Skip to content


Judgment Search Results Home > Cases Phrase: east punjab holdings consolidation and prevention of fragmentation act 1948 Sorted by: old Page 1 of about 525 results (0.049 seconds)

Jun 01 1953 (HC)

Uttam Singh Vs. Kartar Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1954P& H55

..... constitution thought were necessary restrictions in the interest of the rest of the citizens'.' 30. that avoidance of fragmentation of holdings is in the interests of the general public is plain from the provisions of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948. 31. again, it is plain that the implementation of the agnatic theory of succession in a state where ..... a very large portion of the population is governed by that theory is in the interests of the general public; indeed, the punjab act 2 of 1920 codifies one ..... branch of the agnatic theory of the law of succession. 32. plainly, an act ..... which tends to preserve the integrity of the village and the village community, implements the agnatic theory of the law of succession, avoids fragmentation of holdings; reduces the chances of litigation, promotes .....

Tag this Judgment!

Jul 02 1954 (HC)

S. Gursaran Singh and ors. Vs. Punjab State and ors.

Court : Punjab and Haryana

Reported in : AIR1955P& H161

..... village nowshehra punuam, in tehsil tarn taran of amritsar district. 2. on 17-7-1951 a notification under section 14 of the east punjab holdings' (consolidation and prevention of fragmentation) act, act 50 of 1948 was published for consolidation of agricultural holdings in village nowshehra punuam. this village has got three 'tarafs' and several 'pattis' in each 'taraf' which are: s. no.name of tarafname of pattis in each taraf.1 ..... being carried out till this court ordered that possession of the petitioners be not disturbed pending the hearing of the petition. 4. the constitutionality of the east punjab holdings (consolidation and prevention of fragmentation) act, act 50 of 1948 has been attacked on two grounds-- (1) that it infringes article 31 of the constitution and (2) article 14 of the constitution. in order to determine its constitutionality it is ..... necessary to refer to some of the provisions of this act. section 2(b) defines consolidation of holdings to mean-'2(b) 'consolidation of holdings' means the amalgamation and the redistribution of .....

Tag this Judgment!

Sep 01 1955 (HC)

Kure Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1956P& H88

..... constitution or that it can be considered as an appropriation of private property by the state. 10. i would therefore hold that section 18, east punjab holdings (consolidation and prevention of fragmentation) act, 50 of 1948, and punjab act 1 of 1954 are intra vires the constitution. the order of the consolidation officer whereby he reserved 11 acres of proprietary land for the use of non-biswadars was necessary in order to ..... harnam singh j., sitting singly. since the application sought to challenge the vires of section 18, east punjab holdings (consolidation and prevention of fragmentation) act, 50 of 1948, the matter was referred by him to a division bench. a reference to the petition, shows that the vires of the punjab common lands (regulation) act, 1 of 1954, was also challenged although harna singh j. did not make any reference to ..... give effect to the provisions of act 50 of 1948. this order does not amount to appropriation and is therefore valid in every .....

Tag this Judgment!

Dec 27 1956 (HC)

S. Tara Singh Vs. Director, Consolidation of Holdings, Punjab, Jullund ...

Court : Punjab and Haryana

Reported in : AIR1958P& H302

..... in the matter under section 42 of the act.the development minister inspected the records and after hearing the parties in the presence of the director ..... notification declared its intention to make a scheme for consolidation of holdings in this village. there seems to have been some dispute regarding the retention or abolition of a pathway in this village in the course of the proceedings that took place thereafter under the east punjab holdings (consolidation and prevention of fragmentation) act, 1948. tara singh petitioner moved the government to interfere ..... (consolidation) passed an order which was communicated to the petitioner by memorandum dated 3-12-1955. tara singh has filed ..... can appeal to the state government. but section 42 gives independent power to the punjab government to intervene suo motu at any stage of the consolidation proceedings. section 21 of the act does not exclude the independent operation of section 42 of the act.the mere fact that in the present case the pun' jab government was .....

Tag this Judgment!

Mar 29 1957 (SC)

Amar Singh Vs. Custodian, Evacuee Property, Punjab

Court : Supreme Court of India

Reported in : AIR1957SC599; [1957]1SCR801

..... pay the cost of consolidation if such consolidation comprises lands in his occupation. these and other such provisions, however, have no bearing on ..... 5 of the land revenue rules under the punjab land revenue act, 1887 (punjab act xvii of 1887), a quasi-permanent allottee is classed with other land owners as being eligible for appointment as zaildars. similarly by virtue of rules framed under the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (east punjab act l of 1948), a quasi-permanent allottee is liable to ..... the question at issue before us. 42. after the close of the arguments before us a recent decision of the punjab ..... reference to leases are omitted for the sake of simplification. the earliest provision in this behalf is of east punjab act xiv of 1947 which was inserted into it by east punjab ordinance xvi of 1948 replaced by east punjab act xlix of 1948. sub-section (2) of s. 9-a provides that notwithstanding anything contained in any enactment for .....

Tag this Judgment!

Dec 06 1957 (HC)

Fauja Singh Ram Singh and ors. Vs. Director Consolidation of Holdings, ...

Court : Punjab and Haryana

Reported in : AIR1958P& H305

..... of certiorari. reliance for this purpose has been placed on the observations of bishan narain j., in tara singh v. director, consolidation of holdings punjab, 59 pun lr 199: (air 1958 punj 302) (a).in that case it was held that section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 gave independent power to the state government to intervene suo motu at any stage of the ..... consolidation proceedings and the power of the government to pass any order it thought fit could not be cut down or limited by section ..... 21 of the act. it was further observed that the power exercised by the state government under section 42 was ..... and on the basis of which complete re-partition had taken place.14. for all the reasons given above, the petition will be allowed and the order of the director consolidation of holdings, punjab, dated 15-12-1956, will be quashed and it is ordered accordingly.15. the petitioners will be entitled to their costs in this court.

Tag this Judgment!

Sep 03 1958 (HC)

General S. Shivdev Singh and anr. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1959P& H453

..... powers which it exercises under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, to the additional director consolidation with effect from a prior date, namely, 17-6-1957. 2. the facts are not in dispute. the proceedings relating to consolidation of holdings started in village amlasinghwala, district sangrur, on 25-11-1954 under the pepsu holdings (consolidation and prevention of fragmentation) act, 2007 bk. (which will be referred to as ..... . on 12-2-1953 the following notification was issued: 'no. 283-div-5s (ch)/1167. in exercise of the powers conferred by sub-section (1) of section 41 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, the governor of punjab is pleased to notify that with effect from 17-6-1957 the powers of the state government under section 42 of the ..... act have also been delegated to the additional director, consolidation of holdings, punjab, p. s. multaniunder secretary to government punjab, forests and game preservation department.' the state did not file any written statement prior to 12-2-1958 and .....

Tag this Judgment!

Jan 05 1959 (HC)

Kundan and ors. Vs. Sardara Ramji Lal and ors.

Court : Punjab and Haryana

Reported in : AIR1959P& H206

..... courts.in civil revn. no. 27 of 1955 (punj.) the correctness of a record of rights prepared under the provisions of section 22 of the east punjab holdings (consolidation and prevention of fragmentation act 1948 was held to be capable of being challenged in a civil court.in that case also my lord the chief justice obseived that a record of rights ..... dua, j.1. the only question arising for consideration in this appeal is whether or not the present suit is barred by section 44 of the east punjab holdings (consolidation and prevention of fragmentation) act of 1948. jn so far as the merits are concerned the learned counsel for the appellants has conceded that there, is no substance in the appeal. the question ..... without jurisdiction. the only provisions of law on which the learned counsel for the appellant has placed reliance are section 44 of the east punjab holdings (consolidation and prevention of fragmentation) act and rule 7 of the east punjab holdings (consolidation and prevention of fragmentation; rules of 1949. section 44 reads thus --'no civil court shall entertain any suit instituted or application made, to obtain a decision ..... 1955 where the hon'ble the chief justice has observed that the jurisdiction of civil courts is not barred where question of tide in proceedings under the east punjab holdings (consolidation and prevention of fragmentation) act, is involved in civil revn. no.3 of 1953 (punj.) the landlords had brought a suit for the ejetment of their tenants and had obtained .....

Tag this Judgment!

Nov 05 1959 (HC)

Munsha Singh Dhaman Singh and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H317

..... question, however, which falls for decision in the instant case, is, whether this object was intended by the legislature to fall within the purpose and intent of the east punjab holdings (consolidation and prevention of fragmentation) act l of 1948. it is no doubt open to the legislature to achieve this object by suitable enactment, but, as at present advised, i am inclined to agree with the views ..... provision of law, are quashed. i will leave the parties to bear their own costs.dulat, j.(52) in the petitioners' village proceedings for the consolidation of land holdings are going on and a scheme has been prepared under the east punjab holdings (consolidation and prevention of fragmentation) act 50 of 1948. this scheme proposes, among other things, to set apart or reserve bank of india, or assign, as the ..... in this village in 1945, and the holdings of all the proprietors wee consolidated to the satisfaction of all concerned. the respondents again started consolidation proceedings in the village and prepared a scheme for consolidation. under the new consolidation proceedings, the estate was notified under s. 14(1) of the east punjab holdings (consolidation and prevention of fragmentation) act (no. 50 of 1948)--hereinafter called the consolidation act--as per notification no. 57-g/17943 .....

Tag this Judgment!

Aug 18 1960 (HC)

Kishan Singh S/O Gurditta and anr. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1961P& H1

..... reserved for common purposes. in the act, as originally framed, 'common purpose' was not defined, but clause ..... that article 31-a of the constitution saves the act and, therefore, the handing over of 20 acres of land to the gram panchayat under the impugned act is perfectly legal.3. the east punjab holdings (consolidation and prevention of fragmentation) act (act no. 30 of 1948) made provision for the consolidation of agricultural holdings and for preventing the fragmentation of agricultural holdings. under section 18 of this act some land out of the common pool couldbe ..... (bb) to section 2 was added by act 22 of 1954 and .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //