Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value..........
Mutation -- Law as to: (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) they neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value on..........
Mutation -- Law as to - (a) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (b) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (c) They neither extinguish nor create title; (d) mutation in revenue records does not have any presumptive value on..........
Indian Penal Code, 1860, Section 354C, 504, 506, 509, Information Technology Act, 2000, Section 66E, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 354-C, 504, 506, 509 IPC, 66E IT Act and 3(2)(v) SC&ST Act - Quashing of proceedings - Petitioner did not deny knowing..........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act is normally in the nature of summary suit - Enquiry in suit is confined to finding out possession and dispossession within a period of six months from the date of institution of suit - Question of title is not germane for consideration...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Violation of status quo order - Allegation pertaining to violation of order of status quo require determination of fact which cannot be done in summary proceedings u/art 226 of Constitution - Petitioner is relegated to ordinary civil remedy of application U.O.39.R.2-A CPC...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Proceedings u/s 6 of the Act is summary proceedings - Question of title or better rights of possession does not arise for adjudication in such proceedings where only issue required to be decided is as to whether plaintiff was in possession at any time six months prior to date of filing of suit...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant not disputed the fact that cheque stands issued by him which bears his signatures, in order to pay back Rs.10 lacs to plaintiff - Vague plea is raised by defendant that such cheque was issued to defendant No.2 - However, no corroborative material has been placed on..........
Rent and Eviction -- Ex parte proceedings - When a judgment/final order is passed ex parte, Court will provide in the judgment/order a summary of pleadings, points for determination and findings therein after succinctly discussing oral as well as documentary evidence...........
