Court : Punjab and Haryana
Decided on : Dec-06-1957
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!
Court : Supreme Court of India
Decided on : Mar-29-1957
Reported in : AIR1957SC599; 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!
Court : Mumbai
Decided on : Feb-21-1957
Reported in : AIR1957Bom252; (1957)59BOMLR616
..... terminations, less than half the area of the land leased to him, or in such a manner as will result in a contravention of the provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947, or if the tenant has become a member of a co-operative farming society and so long as he continues to be such member. the imposition of ..... and 32d confer upon the tenants the right to choose the lands to be purchased when the tenant holds land separately from more than one landlord, and enable a tenant even to purchase a fragment notwithstanding the provision of the bombay prevention of fragmentation and consolidation of holdings act.34. by section 32f there is a further extension of the period for exercising of the right of ..... and khatas were prepared under the land revenue code only in respect of occupants and superior holders of land. under section 10-a of the bombay tenancy and agricultural lands act, 1948, the duty to pay land revenue and irrigation cess and also the local fund cess is imposed upon the tenant: thereby the primary liability to pay the assessment is shifted ..... was in material partsidentical with entry no. 18 in the ii list of theseventh schedule to the constitution. theirlordships held in that case that under entryno. 21 the punjab restitution of mortgagedlands act, 1938, which provided for the restitution of possession of lands mortgaged under theact to the mortgagors on less onerous terms andfor the extinguishment of the mortgages, wasintra vires .....Tag this Judgment!