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Judgment Search Results Home > Cases Phrase: east punjab holdings consolidation and prevention of fragmentation act 1948 Year: 1962 Page 1 of about 5 results (0.069 seconds)

Oct 10 1962 (SC)

Roop Chand Vs. State of Punjab

Court : Supreme Court of India

Decided on : Oct-10-1962

Reported in : AIR1963SC1503; (1963)65PLR576; [1963]Supp(1)SCR539

..... will be entitled to the costs of this petition.kapur, j.25. the decision of this case depends upon the construction of two provisions of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, (punj. 50 of 1948), hereinafter termed 'the act'; those provisions are sections 21(4) and 42. the former section confers on the state government appellate powers and the latter the power to call for ..... sarkar, j.1. this petition under art. 32 of the constitution asks for a writ quashing an order purported to have been made under s. 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948. it is said that the order was entirely without jurisdiction and if allowed to stand, it would deprive the petitioner of certain lands and so wrongly affect his fundamental rights ..... an officer and as he is appointed under this act and has to perform duties relating to administration of this act, he must be held to be an officer under this act.' falshaw, j., as also bishan narain, j., were dealing with the pepsu holdings (consolidation and prevention of fragmentation) act. this act however contained the same provisions as the act now before us though the sections were numbered differently .....

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Oct 31 1962 (HC)

Jaljodhan Singh S/O Pritha Singh and anr. Vs. Kirpa Singh S/O Nagahia ...

Court : Punjab and Haryana

Decided on : Oct-31-1962

Reported in : AIR1963P& H178

..... written application, the decree-holders never pleaded that possession should be delivered to them of a portion of the land allotted to ths judgment-debtors on repartition under the east punjab holdings (consolidation and prevention of fragmentation) act, 1948. in the absence of any plea or issue, the cryptic words of the executing court, that this cannot be done in law, cannot be raised to the ..... execution of the decree for possession of specific field numbers against corresponding land given in exchange as a result of consolidation of holdings. this certainly was a wrong view, having regard to the provisions of section 27 of the east punjab holdings (consolidation and prevention of fragmentation) act. the other view seems to be more in accord with reason, as, in thinking that the oral request of ..... to the judgment-debtors on repartition. on 29th october, 1954, a suit was filed seeking possession of land of equal value out of the area allotted on repartition on consolidation of holdings to the judgment-debtors. it is not necessary to refer to all the defences taken. the objection which prevailed with the trial court was that, in view of ..... in his report, however, suggested that the executing court might order that the decree be executed against the judgment-debtors in respect of the land allotted to them on consolidation of holdings equivalent in value to the field numbers which were the subject-matter of the decree. on 29th july, 1954, the executing court passed a brief order in the .....

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Apr 23 1962 (SC)

Lachhman Das on Behalf of Firm Tilak Ram Ram Bux Vs. State of Punjab a ...

Court : Supreme Court of India

Decided on : Apr-23-1962

Reported in : AIR1963SC222; [1963]2SCR353

..... in support of this contention on the decision of the full bench of the punjab high court in general s. shivdev singh v. the state of punjab , that it was not competent to the punjab government to delegate the functions assigned to it under s. 42 of the east punjab holdings consolidation and prevention of fragmentation) act, 1948, to the additional director, the contention being that the minister or the secretary ..... cannot abdicate his functions under the act to the managing director. but the appellants have overlooked that ..... in form no. i and ii prescribed under the act, the provision for countersignature is directed to be struck out .....

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Jan 29 1962 (HC)

Firm Adarsh Industrial Corporation Vs. Market Committee, Karnal

Court : Punjab and Haryana

Decided on : Jan-29-1962

Reported in : AIR1962P& H426

..... of 1952), section 85 of the punjab gram panchayat act, 1952 (4 of 1953), section 76 of the punjab panchayat samitis and zila parishads act (3 of 1961), and ..... subsequent act. there are a number of acts expressly providing recovery of rates, taxes, cesses and fees, etc., as arrears of land revenue. for illustration reference may be made to section 29 of the east punjab holdings (consolidation and prevention of fragmentation) act (50 of 1948), section 10 of the utilization of lands act (east punjab act 38 of 1949) section 12 of punjab betterment charges and acreage act (2 ..... section 47 of the indian post office act ..... . for the first time, a sum due to a committee from any person was made recoverable as arrears of land revenue by section 41(2) of punjab act 23 of 1961. this distinction is material for examining the force of the argument based on the principle inclusion-unius est exclusio alterius-the inclusion of one .....

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Aug 21 1962 (HC)

Gurbachan Singh Partap Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Aug-21-1962

Reported in : AIR1963P& H558

..... make an entirely different order setting aside the order of the subordinate authority. a somewhat similar point under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act. 1948 (act no. 50 of 1948) came up before a division bench of this court in jamadar uttam singh v. state, air 1960-punj 230 and it ..... was held that a tribunal constituted by this act has not been invested with the power to vacate an order passed by it and ..... review its own order, it cannot exercise this power arbitrarily and without reason. section 42 of east punjab act no; 50 of 1948 was in almost the same terms as sub-section (i) of section 24 of act no. 44 of 1954. in a recent judgment of this court satnani singh v. union of ..... india, 64 'pun lr 714 it was held that under section 33 of the act the central government may at any time call for the record of any proceeding under this act ..... principle should, to my mind, be applied so far as the powers of revision of the chief settlement commissioner under section 24 of the act are concerned. the second representation made on behalf of respondent no. 3 against the transfer of the property in dispute to the petitioner was .....

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