Judgment Search Results Home > Cases Phrase: the punjab preemption repeal act 1973 Page 3 of about 17,398 results (0.357 seconds)

Sumitra Devi Vs. Rameshwar Dayal and ors.

Court : Delhi

Reported in : 36(1988)DLT217

..... aggarwal has been that the punjab preemption act, 1913 (for short 'the act') has since been repealed by the punjab pre-emption (repeal) act, 1973, and as such the suit was incompetent. ..... repeal of this act in punjab by the repealing act of 1973 would have no bearing on the applicability of the act to delhi. ..... he pointed out that by act x of 1960 of the punjab legislature section 16 has in fact been repealed as a whole and has been substituted by a provision creating a right only in a tenant to preempt the property held by him when the landlord desires to sell it. ..... in paragraphs 3 and 4 of the plaint the plaintiffs did state that there was a custom in the locality that a co-sharer would have a preferential right to purchase the share of the other co-sharer and further the premises in question were situate in old city of delhi in daiwara, nai sarak within the boundary walls of old delhi where the customs of pre-emption had judicially been noticed and recognised and further that the punjab pre-emption act, 1913 was applicable to delhi. ..... punjab act x of 1960 however has not been extended to delhi and here the punjab pre-emption act of 1913, the act with which wearer concerned, still applies'. ..... the repeal of the act in punjab does not automatically repeal the act as in force in delhi. mr. .....

G. Ambiga Ammal Vs. Selvaraja Mudaliar

Court : Chennai

Reported in : (1975)2MLJ51

..... an appeal preferred by one set of pre-emptors against the order of the high court allowing the rival preemptor's appeal by reducing the preemption money under the punjab preemption act (x of 1960). ..... or remedy may be instituted or continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been ..... he has observed that,when what is called a permanent act, that is to say, an act which is of indefinite duration is repealed, section 8 of the general clauses act, 1891 (madras) provides that unless a different intention appears the repeal shall not affect any right, privilege, obligation or liability, acquired, accrued or incurred under any enactment so repealed or affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding ..... observations will not apply to the case now before me, because this is not a case where a temporary act had ceased to exist and had been repealed by a permanent act. .....

Sardha Ram and Vs. Abdul Majid Mohd. Amir Khan and ors.

Court : Punjab and Haryana

Reported in : (1960)62PLR201

..... the commentary explained that the rule was not defended on economic considerations, but as an ancient one, endeared to the rustic population; and it was said,'for social and political reasons for the sake of preserving the integrity of the village communities, it is thought fit to place in their hands a power of checking intrusion of strangers'.the punjab pre-emption act was enacted in the year 1905, amended in the year 1913 and further amended in the ..... reasons i am of the opinion that the provisions contained in clause sixthly of section 16 of the punjab pre-emption act, 1913, are not ultra vires the provision of article 19 of the constitution of india.dulat, ..... any particular case is difficult of ascertainment; that the choice of measures if for the legislature; that the legislatures are presumed to have investigated the subject and to have acted with reason, that an act of the legislature should be sustained unless it violates constitutional limitations beyond reasonable question and that a law will not be declared unconstitutional unless unconstitutionality is clear.they have ignored the objects which the framers of the pre-emption act had in mind and have assigned no reason for ..... was held that the mohammadan law of preemption which was the law of the state of hyderabad before the commencement of the constitution, was repugnant to the provisions of art ..... subject to the provisions of the constitution, the legislature has full power to make, alter and repeal laws in respect of mattes .....

inder Singh Vs. Gulzara Singh and anr.

Court : Delhi

Reported in : AIR1969Delhi154; 4(1968)DLT660

..... 9 in spite of the repeal of the punjab alienation of land act, 1900 and of a full bench decision of the punjab high court in uttam singh v. ..... since the sale in this case was in respect of a share out of the joint land by one of the co-sharers, the short question that falls for determination is the interpretation of section 15 (1)(b) clause thirdly of the punjab pre-emption act, 1913 (punjab act 1 of 1913) as amended by punjab act no. ..... in regard to the effect of section 17, apart from the important fact that section 15 does nto in terms create any right of pre-emption claimable in the capacity of heirs, i am also extremely doubtful if the rule of succession governing the possible pre-emptors, clothed with the right of pre-emption under the punjab pre-emption act (hindus, muslims and christians etc. ..... first, because the claim of preemption is nto in terms retained in the persons entitled to pre-empt in their capacity as heirs, as was the case before the amendment of 1960, and secondly because i also find the continued retention in the act of sections 3 (4), 14, 23, 24, 29 and the concluding clause of s. ..... in the result, it must be held that the plaintiff had a superior right of preemption over the vendees and was en- titled to succeed. ..... in sec- corporation 15 (1) (b) thirdly the word 'or' has been used between two classes of pre-emptors and if i were to hold that they have been given a joint right of preemption, i must of necessity read the word 'or' as 'and'. .....

Chhitarmal and anr. Vs. Motilal and ors.

Court : Rajasthan

Reported in : 1974WLN523

..... the word 'shop' has not been defined under the rajasthan preemption act but it has been the subject-matter of discussion in a number of preemption cases under the punjab preemption act, 1905 and the punjab pre-emption act, 1905. ..... it is further argued that the roof on account of it being an indivisible part of the shop must be held to be exempted from the claim of preemption under section 5(1)(a) of the rajasthan pie-emption act and consequently, the suit for preemption in respect of the roof and the stair-case which is being used solely for the purpose of going to the roof could not be the subject-matter of preemption. mr. ..... the suit for pre-emption having been decreed by the court below, the defendant-vendees have preferred this appeal on the ground that the property sought to be per-empted, namely, the roof of the shops, being indivisible part of the shops, no right of pre-emption accrues to the plaintiff-respondents under section 5(1)(a) of the rajasthan pre-emption act, 1966 the learned district judge has held that section 5 of the said act is not applicable to the property in dispute. mr. m.b.l. ..... --decided on 29-4-74, it was he'd by me on consideration of the various cases decided under the punjab pre-emption acts including jhabbanlal's case (supra) cited by mr. ..... 183 of 1973 laxminarain v. .....

Suresh Kumar (Died) Through L.Rs and Another Vs. Shiv Kumar (Died) Thr ...

Court : Punjab and Haryana

..... according to him, it is observed by learned first appellate court that the documents were not reported to the revenue authorities as was required under section 123 of the punjab land revenue act, and, therefore, documents cannot be taken to have severed the status of the parties to the joint land. ..... it is also claimed that custom of pre-emption was not prevalent where the property in dispute is situated on the date of extension of punjab pre-emption act, 1913 and accordingly, the suit for preemption does not lie. ..... he has further claimed that though, an application was moved for obtaining permission to lead secondary evidence regarding contents of the same, yet the same was not pressed and was dismissed by learned trial court vide order dated 31.1.1984. ..... it is claimed that if the plaintiff succeeds in establishing his right of preemption, he may be directed to pay rs.11592.50 alongwith interest to the defendants. ..... the plaintiff is denied to have any right of preemption. ..... it is held that in the latter case, the memorandum itself does not create or extinguish any rights in immovable properties and, therefore, does not fall within the mischief of section 17(2) of the registration act. ..... whether the plaintiff is estopped by his act and conduct to file the suit? .....

Umrao Singh Vs. Mst. Munni and ors.

Court : Punjab and Haryana

Reported in : AIR1958P& H83

..... by shrimati munni as the rival pre-emptor claiming possession by way of pre-emption under section 15 (b) thirdly, of the punjab pre-emption act as the heir of the vendors. ..... the vendees on the condition that she should deposit the pre-emption money less the money already deposited in court on or before the 15th of october, 1955.in case she defaulted in making the payment of the pre-emption money within the time allowed to her, her suit would stand dismissed with costs, and umrao singh, the rival pre-emptor, would be entitled to a decree for possession by pre-emption of the land in suit against the defendant-respondents on payment of the like amount to the ..... that there must be an end of litigation.there is not only nothing here to attract the principles underlying the rule of res judicata, but, on the other hand, it seems to me, that the acceptance of such a plea in such circumstances would strike at the very root of the basic conception of the doctrine which requires that a party must have at least one fair trial of the issue resulting in a decision by the court of ultimate appeal as allowed by the law for the time being in force.'11. ..... jagan nath seth is that for passing a decree in preemption suit there are special provisions, and order 20 rule 14 of the code lays down a specific manner in which a decree in such ..... which umrao singh was the plaintiff the trial court passed a decree for possession by preemption of the land in suit in his favour against the defendants on payment of .....

Radhka NaraIn and ors. Vs. Chandra Devi and anr.

Court : Delhi

Reported in : AIR1981Delhi118; ILR1982Delhi525

..... the punjab pre-emption act does not apply to the state of delhi after it was repeated by repeal- ing act of 1973 ..... the wall ab which is a common wall; (2) that there are doors on the ground floor and in the first floor in the wall ab ; and (3) that there is a ventilator and an almirah in the common wall on the ground floor and that the above casementary rights gave the plaintiffs the right to pre-empt the sale under clause fifthly of section 16 of the punjab premption act. ..... , whether by the placing of the rafters and beams on the wall ab the plaintiffs acquired any easementary rights within the meaning of clause fifthly of section 16 of the punjab pre-emption act. ..... whether the punjab pre-emption act as applicable to delhi is un-constitutional for the reasons in the written ..... the pre-cnipti^n is claimed on ground fifthly of action 16 of the punjab pre-emption act ..... the rule contained in the cited authorities it would follow that the owners of both the tenements that is 2777 and 2778 have the right to the use of the full wall ab, the only prohibition being that the user of the wall should not interfere with the enjoyment of the wall by the ..... -wall held in co-ownership is to be treated as a structure which is to be utilised for the common benefit and convenience of both the owners of the tenements which it separates; each one of them is entitled to the full user of the wall the only restriction being that the user of the wall should not interfere with the enjoyment of the wall by the other. .....

Punjab Small Industries and Export Corporation Ltd. Vs. Lt. Col. T.S. ...

Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh

..... where any punjab act [ ] authorises or requires any document to be served by post whether the expression service or either of the expressions give or send or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. 21. ..... the complainant referred to clause 25 of the punjab general clauses act, 1898 which provides for manner of service by post and it reads as under: 25. ..... assistant has not deposed that he was in-charge of the matter relating to the despatch of the letters and he had personally despatched the same by observing the conditions mentioned in clause 25 of punjab general clauses act, 1898 which has been quoted above and which are applicable to the o.p.-p.s.i.e.c. 22. ..... nainital lake development authority and others, iii (1996) cpj 11 (nc), since the plot was auctioned at the auction sale, the purchaser could not be said to be a consumer as defined by section 2(1)(d) of the consumer protection act, 1986 [for short hereinafter referred to as the c.p. ..... the opposite party of the complaint case punjab small industries and export corporation ltd. ..... it was held that the public authority entrusted with the statutory functions cannot act negligently and the c.p. .....

Hemareddi (D) Through Lrs. Vs. Ramachandra Yallappa Hosmani .

Court : Supreme Court of India

..... the question involved was whether the right of preemption would continue to be available despite the repeal of the punjab alienation of land act, 1900. ..... an attempt was made under order xxii rule 2 by contending that the nine appellants constituted a joint hindu family and on the death of one of the appellants, the right to sue survived in favour of the remaining appellants, as at that time the hindu succession act had not been passed, was repelled on facts by holding that the appellants did not constitute a joint hindu family. ..... ii) the other class of claims were from the proprietors/co-owners on the basis that the acquired land was not land as defined under section 3(13) of the delhi land reforms act, since they were being used for 29 purposes non-agricultural and therefore, they neither could be said to be wasteland nor could be held to have vested in the gaon sabha, for either of them to claim any title to the lands in question and, therefore, they continued to be proprietors of the soil and as such entitled to the compensation ..... in the course of the award enquiry claims were filed before the land acquisition collector by three categories of claimants as hereunder: act, 1894 i) claims by the union of india and the gaon sabha that the lands acquired stood vested with the gaon sabha they being wasteland under section 7 of the delhi land reforms act, 1954. ..... nathu ram air1962sc89 the punjab government had acquired certain pieces of land belonging to two brothers. .....