Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5) -- Exception (viii) - Scope of - Words 'individual cultivating possession' and 'respective shares' - Sanctity attaches - Cannot be ignored - Jamabandi showing in cultivators column names of proprietors and shares held by them - Not sufficient to conclude that proprietors in actual and cultivating..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Variance between pleading and proof - Proof beyond pleading not allowed...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5)(viii) -- Exception - Cultivation - Not restricted to tilling by agricultural implements - Raising of Shangara crop - Comes within ambit of word "Cultivation"...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5)(viii) -- Co-sharers in possession of land in Shamilat Deh - Gram Panchayat claiming land to have vested in it - Burden on Gram Panchayat to establish that any co-sharer was holding land in excess of his share...........
Haryana Minerals (Vesting of Rights) Act, 1973, Section 2(b) -- Sand - A mineral - Mines and Minerals (Regulation and Development Act (67 of 1957), Section 3(a) and 3(e).
Sand has always been considered to be "mineral" despite the modified definition of "minor mineral" in Punjab Minor Minerals Rules, 1933...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4 -- Abadi deh land - Not included in shamilat deh land - Does not vest either in Gram Panchayat or in no, proprietors...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4 -- Abadi deh land - Panchayat has no jurisdiction over this land - Cannot hand it over for allotment to landless labourers...........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 3 -- All plaintiffs in one suit can be joined only if the relief arise out of the same act or transactions or series of acts or transactions Different persons supplying potatoes to the defendant, different quantities at different dates and different payments made No common question of..........
Civil Procedure Code, 1908, Order 10, Rule 1, 2, 4 -- If duly authorised and instructed counsel then initially counsel should be examined U/O.10.R.1 & 2 and if further elucidation necessary order could be passed under rule 4 - It illegal order if without examining the duly authorised and instructed counsel the party is directed to appear in person...........
Civil Procedure Code, 1908, Section 115.47(2), 96, 2(2), Order 21, Rule 22 -- Execution sale challenged for non issuance of notice U/O.21.R.22 CPC but none of the grounds alleged were either anterior or subsequent to the publishing or conducting of the sale, question outside the perview of S.47 and court justified in refusing to treat the suit as a proceeding u/s 47 CPC -..........
