer had not taken place, and such family ..... or adult unmarried person shall be bound to surrender an extent of land which would be in excess of the ceiling area on such calculation, or, where such family or person does not own or hold such extent of land, ..... thus obvious that the husband or the wife or the eldest surviving member of the family, while making the selection, and other junior members by attaining adult hood or getting married, as the case may be, can deprive the other members of the family of the area held by them at his or her .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1990CriLJ2364
..... heinous crimes as defined in (d) below their cases may be considered after completion of 8 1/2 years of substantive detention including undertrial/detention period, provided that the total period of such detention including remissions is not less than 14 years d) adult life convicts involved in heinous crimes such as dowry deaths, bride burning, spouse killing, and, cases disclosing great depravity of character and greed and those involving extreme brutality murder with rape, murder while ..... it was further pleaded that according to the aforesaid instructions issued by the state government on 28-9-88, cases for grant of premature release of adult life convicts i.e. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H116
..... , and where land is situate in more than one district, to the collectors concerned, through a declaration to be furnished in such form and manner and within such period as may be prescribed and if such persons has an adult son he shall also be entitled to select separate permissible area in respect of each such son, out of the land owned or held by him subject to the condition that the land so selected together with the land already ..... 3 consist of seven members, there is no escape from the conclusion that each of the adult son will have to be allowed additional area for the members in excess of five as laid down in second ..... second proviso to s.4(2) of the act clearly directs that if the family members of the adult son exceeds five, the permissible area shall be increased by one-fifth of the permissible area for each member in ..... return under the provisions of the punjab land reforms act, 1972, jaswant singh, plaintiff, has two adult sons namely bhup-inder singh and bharpur singh on the appointed date. ..... of the act in the light of the scheme laid down in the act clearly shows that for determining separate permissible area for each adult son of the land owner a reference to the definition of permissible area as given in s. ..... the act lays down that every land owner who owns or possesses land shall select his permissible area and intimate about his selection to the collector and further if such person has an adult son he shall be entitled to select permissible area in respect of each son.13. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H5
..... and where land is situate in more than one district, to the collectors concerned, through a declaration to be furnished in such form and manner and within such period as may be prescribed and if such person has an adult son, he shall also be entitled to select separate permissible area in respect of such son, out of the land owned or held by him, subject to the condition that the land selected together with the land already owned ..... the cases of landholders where the surplus area has been finally determined under the punjab law or the pepsu law, the right to retain land to the extent of the permissible area in respect of an adult son shall be restricted to or exercisable out of the permissible area already allowed to him under the punjab law or the pepsu law. ..... (1) it is provided that in the event of a person owning land in excess of the permissible area, he shall select his permissible area and if such a person has an adult son, he shall also be entitled to select separate area in respect of such son, of course, out of the land owned or held by the former. ..... the landholder shall not be entitled to retain land to the extent of the permissible area in respect of his adult son out of the surplus area already determined under the punjab law or the pepsu law.9. ..... the learned counsel for the petitioners is that under the pepsu act no area could be retained by the landowner as permissible area in respect of his adult son whereas under the reforms act, a landowner can retain such area under s. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H33
..... declaration of intention to constitute or alter limits of municipality: (1)(a) when the state government is satisfied that three-fourths of the adult male population of any town are engaged on pursuits other than agriculture and that such town contains not less than five thousand inhabitants, and an average number of not less than one thousand inhabitants to ..... supreme court held that s.4(1) of the bihar and orissa municipal act contemplates a town containing not less than five thousand inhabitants and a town of a particular density of population and further that three-fourths of the adult male population should be engaged in pursuits other than agriculture. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H242
..... through a declaration to be furnished in such form and manner and within such period as may be prescribed and if such person has an adult son, he shall also be entitled to select separate permissible area in respect of each such son, out of the land owned or held by him, subject to the condition that the land so selected together with the land already ..... under the punjab act, since this land had already been declared surplus under the punjab act there was no question of providing a fresh opportunity to hakumat rai to select his permissible areas for his adult sons under section 5 of the reforms act. ..... the landowner could not be permitted to select his permissible area or the permissible areas for his adult sons under section 5 of the reforms act. ..... is not entitled to any fresh selection of his permissible area, areas which had been declared surplus under the punjab act are not available to the landowner for selection as separate permissible areas for his adult sons under section 5 of the punjab act. ..... it is then argued that when the reforms act came into force, hakumat rai, petitioner had five adult sons who are petitioners 2 to 5. ..... 2 to 6 are the adult sons of petitioner no. 1.2. ..... , it has been clearly held that the landowner whose land has been declared surplus under the punjab act, is not entitled to fresh selection of his permissible area or any selection of permissible areas for his adult sons. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)137PLR742
..... to the collector, and where land is situate in more than one district, to the collector concerned through a declaration to be furnished in such form and manner and within such period of as may be prescribed and if such person has an adult son, he shall also be entitled to select separate permissible area in respect of each such son, out of the landlord or held by him, subject to the condition that the land so selected together with the land already owned ..... ' the afore-quoted provision of section 5(1) of the 1972 act makes it abundantly clear that the legislature in its wisdom made each adult son of the landowner eligible to carve out his separate permissible area out of the land held by his father. ..... who has not been divested of his ownership of the surplus area before the punjab land reforms act, 1973 is entitled to select the permissible area for his family and for each of his adult sons in view of the provisions of section 4 read with section 5(1) of the punjab land reforms act. ..... still further, section 5(1) of the 1972 act confers right on the landowner to select his permissible area as well as the permissible area for each of his adult son on the appointed day. ..... the fact that the petitioners who are the sons of chuhar singh, were adults on the appointed day i.e. ..... as the petitioners were adults on appointed day, they are, thus covered under the provisions of section 5(1). ..... the petitioners being adults, aren't thus, covered under the definition of self-cultivation quoted above.7. .....
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