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Judgment Search Results Home > Cases Phrase: east punjab holdings consolidation and prevention of fragmentation act 1948 Year: 1981 Page 1 of about 6 results (0.110 seconds)

Mar 16 1981 (HC)

Haqiqat Singh Vs. the Additional Director, Consolidation of Holdings, ...

Court : Punjab and Haryana

Decided on : Mar-16-1981

Reported in : AIR1981P& H204

..... in consonance with the conclusion of a number of single bench judgment of this court :-whether the bar of limitation created by rule 18 of the east punjab holdings (consolidation and prevention of fragmentation) rules, 1949, would also operate when a petition under s. 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, is filed impugning only the scheme prepared or confirmed of repartition made by any officer under the ..... village singh, district rupar. on august 31, 1977, this respondent filed an application under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948(for short, the act) for the provision of a link passage to the said kurrah or block of land. the additional director, consolidation of holdings, punjab, after giving due notice and hearing to the petitioner, provided the requisite passage to the land of the ..... act? in other words, whether rule 18 would apply to the facts of a case whether no specific order of any of the authorities passed under the act is the subject matter of challenge in a .....

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Jul 15 1981 (HC)

Chhaju Ram Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Jul-15-1981

Reported in : AIR1982P& H148

..... , somewhere in oct., 1969, the gram panchayat of village mittha thal filed a petition under s. 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter referred to as the act), before the state government for modification of the consolidation proceedings. in that application, it was pleaded that the extension of gujrani canal minor should have been provided for in ..... the consolidation scheme which had inadvertently been omitted and prayed that the same be provided now by passing a fresh order. ..... of limitation, the learned counsel for respondent no. 3 has invited my attention to a division bench decision of this court in haqiqat singh v. addl. director, consolidation of holdings, punjab, chandigarh, air 1981 punj & har 204 and has urged that whenever a petition under section 42 is filled against repartition the provision of limitation contained in r. ..... 2) and any petition filed beyond that period would clearly be barred by time.5. the matter of repartition of holdings or right-holdings of right-holders in the estate is of prime importance so far as consolidation act is concerned. that is why s. 21(1) provides that repartition should be proposed after obtaining the advice of the .....

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Sep 26 1981 (HC)

K.P. Vijayan Vs. P. Damodaran and anr.

Court : Kerala

Decided on : Sep-26-1981

Reported in : AIR1982Ker173

..... sc 1494) a contention based on the decision in air 1966 sc 641 that the additional director, consolidation, exercising the powers of the state govt. has no jurisdiction under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, to review his previous order, even in, case of non-compliance to the requirements of the ..... when a review is sought due to a procedural defect, the inadvertent error committed by the tribunal must be correct ex debito justitiae to prevent the abuse of its process, and such power inheres in every court or tribunal.' 6. the law is clear that the land tribunal has ..... respondent is not a cultivating tenant entitled to apply for and obtain a certificate of purchase under section 72-b of the kerala land reforms act. there is also a decree of the civil court, ext. p4, against him restraining him from entering upon the property. neither the revision ..... of these proceedings that the respondent made an application o.a. 1081 of 1973 before the same land tribunal under section 72-b of the act for assignment of the right, title and interest of the landlord in respect of the same property. malu amma, the sole legal representative of ..... 1971 before the land tribunal, calicut for assignment of the right, title and interest of the landlord under section 72-b of the land reforms act. unni nair died duringthe pendency of the proceedings. his legal representative, malu amma, assigned the kanom right to the petitioner as per a registered .....

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Jan 09 1981 (HC)

Commissioner of Sales Tax Vs. Indore Iron Traders

Court : Madhya Pradesh

Decided on : Jan-09-1981

Reported in : [1981]48STC375(MP)

..... revised by the state government under section 42 of that act. the majority decision of the supreme court was that the order could not be revised by ..... state of punjab a.i.r. 1963 s.c. 1503. in that case, the question for consideration before the supreme court was whether an order passed by an officer exercising the power delegated to him by the state government under section 41 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, could be ..... oriental rubber industries pvt. ltd. [1974] 34 s.t.c. 113. the decision of the supreme court in roop chand v. state of punjab a.i.r. 1963 s.c. 1503, in our opinion, lays down in unambiguous terms that when a delegate exercises powers conferred on him by ..... be an authority appointed to assist the commissioner. this contention was negatived by this court by observing that under the provisions of the act the deputy commissioner exercised powers of the first appellate authority independently. in the instant case, as we have observed, the deputy commissioner ..... the commissioner. in our opinion, therefore, the board was right in holding that the additional commissioner was not justified in setting aside the order passed by the deputy commissioner under section 39(1) of the act.5. for all these reasons, our answer to the question referred to .....

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Oct 09 1981 (HC)

Siri Kishan and ors. Vs. Mem Chand

Court : Punjab and Haryana

Decided on : Oct-09-1981

Reported in : AIR1982P& H188

1. whether a sale or any other alienation made during the currency of the consolidation, without obtaining permission of the consolidation officer, would be void between the parties to the transaction, in view of s. 30 of the east punjab holdings (consolidation and prevention of fragmentation) act. 1948, is the sole question of law of somewhat significant importance which arises in these two appeals, r. s. a ..... . nos. 822 and 823 of 1970.2. mam chand was owner of certain agricultural land in village badasa, tahsil jhajjar, district rohtak. in 1960, consolidation proceedings started in the village ..... the answer, the scheme of the act will have to be noticed.the title of the act clearly gives an indication that the act has two purposes. one is to consolidate the holdings of land-owners and tenants and the other is to prevent fragmentation of holdings of the land-owners and tenants. as regards prevention of fragmentation, the matter is covered by chap.ii ..... (supra) is a division bench judgment wherein section 29 of the pepsu holdings (consolidation and prevention of fragmentation) act (5 of 2007 bk) was considered which is in pari materia with s. 30 of the act. in that case a land-owner transferred a part of his holding to his son by way of gift after the publication of notification under s .....

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Mar 03 1981 (SC)

Sevi and anr. Vs. State of Tamil Nadu and anr.

Court : Supreme Court of India

Decided on : Mar-03-1981

Reported in : AIR1981SC1230; 1981CriLJ736; 1981Supp(1)SCC43

..... to question a4 why he had beaten p.w. 2 with a stone. when they had reached the manure pit situated on way, the eight accused came there. a5 caught hold of p.w. 3 and a6 stabbed him on the right side of the back. the deceased said 'what is this injustice'. a3 caught him and a2 stabbed the deceased ..... injuries found on a4. according to a4 the prosecution party came to his house and attacked him and the prosecution party were injured in that incident, suggesting thereby that he acted in exercise of his right of private defence. he, however, excludes the presence of the other accused. whether his version is true or not, the fact remains that he did ..... o. chinnappa reddy, j.1. criminal appeal no. 15 of 1976 is under the supreme court (enlargement of criminal appellate jurisdiction) act, 1970, and criminal appeal no. 147 of 1976 is an appeal by special leave. the five appellants in the two appeals and three others were tried by the learned addl. .....

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Jan 12 1981 (HC)

Madras Rubber Factory Ltd. Vs. Assistant Collector of Central Excise, ...

Court : Chennai

Decided on : Jan-12-1981

Reported in : 1981(8)ELT565(Mad)

..... the way in which he has reviewed it.' in harbhajan singh v. karan singh, : [1966]1scr817 , v. ramaswami j. stated the dictum thus - 'there is no provision in the east punjab holdings (consolidation and prevention of fragmentation) act, granting express power of review to the state government with regard to an order made under s. 42 of the ..... act. in the absence of any such express power, the director, consolidation of holdings, cannot review his previous order of dismissing the application of the petitioner under section 42 of the act. hence, the subsequent review order of the director is ..... fit case an order prohibiting an executive authority from acting without jurisdiction. where such action of an executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary harassment the high courts it is well settled will issue appropriate orders or directions to prevent such consequences.' 22. in east commercial co. v. collector of customs, : 1983 ..... (13)elt1342(sc) , the supreme court by a majority held as follows :- 'where a collector of customs proposes to take action under s. 167(8) of the sea customs act, read with s. 3(2) of the imports and .....

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