Court : Punjab and Haryana
Decided on : Jan-18-2000
Reported in : AIR2000P& H161; (2000)125PLR347
..... ble judge in a d.b. who decided the writ petitions giving rise to the present letters patent appeals. it is quite apparent that the provisions of east punjab holdings (consolidation and prevention of fragmentation) act, 1948 and the judgments that have been cited before us were not brought to the notice of the learned single judge. the judgment is appeal recorded by the ..... surplus land. it is common case of the parties that in a scheme that is framed under the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter to be referred as the act of 1948), every proprietor of the village depending upon the extent of his holding, has to contribute his land for common purposes. common landwhich is naturally meant for the common use of ..... the village is, thus, provided by none other than proprietors of the village. a pro rata cut applied to the holding ..... with the land reserved for common purposes whereas section 21 deals with repartition (sic) accordance with the scheme of consolidation of holdings. so far as section 23-a of the act of 1948 is concerned, it deals with the management and control of lands for common purposes. sections 18, 21 and 23-a read thus :--'18. lands reserved for common .....Tag this Judgment!
Court : Delhi
Decided on : Dec-19-2000
Reported in : 2001IAD(Delhi)969; 2001(57)DRJ877
..... .metres comprising khasra no.253/2 min., 563 & 564 in village abadi (firni) of bijwasan, tehsil mehrauli, new delhi. consolidation proceedings were taken in this village vide consolidation scheme 218 dated 2.5.1975 under east punjab holdings (consolidation and prevention of fragmentation) act, 1948 along with delhi land reforms act resulting in land being declared within village abadi (firni) and making it entitled to benefit of appellant's notification dated ..... 24.8.1963 exempting it from building regulations contained in sections 332 to 336, 342 and 347 of delhi municipal corporation act, 1957 (dmca). 2. it transpires that ..... prior sanction of lay out plans under section 312 did not arise. it was also submitted that since land was dealt with under various enactments like delhi land reforms act and east punjab consolidation of holdings act, it was sub-divided and plots carved out under the orders of competent authority which required to be treated as sanctioned for purposes construction and nothing more was to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-28-2000
Reported in : AIR2000P& H200; (2000)125PLR603
..... dated 12-2-1999 passed by the joint secretary, government of haryana, irrigation department exercising the powers of the state government under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (for short the act). by this order the state government allowed the application filed by the municipal committee, barwala and provided a path to its lands as shown in yellow ..... colour in the site plan which is annexure p-1 with the writ petition. consolidation of holdings in the village was carried out in the year 1959. it is ..... no merit in this contention. section 42 of the act provides that the state government may at any time examine the legality or propriety of any order passed, scheme ..... came to an end in the year 1959 the authorities under the act became functus officio thereafter and could not entertain the application under section 42 of the act. learned counsel for the petitioners has relied upon a divisionbench judgment of this court in banarsi dass v. director, consolidation of holdings, 1995 plj 314 in support of this contention. we find .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-24-2000
Reported in : (2000)(119)ELT224TriDel
..... 856 relied upon by the departmental representative the matter related to the scheme of consolidation under the provisions of east punjab holdings (consolidation and prevention of fragmentation) act, 1948. the act provided for the appointment of a consolidation officer and the preparation of scheme for the consolidation of holdings in the estates.after the consolidation officer had prepared the draft scheme which was confirmed by the settlement officer, and ..... consolidation officer. what he does purporting to act as a consolidation officer has no binding force on the owners and other persons affected in the estate. the government cannot by appointing him retrospectively clothe him ..... as under :- "4. there seems to be substance in the first two points. it seems to us clear that before a person can start acting as a consolidation officer he must be appointed as such. before he is appointed he has no authority to exercise any of the functions of a ..... repartition was carried out, the notification for his appointment was published in the gezette with retrospective effect. before the supreme court, it was pleaded that the consolidation .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-30-2000
Reported in : 2000CriLJ2205; JT2000(3)SC643; 2000(2)SCALE652; (2000)5SCC30; 2SCR818; 2000(1)LC762(SC)
..... time. the victim accompanied by her father wanted to go to the police station and lodge the first information report of the incident but they were prevented from doing so by several village people belonging to the community of the accused who also proposed the matter being settled within the village by convening a ..... on the person of the prosecutrix cannot be adopted as a formula for inferring consent on the part of the prosecutrix and holding that she was a willing party to the act of sexual intercourse. it will all depend on the facts and circumstances of each case. a judge of facts shall have ..... father of the prosecutrix, the prosecutrix pw-2 and other witnesses have stated that while they were about to move to the police station they were prevented from doing so by the community fellows of the accused who persuaded them not to lodge report with the police and instead to have the matter ..... and chastity of a married woman. a woman and her relatives have to struggle with several situations before deciding to approach the police...' in state of punjab v. gurmit singh and ors. (supra), this court has held -'the courts cannot overlook the fact that in sexual offence delay in the lodging of ..... only remind ourselves of what this court has said through one of us (dr.a.s. anand, j. as his lordship then was) in state of punjab v. gurmeet singh and ors. : 1996crilj1728 ..a rapist not only violates the victim's privacy and personal integrity, but inevitably causes serious psychological as well as .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-05-2000
Reported in : JT2000(6)SC643; 2000(4)SCALE483; (2000)5SCC451
..... of this rule 'extended abadi' means the area earmarked and reserved for housing sites and for common purposes of the village during consolidation of holding under the east punjab holdings (consolidation & prevention of fragmentation) act, 1948 as extended to the union territory of delhi and includes any area which may be declared as such by the administration by a ..... p. 5, the rule making authority have exceeded the power conferred on it by the land reforms act.18. we, therefore, hold that the high court has rightly quashed and set aside the impugned rules and, therefore, the appeals have no merit.19. ..... any other conditions of the tenure or sub-tenure which may be prescribed by rules.8. according to section 21 of the delhi land revenue act, the deputy commissioner shall maintain the record-of-rights, and for that purpose shall annually, or at such longer intervals as may be directed, ..... to section 40 in the said register the following particulars shall be specified:a) a tenure or sub-tenure as determined under the land reforms act; b) revenue and cesses or local rates or any other dues payable by the tenure-holder or rent payable by the sub-tenure holder and ..... conferment of rule making power by an act does not enable the rule making authority to make rule which travels beyond the scope of the enabling act or which is inconsistent therewith or repugnant thereto. from the above discussion, we have no hesitation to hold that by amending the rules and form .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-04-2000
Reported in : (2000)126PLR632
..... 24, appellants-herein, alleging themselves as cosharers of village jago chanarthal, had filed a petition under section 42 of the east punjab holdings (consolidation & prevention of fragmentation) act (herein-after to be referred to as 'the consolidation act') after a lapse of 30 years of the completion of consolidation proceedings in the village. they challenged the ownership of gram panchayat and succeeded in their endeavour as vide orders dated june ..... .e., belonging to the gram panchayat, or not and that this question of title could only be decided by the authorities under the punjab village common lands (regulation) act, 1961 (for short '1961 act'). this order of the additional director, consolidation was challenged by the gram panchayat through cwp no. 9162 of 1996 which was dismissed by division bench of this court on july ..... that 'the question, as to whether the land is shamlat deh or not, can only be decided by the authorities under the act of 1961'. while so holding, a decision of this court in upholding the order of the additional director, consolidation, through writ petition filed in this court, was reversed. this decision came to be rendered on november 7, 1996. this view ..... ors. 1997(2)116 p.l.r. 69 (s.c.) and gram panchayat, village sidh v. additional director, consolidation of holdings, punjab and ors., 1997 (1) p.l.j. 313, yet, in our considered view, on the strength of peculiar facts of the present case, as would be enumerated thereinafter, the writ .....Tag this Judgment!