Punjab Land Revenue Act, 1887, Section 16 -- Revision - No stage for re-appraisal of evidence - Concurrent finding - Courts below applied their mind to evidence produced and arguments addressed - Finding not unreasonable - No interference...........
Punjab Land Revenue Act, 1887, Section 16 -- Case remanded on appeal for decision afresh after giving both parties adequate opportunity to adduce evidence - No case of injustice to any party - Interference in revision declined...........
Punjab Land Revenue Act, 1887, Section 16 -- No failure of justice or failure of justice so slight as not to cause any appreciable harm to any party - Revisional powers not to be exercised...........
Punjab Tenancy Act, 1887, Section 4(5), 77 -- Revenue entries in favour of tenant for previous 13 years - Another person entered as tenant in later entry of revenue record - No explanation as to in what manner that person suddenly came into the land - Presumption of having been inducted as sub-tenant - Punjab Land Revenue Act (17 of 1887), Section 44...........
Punjab Security of Land Tenures Rules, 1953 -- Rule 11 - Punjab Tenancy Act (16 of 1887), Sections 85, 89 and 90 - Punjab Tenancy Rules-Rule 6 - Ejectment of tenant - Summoning of witnesses - Assistant Collector asking tenant to produce witnesses on his own responsibility by taking dasti summons - Illegal - Tenant if deposits process fee and diet money for witnesses -..........
Punjab Security of Land Tenures Act, 1953, Section 14A - - Rule 11, Punjab Tenancy Act (16 of 1887), Section 85 - Punjab Tenancy Rules, Rule 10 - Restoring possession of land - Notice and opportunity of hearing to parties concerned - Necessary - Even if possession obtained contrary to Law and Rules - Existing possession not to be disturbed without giving other party a..........
Punjab Land Revenue Act, 1887, Section 31, 44 -- Shajra Nasab - Included in record of rights - Presumption of truth attaches - Entries if on the face of it appear to be erroneous - Court would be justified in not accepting them.
Shajra Nasab (pedigree table) is prepared at the time of Settlement and according to Section 31 of the Punjab Land Revenue Act is included in..........
Evidence Act, 1872, Section 32 -- Foot-note of pedigree table-Presumption of truth attaches - Can be availed of to prove partition - Punjab Land Revenue Act (17 of 1887), Sections 31 and 44.
Foot-note of the pedigree table is good evidence and can be availed of to prove the partition.
Foot-note or kaifiat dehi in the pedigree table are given in accordance with law..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g)(vi) -- Houses constructed on shamilat deh - Ejectment from land being in unauthorised possession - Not competent under Section 7 - -Land outside abadi deh used as gitwar, bara, manure pit or house or for cottage industry excluded from operation of Act under Section 2(g)(vi).
Where the Gram Panchayat..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 3(i) -- Mines Act (35 of 1952), Section 2(1)(j) and 2(1)(kk) - Bajri, Kankar, stones, sand gravel etc. brought on privately owned lands by reason of river being in flood - Does not get embedded in earth but only gets deposited - Removal not in the nature of mining operatio, Clearing of lands not excavation..........
