Court : Punjab and Haryana
Decided on : Feb-01-1983
Reported in : AIR1983P& H347
..... highlight that we are called upon to consider this issue (formulated in the opening part of the judgment) within the specific confines of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948(hereinafter the called the act). that this statute is part of a larger scheme of progressive agrarian legislation, does not seem to be in doubt. its primarily object ..... s.s. sandhawalia, c.j.1. whether proceedings under section 21 and 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 envisage that each one of the co-sharers who have joint and indivisible rights must be impugned as a party and individually served ..... .2. the matrix of facts directly relevant to the question may be noticed briefly. consolidation proceedings in village karsindhu, tehsil narwana provides the base for this protracted litigation. the consolidation officer under section 21 of the east punjab holdings (consolidation and prevention of fragmentation) act, hereinafter called the act, proposed allotment of abadi plot no. 644 to telu, mange and biru and abadi ..... proper. (4) any person aggrieved by the order of settlement officer (consolidation under sub-section (3), whether made before or after the commencement of the east punjab holdings (consolidation and prevention of fragmentation) second amendment and validation act, 1962, may within sixty days of that order, appeal of the assistant director of consolidation. (5) to (7) xxx xxx '42. the state government .....Tag this Judgment!
Court : Delhi
Decided on : Jul-18-1983
Reported in : AIR1984Delhi178; 25(1984)DLT20; 1983RLR739
..... impugning the order of the financial commissioner dated 10-5-1982. (2) these are the facts. under the east punjab holdings (consolidation and prevention of fragmentation) act 1948 (the act), repartition took place in village sanoth in the year 1976. subsequently by orders dated 31-1-1981 and 10-3-1981 the consolidation officer withdrew the land from kilas nos. 47/12 (4 bighas-11 bis.) and 47/19 (2 ..... ). section 24(1) says: 'as soon as the persons entitled to possession of holdings under this act have entered into possession of the holdings, respectively allotted to them the scheme shall be deemed to have come into force and the possession of the allottees affected by the scheme of consolidation or, as the case may be, by repartition, shall remain undisturbed until a fresh ..... was challenged by ram nath before the financial commissioner in 1982 by means of a revision petition under section 42 of the act. the financial commissioner by order dated 24-9-1981 set aside the two orders of the consolidation officer which were impugned in the revision petition. in the course of his judgment he observed that 'the entire drama has been ..... contemplate that repartition of 1976 be re-opened in 1981 on one ground or another by officers under the act. the act gives a quietus to frequent disturbances in the official skies. (13) to satisfy myself about the deficiency question i called the consolidation officer as well as the settlement officer in court. two facts are clearly borne out from the record. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-27-1983
Reported in : AIR1983SC1293; 1983(31)BLJR598; 1983(2)SCALE418; (1984)1SCC296; 1SCR104
..... the illustration aforementioned contained in ex. p3 did not correctly reflect the position laid down in the rules and instructions. it follows that the high court was perfectly right in holding that the counting and declaration of the results in the instant case were vitiated by serious illegality and in directing a re-scrutiny and recounting of all the rejected votes ..... for the allegation made in the petition that the procedure adopted by the returning officer in the counting of votes was not in accordance with the relevant provisions of the act, the rules and the instructions. it was further found by the learned judge that the averment made in the petition that valid votes cast in favour of the 1st respondent ..... returning officer in the counting of votes and the declaration of the result of the election was not in accordance with the provisions of the representation of the people act (hereinafter called the act), the rules and the instructions issued in that regard.5. after a detailed discussion of the evidence adduced in the case the learned single judge of the high ..... of this appeal arising out of an election petition filed under sections 80 to 83, 98, 100(1)(d)(iii) and (iv) and section 101 of the representation of people act, 1951, we passed the following order announcing the decision arrived at by us :the appeal is dismissed with no order as to costs. all interim orders passed by this court .....Tag this Judgment!