Northern India Canal and Drainage Rules, 1878, Rule 79(A), 79(B), 79(C), 79(C), 79(D), 79(E), 79(F), 79(G), 79(H), 79(I) -- Service of summons, notice, order or requisition - Personally to be served, delivered or communicated, made imperative by Rule 79-D - Substituted service only in a given situation as envisaged by Rule 79-F when number of co-sharers is so numerous -..........
Northern India Canal and Drainage Act, 1873, Section 3(d), 5 -- Natural collection of water sought to be drained - Work covered by clause (d) and not clause (b) of Section 3 - Can be held to be a canal only if State Government applied provisions of Part II to said work - No notification issued under Section 5 - Levy of Abiana for water supplied from such work - Illegal...........
Northern India Canal and Drainage Act, 1873, Section 3 - - Necessary ingredient for applicability of clause (a) - Canal, channel or reservoir should have been constructed, maintained or controlled by State Government for supply or storage of water - Clause (b) necessarily connected with clause (a) - Work constructed to drain out water - Not constructed for supply or..........
Northern India Canal and Drainage Act, 1873, Section 30G, 30FF - - Applicability of Section 30-G - Only if procedure laid down in Section 30-FF followed while restoring water-course...........
Northern India Canal and Drainage Act, 1873, Section 30FF, 30FF(2), 30FF(3) - - Making of enquiry under sub-section (2) - Divisional Canal Officer cannot delegate functions to a subordinate - Notice to restore Khal not signed by Divisional Canal Officer but by Ziledar - Invalid - Order about restoration of Khal with help of Police addressed to Ziledar concerned signed by..........
Northern India Canal and Drainage Act, 1873, Section 30G, 30FF - - Suit in Civil Court for mandatory injunction for demolition of Khal challenging order of Canal Authorities about restoration of Khal under sub-section (3) of Section 30-FF - Objection of failure to exhaust remedy of appeal under sub-sectr:on (4) of Section 30-FF - No proper order under sub-section (3) of..........
Northern India Canal and Drainage Act, 1873, Section 30FF, 30FF(4), 30FF(3) - - Appeal against order passed under subsection (3) - No proper order under sub-section (3) as whole procedure of restoration of Khal illegal - No question of appeal under sub-section (4)...........
Northern India Canal and Drainage Act, 1873, Section 30G, Civil Procedure Code, 1908, Section 9 -- Sanctioned Scheme to take water through two specified Khasra numbers - While implementing Scheme water-course proposed to be taken through more Khasra numbers - Scheme to the extent prepared after notice to concerned parties - Valid - Remaining part of Scheme - Invalid -..........
Northern India Canal and Drainage Act, 1873, Section 36, 31, 3(1), 3(2), 5 -- Levy of abiana (water cess) for use of water from Choi - Civil Court declaration that Choi belongs to landowners and they have right to irrigate their lands with water flowing through Choi without payment of abiana - Without acquiring those rights - State Government cannot impose abiana...........
Northern India Canal and Drainage Act, 1873, Section 30B(2), 30A -- Divisional Canal Officer cannot modify watercourse prescribed in Scheme so as to change its character altogether - Can make slight changes in Scheme - Not correct that change of any nature can be made in proposed Scheme by Divisional Canal Officer u/S.30B...........
