Court : Punjab and Haryana
Reported in : AIR1961P& H34
..... of this constitution by any legislature, authority or person having power to make such a law, ordinance, order, bye-law, rule or regulation;' therefore the position that emerges is that the act is a valid central act, which has incidentally legislated about a matter, which is the subject-matter of an 'existing indian law', though the field of that 'existing indian law' is now under the constitution of ..... provided that if it appears to the settlement officer that the public dues owing from the allottee do not exceed two thirds of the compensation payable to him in respect of property other than agricultural land he shall pass an order transfer-ing the property allotted to the allottee in permanent ownership as compensation and shall issue to him a sanad in the form specified in appendix xvii or xviii as ..... sum or in instalments, from the displaced person on account of loans granted to him by the central government or a state government or the rehabilitation finance administration constituted under the rehabilitation finance administration act, 1948 (12 of 1948), and any interest on such loans;(iii) the amount of purchase money or any part thereof and any interest on such amount or part remaining unpaid and recoverable from ..... allotted land in lieu of the lands left by them in pakistan and with regard to these lands, proprietary rights have -also been conferred on them under the displaced persons (compensation and rehabilitation) act (no. ..... 216/d of 1955, and the latter ..... (west publishing .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H110
..... the supreme court held in that case that persons inducted into agricultural land as tenants by a usufructuary mortgagee who have become entitled to rights of khatedar tenants by virtue of section 15 of rajasthan act 3 of 1955, cannot be ejected by the mortgagor on the ground that the mortgage of the land had been redeemed. ..... ejectment from the land tenanted to him by the provisions of section 9 of the punjab security of land tenancy act, 1953 (punjab act 10 of 1953 hereinafter referred to as the 'protection act') because the pre-emptor is a 'land-owner' within the meaning ascribed to that phrase by clause (1) of section 2 of the said act, and the appellant is a 'tenant' within the meaning of clause (6) of that section, 'land-owner' is described in the protection act to mean a person who is defined as such in the punjab land revenue act, 1887 (act 17 of 1887--hereinafter referred ..... pre-emption money in court under the pre-emption decree, and that the appellant being a person who does not hold the land in question in his own right as an owner but under 'another person' and is liable to pay rent for that land 'to that other person' section 9 of the protection act has an immediate and, complete impact on the situation and absolutely prohibits the ejectment of the tenant except in circumstances mentioned in section 9 the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1986P& H203
..... in force or in any agreement instrument, custom or usage or any decree or order of any court or other authority all rights, title and interests whatever in the land,--(a) which is included in the shamilat deh of any village and which has not vested in a panchayat under the shamilat law shall, at commencement of this act, vest in a panchayat constituted for such village, and where no such panchayat has been cosntituted for such village, vest in the panchayat on such ..... it would be profitable to read the relevant statutory provisions at this stage:--the punjab village common lands (regulation) act, 1961: section 2: definitions--in this act unless the context otherwise requires,-- (a) to (f) ** ** ** ** ** (g) 'shamilat deh' includes- (1) to (3) xx xx xx xx xx xx xx xx xx xx (4) lands used or reserved for the benefit of village community including streets, lanes, playgrounds, schools, drinking wells or ponds within abadi deh or gorah deh. ..... we are of the considered view that the gram panchayat is competent to transfer a portion of the land in a street or a lane which the abadi deh or gerah deh vested in it and can also change its user. ..... since the streets and lanes shamilat deh, and they vest in the gram panchayat, the land under them can be put to any one or more of the uses enumerated in sub-r. (2) of rs. 3. ..... a 25 wide passage from east to west was left for the use of villagers.3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H1
..... state of west bengal, air 1976 ca1 149, concluded as under: '***** non-service of the notice on the petitioner even if the petitioner was entitled to any notice under section 9(3) will only affect the claim of the petitioner with regard to ..... however, it is not only the massive weight of precedent which persuades me to the view i am inclined to take but equally if not more so the larger scheme of the act itself this is itself indicative of the fact that individual or personal notices to persons interested at the time of both the acquisition of land or the awarding of compensation therefor is not the absolute requirement of law. ..... in this act, unless there is something repugnant in the subject or context:-- (a) * * * (b) the expression 'person interested' includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this act; and a person shall be deemed to be interested in land if he is interested in an easement effecting the land:x x x x' what calls for notice is that this is merely an inclusive definition and precedent has extended the concept of a 'person interested' to the widest of a amplitude. ..... wish to record that for the detailed reasons stated hereinafter, the answer to the aforesaid question has to be rendered in the negative, because of the massive weight of precedent, the clear and the specific provisions of the land acquisition act, end upon larger principle.3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P&H55
..... west bengal v. ..... , and (v) that the company or the, firm for whose benefit the land was sought to be acquired under the act was not a 'person son interested' and an application on its behalf for being impleaded as a party to the proceeding was not legally maintainable.4. ..... that judgment had laid down certain basic principles,-with regard to the doctrine of precedent as also elaborated the import of 'a person interested' under the land acquisition act who could claim to be impleaded in proceedings thereunder. ..... 4 of the land acquisition act. ..... in which it was clearly held that any company for whose benefit the land is acquired is undoubtedly an interested person. ..... 1894 (hereinafter called 'the act'), for the public purpose of the expansion of saluja spinning and weaving mills for the manufacture of cotton yarn, and the subsequent declaration under s. ..... 6 of the act vide notification (annexure p/5), dt. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1995)DMC125
..... in sudhir kumar's case (supra), the court relying upon the ratio of decision of the supreme court in state of west bengal and ors. v. ..... param jit kaur under section 406 of the indian penal code (for short 'the code') on the ground that the complaint is a counter-blast to a petition filed by hardeep singh under section 13 of the hindu marriage act (for short the act') and is otherwise a tissue of lies and the assertions made therein are palpably false. ..... submission of the learned counsel for the petitioners is that the _present complaint as a tissue of lies and has been filed as a counter-blast to hardeep singh's petition for dissolution of marriage by a decree of divorce under section 13 of the act which was filed on 11.10.1988 whereas the present complaint is dated 9.2.1989. ..... support was sought from section 41 of the indian evidence act and the decision in case reported as chander kumar sharma v. ..... elaborating the counsel urged that, as per section 41 of the indian evidence act, any final judgment, order or decree passed by a competent court in exercise of its matrimonial jurisdiction is conclusive and so a decision on a petition under section of the act would bind the party. ..... the court is to examine whether decree of divorce is to be passed in terms of section 13 of the hindu marriage act. ..... it was denied that the complaint has been filed as a counter-blast to the petition filed under section 13 of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H239
..... debt is due or is being claimed; and a 'displaced person' meant any person who, on account of the setting up of the dominions of india and pakistan, or an account of civil disturbance or the few of such disturbances in any area now forming part of west pakistan, has, after the 1st day of march, 1947 left, or been displaced from, his place of residence in such area and who has been subsequently residing in india and includes any person who is ..... resident in any place now forming part of india and who for that reason is unable or has been rendered unable to manage, supervise or control any immovable property belonging to him in west pakistan, but does not include a banking company.section 3 gives over-riding effect to the act, rules and orders wherever they are inconsistent with any other law and is in these terms:'3 ..... . this decision of the bombay high court it may be mentioned, deals with land acquisition act.it is of some interest to note that another division bench of the bombay high court had, as far back as 1927, expressly held that a commissioner under the workmen's compensation act was not a court within the meaning of section 115, civil procedure code; vide trustees of the port of bombay v ..... . messrs mani lal, (s) air 1955 punj 197, j. l ..... . 325 of 1953, d/- 26-11-1954 (punj), in november 1954 came to an independent conclusion without their attention having been drawn to ram labhaya's case, ilr 1955 punj 490 ..... . kirpa ram, ilr 1955 punj 490 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)133PLR734
..... commissioner has done in the case is that after setting aside the orders of the collector as well as the commissioner, he remanded the matter to the deputy commissioner, ferozepore to deal with the land in question as after the dissolution of the punjab bhudan yagna board vide notification dated 5.11.1982, the deputy commissioner is only authorised to exercise and perform the duties, powers and functions of the ..... are said to be attached with the donation paper are not actually attached therewith and this omission would lean towards vagueness of the land mentioned in the said donation paper.however, i over-rule this objection in consideration of the view that the acreage of the lands donated by sardarni chanan kaur in the two villages for use in accordance with the programme of shri vinobha bhave for useful purposes ..... the ground that the procedure prescribed under section 17 of the punjab bhudan yagna act, 1955 (hereinafter referred to as 'the bhudan act') was not followed. ..... with the learned counsel for the appellants that this case does not concern exclusively the proceedings under bhudan act but the question is whether the land should be mutated in favour of the bhudan board or the persons possessing the will.' 9. ..... : 'i have considered over the matter and find that the procedure laid down in section 17 ibid was, no doubt, not followed by sardarni chanan kaur for donating her land to the bhudan board but, in my view, this was only a technical omission on the part of her advisers. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H310
..... a brief survey of the different provisions of the act which determine the controversy raised in this revision petition:--section 2 of the act provides that notwithstanding anything contained in any enactment for the time-being in force, the act will apply to any subsisting mortgage of land, which was effected prior to june 8, 1901. ..... comes to a finding that the mortgage is one to which the act applies and that the value of benefits enjoyed by the mortgagee while in possession equal or exceed twice the amount of principal sum originally advanced under the mortgage, he shall make an order in writing that the mortgage be extinguished and if the mortgagee is still in possession, the mortgagor be put into possession of toe mortgaged land as against the mortgagee and that the title deeds, if any ..... the predecessors-in-interest of the defendants had mortgaged with possession the suit land with the predecessor-in-interest of the plaintiffs before june 8, 1901, the defendants or their predecessors-in-interest had not got the land redeemed and with the afflux of time, the plaintiffs had become its owners long before 1980 when the application for restitution under section 4 of the punjab restitution of mortgaged lands act, 1938 (for short 'the act') was filed. ..... soon after the supreme court pronounced its judgment in bengal immunity co. ..... 431: (air 1955 punj 92), projecting a contrary view, are no more good law. ..... air 1955 sc 661, on september 6, 1955. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H351
..... it then follows in the light of the above noted observations of the supreme court that non-redeeming mortgagors could also enforce their right of securing possession of the land to the extent of their shares within that very period, that is, twelve years, on payment of their share of the mortgage money.7. ..... in the face of this conclusion of mine these appeals apparently have no merit as by the time the land in question was acquired and compensation for the same was determined. ..... this is equally the undisputed position that in the absence of applicability of this act to the state of punjab, the principles of justice, equity and good conscience govern the situation and these principles have all through been made applicable in this state ..... 30 of the land acquisition act and the land acquisition court (additional district judge), hoshiarpur has upheld the claim of the non-redeeming mortgagors to have the compensation to the extent of their shares minus the amount payable to the redeeming mortgagor-appellants on the ..... lal's case (air 1953 sc l) (supra) was a case from punjab where undisputably the provisions of transfer of property act and more particularly section 92 thereof are not applicable as such. ..... 61 of the limitation act, 1963 or (ii) by filing a suit for possession of their share of the land against the appellants (redeeming mortgagors) within a period of twelve years from the date (may ..... sadhu ram (1968)70 pun lr 37 (sn) air 1955 nuc 5719 (punj) (rsa no. ..... 1955): and khuda bakhsh v .....
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