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Judgment Search Results Home > Cases Phrase: east punjab holdings consolidation and prevention of fragmentation act 1948 Year: 1963 Page 1 of about 1 results (0.058 seconds)

Jan 04 1963 (HC)

Bhikhan Bobla and ors. Vs. the Punjab State and ors.

Court : Punjab and Haryana

Decided on : Jan-04-1963

Reported in : AIR1963P& H255

..... inapplicable. it was urged that the proviso to clause (1) covered the case and the provisions of this article did not apply as the east punjab holdings (consolidation and prevention of fragmentation) act (50 of 1948) and punjab act 20 of 1953 which amended section 36 in the form in which it is at present did not receive the assent of the president. the ..... cases which has been referred for disposal by the full bench. the question mainly concerns the scope, legality and constitutionality of section 36 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter called the act).2. four writ petitions had been filed in this court under article 226 of the constitution praying for the issuance of an appropriate writ, order ..... of omission.65. the above discussion leads me to the following conclusions:(1) the provisions of article 31a of the constitution are attracted, and the east punjab holdings (consolidation and prevention of fragmentation) act (50 of 1948) in general, or section 36 in particular, cannot be deemed void on the ground that it is inconsistent with, or takes away, or abridges any ..... , j. and the concurrent note of learned brother dua j. i agree that the word 'may' in section 36 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, hereinafter to be referred to as the act, does not indicate that an option is given to the settlement officer whether or not to prepare the subsequent scheme in accordance with .....

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