Maintainability of appeal
Punjab State Election Commission Act, 1994 -- Election petition -- Deficiency in security deposit – Appeal against the rejection of an election petition on account of non-compliance of provisions of Sections 76, 77 or 103 of the Act, the provisions of Rule 53 of the Rules cannot be given over riding effect as the Rules are always subservient to the parent Act and cannot override the same – Held, an appeal against the order of the Tribunal rejecting the election petition on account of non-compliance of provisions of Section 76, or Section 77 or Section 103 of the Act or Rule 52 of the Rules shall be maintainable under Section 100 of the Act. Smt. Bhajan Kaur and another v. Gurmej Kaur and another, 2011(3) L.A.R. 162 (P&H).
Punjab State Election Commission Act, 1994 -- Election petition -- Deficiency in security deposit – Rejection of plaint – Opportunity to deposit -- Procedure pertaining to trial of suits is provided in first schedule of the CPC -- Election petition can be equated with a plaint -- Held, as per the principles laid down in Order VII Rule 11 (c) CPC, in case the Tribunal finds that the security deposited by the election petitioner is deficient, before passing any order rejecting the election petition on that ground, opportunity should have been afforded to make the deficiency good and it is only on failure to comply with the direction, that the election petition be dismissed on that ground. Smt. Bhajan Kaur and another v. Gurmej Kaur and another, 2011(3) L.A.R. 162 (P&H).
Maintainability of Appeal by complainant
Suspension of Sarpanch – Removal of Sarpanch – Complainant is an aggrieved person -- Appeal filed by complainant was very much maintainable before the appellate authority. Guddu Sarpanch Gram Panchayat Saunti and other v. State of Punjab and others, 2011(3) L.A.R. 180 (P&H).
Maintainability of second revision
Punjab Village Common Lands (Regulation) Act, 1961 (Haryana) -- Ejectment petition – Question of title – Second revision before the Financial Commissioner is not maintainable, in context of proceedings initiated under Section 7 of the Act. Gram Panchayat Village Bajghera v. Financial Commissioner (Revenue), Haryana and others, 2011(3) L.A.R. 329 (P&H).
Maintainability of Writ on other ground by other landowner
Land Acquisition Act, 1894 -- Writ petitions filed by the brothers had been dismissed on the ground of delay and the writ appeals and the SLP were dismissed, but that could not be made basis for denying relief because his brothers had neither questioned the diversification of land to private persons nor prayed for restoration of their respective shares -- Special leave petitions were summarily dismissed, such dismissal did not amount to this Court’s approval of the view taken by the High Court on the legality of the acquisition and transfer of land to private persons. M/s. Royal Orchid Hotels Limited and another v. G. Jayarama Reddy and others, 2011(3) L.A.R. 481 (SC).
Market rent
Punjab Municipal Act, 1911 -- Assessment of value of land – Standard rent -- Value of the land shall follow the Collector’s circle rates and the value of the buildings shall be in the manner as laid down under the East Punjab Rent Restriction Act. Satish Chander Sanwalka v. Additional Deputy Commissioner, exercising the power of the Deputy Commissioner, Ferozepur and another, 2011(3) L.A.R. 353 (P&H).
Market Value
Indian Stamp Act, 1899 – Collector’s rate – It will be dangerous to allow for officials to adopt an ad hoc approach and make their own whimsical assessments of valuation even more than the Collector's rate -- It will spell out scope for arbitrariness, it shall not be permissible. Aggarwal Construction Company v. State of Punjab and others, 2011(3) L.A.R. 608 (P&H).
Indian Stamp Act, 1899 – Onus of proof -- Deviation from the Collector's rate would be possible only if it is shown that Collector's valuation does not reflect the market rate -- If the State that wants to contend that Collector's rate does not reflect the market rate and the market rate is even higher than the Collector's rate, the burden shall be on the State to give tangible materials to act on. Aggarwal Construction Company v. State of Punjab and others, 2011(3) L.A.R. 608 (P&H).
Land Acquisition Act, 1894 – Acquisition of land – Small sale instances – Reliance upon -- Two sale instances related to a small parcel of land – In the absence of any other exemplar, such sale instance could be relied upon for the purpose of fixing market value of the acquired land, after applying an appropriate cut. R. Saragapani (Dead) through L.Rs. v. The Special Tahsildar, Karur-Dindigul Broadguage Line, 2011(3) L.A.R. 571 (SC).
Land Acquisition Act, 1894 -- Exampler sale deed is 6 months old – No addition is required -- Only about six months had passed from the date of the exemplar sale deed, when the preliminary notification regarding the acquisition was issued in the same year – Held, unless the difference is more than one year, normally no addition should be made towards appreciation in value, unless there is special evidence to show some specific increase within a short period -- Addition of 8% to the price was unwarranted. Kolkata Metropolitan Development Authority v. Gobinda Chandra Makal & Anr., 2011(3) L.A.R. 618 (SC).
Land Acquisition Act, 1894 – In section 23(1), the words “the date of publication of the notification under section 4(1)” would refer to the date of publication of the notification in the gazette. Kolkata Metropolitan Development Authority v. Gobinda Chandra Makal & Anr., 2011(3) L.A.R. 618 (SC).
Market value of Trees
Land Acquisition Act, 1894 – Acquisition of land – Reference Court had relied upon reports of Agricultural Development Officer and the Court Commissioner for the purpose of recording a finding that as on the date of notification under Section 4(1) of the Act, the age of the trees could be 8 to 9 years and in due course even the flowering trees would become fruit bearing trees and yield income for next 60 to 70 years -- High Court totally ignored the two reports and fixed market value of young trees by treating the same as timber – Held, High Court committed an error by upsetting the view taken by the Reference Court on the issue of market value of the trees. R. Saragapani (Dead) through L.Rs. v. The Special Tahsildar, Karur-Dindigul Broadguage Line, 2011(3) L.A.R. 571 (SC).
Mesne profit
Punjab Public Laws -- A person, who is in wrongful possession, should not only be removed from that place as early as possible but be compelled also to pay for wrongful possession of that premises by imposing fine, penalty and costs and any leniency would seriously affect the credibility of the judicial system -- No litigant can derive and can claim benefit from the mere pendency of a case in a Court of law and the institution of litigation cannot be permitted to confer any advantage on a party by the delayed action of Courts. Balbir Singh v. State of Punjab etc., 2011(3) L.A.R. 251 (P&H DB).
Punjab Public Laws -- Unauthorized occupant – Eviction of tenant – So long as the case does not involve the issue of title and the ownership in Panchayat is admitted, the action for ejectment cannot be questioned unless the tenant has obtained a subsistence of right to continue in possession and shows that he has been paying the rent to term himself as being not in unauthorized occupation – Admittedly no rent had ever been paid during all the time when the proceedings were initiated and when the case was pending -- Order of ejectment passed under such circumstances would be perfectly justified -- Panchayat shall be at liberty to apply to the authority for determination of the mesne profits during the pendency of the proceedings in accordance with law. Ram Narain v. The Commissioner, Ferozepore Division, Ferozepore, and others, 2011(3) L.A.R. 351 (P&H).
Mode of partition
Non-challenging to – Effect of -- Petitioner did not challenge the Mode of Partition, as such, it has to be held that the Mode of Partition had become final and the partition finalized on its basis should be upheld. Nisha Ram v. Bhagat Ram, 2011(3) L.A.R. 655 (FC Pb.).
Re-framing of mode of partition – Legality of -- Contention that once the Mode of Partition framed in 1994 had become final, there was no occasion for the Assistant Collector Grade-I to reframe the Mode of Partition in 2005 -- No irregularity on part of the Assistant Collector Grade-1 in revisiting the situation after a lapse of 11 years, especially since no substantial proceedings had taken place. Nisha Ram v. Bhagat Ram, 2011(3) L.A.R. 655 (FC Pb.).
Mutation
Registered Will -- No challenge to the execution of the Will in favour of the petitioners has been raised -- Revenue officers should generally act as per the terms of registered document, leaving the aggrieved party to seek redress in a civil court -- Mutation is sanctioned in favour of the petitioners on the basis of registered will. Kulwant Kaur v. Surjit Kaur, 2011(3) L.A.R. 659 (FC Pb.).
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