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Judgment Search Results Home > Cases Phrase: the land acquisition punjab second amendment act 1956 Page 1 of about 4,239 results (0.148 seconds)

Aug 27 1982 (HC)

Chet Ram and anr. Vs. AmIn Lal and ors.

Court : Punjab and Haryana

Reported in : AIR1983P& H50

..... situated in more than one patwari circle he shall also furnish a declaration required by s. 5-a. 32-m. ceiling on future acquisition by inheritance : (1) if after the commencement of the pepsu tenancy and agrl. lands (second amendment) act, 1956, any person whether as landowner or tenant, acquires by inheritance or by bequest or gift from a person to whom he is heir any ..... that ss. 32-l and 32-m of the pepsu act were inserted in the said act by pepsu tenancy and agricultural lands (second amendment) act, 1956. it was nearly three years later thereto that the similar provisions of ss. 19-a and 19-b (along with sections 19-c and 19-d) were introduced in punjab act vide act no. 4 of 1959. it seems plain enough that these ..... later provisions of the punjab act took their inspiration from the earlier ss ..... . 32-l and 32-m of the pepsu act .....

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Aug 02 1985 (SC)

State of Punjab Vs. Labh Singh and anr.

Court : Supreme Court of India

Reported in : AIR1985SC1380; 1985(2)SCALE128; (1985)4SCC52; [1985]Supp2SCR357; 1985(17)LC887(SC)

..... , agreement or settlement made in contravention of the provisions of sub-section (1), shall be null and void.32-m. ceiling on future acquisition by inheritance (1) if, after the commencement, of the pepsu tenancy act and agriculture lands (second amendment) act, 1956, any person, whether as landowner or tenant, acquires by inheritance or by bequest or gift from a person to whom he is an heir ..... . in vidya vati v. the state of punjab and ors. : [1968]1scr646 , in which the act came up for consideration shah. j. observed thus at page 650:viewed in the light of that scheme, also, it is impossible to construe section 32-a as being operative only at the point of time at which the amending act incorporating ch. iv-a was brought into ..... that order also failed. labh singh thereafter filed a writ petition before the high court of punjab and haryana questioning the correctness of the order passed by the financial commissioner, punjab, contending that the land which was under mortgage at the commencement of the act and which was redeemed subsequently could not be taken into consideration for determining surplus area in the hands of ..... order of the learned single judge were set aside. the high court declined to consider the effect of section 32-m of the act on the case. this appeal by special leave is filed by the state of punjab against the judgment of the division bench of the high court in the letters patent appeal.3. in order to appreciate the contentions .....

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Dec 24 1965 (HC)

Pritam Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1967P& H198; 1967CriLJ254

..... with a few of them. one of them is the pepsu tenancy and agricultural lands second amendment act 15 of 1956. this amendment added chapter iv-a to the original act. this chapter is headed 'ceiling on land and acquisition and disposal of surplus areas.' before this amendment, there was no provision for a ceiling on land nor was there a provision with regard to surplus area or for the vesting ..... pepsu tenancy and agricultural lands (amendment) act, 1959 (punjab act no. 3 of 1959). the effect of this amendment was that transactions made between21st august, 1956 and 30th october, 1956 were not to affect the right of the state government under the act to the surplus area, to which it would be entitled, but for such transfer or disposition. the only acquisitions excepted were the acquisition of land by the state government ..... of 1962 and 985, 1023 and 1453 of 1953 have been placed before us for consideration whether the division bench decision of this court in bir singh v. state of punjab, (1963) 65 pun lr 961: (air 1964 punj 30), is correctly decided. in case, it is held that the decision in bir singn's case (1963) 65 pun lr 961 .....

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Apr 18 1969 (HC)

The Printers House Private Ltd. Vs. Misri Lal Dalip Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1970P& H1

..... running an electric wooden saw mill and chaff-cutting machine, came to be acquired by two notifications issued by the state of punjab on 28th march, 1961, the first under section 4 of the land acquisition act, 1894 (hereinafter called the act) and the second under the provisions of section 17. it is interesting to observe in retrospect that the object of urgency has been frustrated ..... revolves on the scope and content of section 17, more particularly clause (c) of its sub-section (2), the entire section, as amended in its application to the state of punjab by punjab act 2 of 1954, punjab act 17 of 1956 and punjab act 47 of 1956, may be reproduced:--'17(1) in cases of urgency whenever, the appropriate government so directs, the collector, though no such award has ..... ) and (b), it was observed by the bench that -'clause (c) of sub-section (2) introduced by the punjab amending act no doubt enlarges the scope of acquisition but it has to be read ejusdem generis with clauses (a) and (b) where specific purposes for which acquisition can be made under section 17 are definitely set out. clearly, the construction of a depot for sale ..... murari lal gupta's case, ilr (1964) 2[ punj 405 at p. 413= (air 1964 punj 477 at p. 479) that 'clause (c) of sub-section (2) introduced by the punjab amending act no doubt enlarges the scope of acquisition but it has to be read ejusdem gene-ris with clauses (a) and (b) where speci-fie purposes for which .....

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Feb 13 1970 (SC)

Smt. Bhagwan Kaur Vs. the State of Punjab and ors.

Court : Supreme Court of India

Reported in : (1971)3SCC826

..... of sub-sections (2) and (3) a tenancy subsisting at the commencement of the pepsu tenancy and agricultural lands (second amendment) act, 1956 may be terminated on the following grounds in addition to the grounds specified in section 7, namely (a) that the land comprising the tenancy has been reserved by the landowner for his personal cultivation in accordance with the provisions of chapter ..... standard acres, if the area under the personal cultivation of the tenant exceeds five standard acres until he is allotted by the state government alternative land of equivalent value in standard acres. chapter iv deals with the acquisition of proprietary rights by tenants, and section 20 defines the expression tenant as follows:20. in this chapter, the expression tenant means ..... within a period of six months from such commencement, in any other case.the expression president's act is defined to mean the patiala and east punjab states union tenancy and agricultural lands act, 1953 (president's act 8 of 1953).7. chapter iii of the act deals with the general rights of tenancy. section 7 provides that no tenancy shall be terminated except ..... in accordance with the provisions of the act or except on certain grounds. section 7-a(1) reads:7- .....

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Mar 12 1999 (SC)

Gurmej Singh and Another Vs. the State of Punjab and Others

Court : Supreme Court of India

Reported in : JT1999(2)SC74; (1999)121PLR790; 1999(1)SCALE700; (1999)3SCC329; [1999]1SCR1000

..... if the evaluation was being made on the date of such acquisition.14. from the aforesaid section it can be stated that for determining the relevant date for evaluating the land of any person under the act the land owned by him immediately before the commencement of the second amendment act, i.e. 30th october, 1956 shall be relevant date. it further clarifies that if the ..... the status of the land owner and evaluating his land any time under the act, the land owned by him immediately before ..... would be 3rd december, 1953 when the president's act came into force and there is no scope for evaluating the subsequent improvements in the land due to consolidation, operation or otherwise. in the said case, the court considered section 19-f(b) of the punjab security of land tenures (amendment and validation) act, 1962 and held that for the purpose of determining ..... the commencement of the act must always be evaluated in terms of standard acres as if .....

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Sep 26 1967 (SC)

Vidya Vati Vs. the State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1968SC519; [1968]1SCR646

..... . the act was amended with effect from october 30, 1956 by the pepsu tenancy and agricultural lands (second amendment) act 15 of 1956 and thereby, amongst other provisions, ch. iv-a was added. the provisions contained in that chapter were designed to impose a ceiling on the holding of owners and tenants of agricultural land held for personal cultivation within the state and for imposing restrictions on acquisition of land and ..... sub-s. (1) shall not be allowed unless the land planted within the period specified therein is found to be an orchard also at the ..... (iv) of sub-s. (1), the land so retained by him shall on the expiry of that period vest in the state government under s. 32-e. it is also provided by sub-s. (3) which was added by punjab act 27 of 1962 with retrospective effect from october 30, 1956, that notwithstanding anything contained in the act, the exemption specified in clause (vi) of ..... appellant vidya vati who is the owner of 56.10 1/4 standard acres of agricultural land in the village bishanpura, tahsil jind, district sangrur, in the state of punjab, was ousted from the land sometime in 1954 by certain persons who had no title to the land. a civil suit filed by her for a declaration of title and for possession of the .....

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Feb 01 1967 (SC)

Pritam Singh Chahil Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1967SC930; (1967)69PLR405; [1967]2SCR536

..... petitioner is admittedly in personal cultivation of his land, which, excluding that sold to his wife, is below the ceiling prescribed under the act. on january 14, 1959, the punjab legislature passed pepsu tenancy and agricultural land (amendment) act, 1959, (act iii of 1959). under the said amending act, no transfer or other disposition of land effected after august 21, 1956, except in favour of persons mentioned thereunder, ..... first question it is necessary to read the relevant provisions of the acts and the constitution. the second proviso to article 31-a of the constitution reads : 'provided that where any law makes any provision for the acquisition by the state of any estate and where any land comprised therein is held by a person under his personal cultivation, it ..... shall not be lawful for the state to acquire any portion of such land as is ..... prevent the evasion of an impending statute. it appears that on august 13, 1956, the pepsu tenancy and agricultural second amendment bill, 1956 was published in pepsu gazette extraordinary fixing the permissible limits of a landholder and introducing some provisions against the eviction of tenant in possession of lands above the said limits. the statement of objects and reasons reads thus : .....

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Feb 14 1974 (HC)

Sucha Singh Bajwa S/O Sadhu Singh Bajwa Vs. the State of Punjab Throug ...

Court : Punjab and Haryana

Reported in : AIR1974P& H162

..... to the constitutional validity of section 4 of the act is based on second proviso to article 31a(1) of the constitution which was inserted by the constitution (seventeenth amendment) act, 1964, and reads as under:--'provided further that where any law makes any provision for the acquisition by the state of any estate and where any land comprised therein is held by a person under ..... the erstwhile state of punjab. it has become essential ..... out that-'in the state of punjab two enactments, that is, the punjab security of land tenures act, 1953, and the pepsu tenancy and agricultural lands act, 1955, are in force. the punjab security of land tenures act, 1953, applies only to those parts of the state which were comprised in the state of punjab before 1st of november, 1956. the pepsu tenancy and agricultural lands act, 1955, applies to those territories of .....

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Mar 25 2004 (HC)

Dr. Mohammad Tahir Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2004)2UPLBEC1406

..... of the land acquisition act have not been incorporated into the punjab act and that they have merely been cited or referred to in the punjab act.69. however, with a view to save the law from the vice of arbitrary and hostile discrimination, it considered the provisions to mean, in the absence of anything to the contrary, that the provisions of the land acquisition act, 1894, as amended by the ..... (e) of clause (5) of statute 11.01, as the case may be.'14. sub-clause (a) of clause (5) of statute 11.01, as inserted by the thirty second amendment in the first statutes of the university of gorakhpur on 3rd march, 1989, provided that:'(a) a candidate (other than a candidate for lecturership in the faculties of education and ..... of mere reference to the powers conferred by the earlier acts. as observed in nathella sampathu chetty : 1983ecr2198d(sc) , there is distinction between a mere reference to ..... incorporate in its true signification any particular provision of the two earlier acts. it provides that, for the purpose of taxation, the special area development authority shall have the powers which a municipal corporation or a municipal council has under the m.p. municipal corporation act, 1956 or the m.p. municipalities act, 1961. the case, therefore, is not one of incorporation but .....

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