Haryana Canal and Drainage Act, 1974, Section 17, 20 -- Scheme for providing water course sanctioned - Excavation of water course `AB' resulting in demolition of Tubewell and Kotha - Alternative water course `XY' saves demolition without irrigation of land - Water course `AB' sanctioned without application of mind - Matter remitted to Divisional Canal Officer to frame..........
Haryana Canal and Drainage Act, 1974, Section 55 -- Change of warabandi - Claim of residue water (Jhara) - Dispute as to entitlement of Jhara settled earlier by Superientending Canal Officer (SCO) - Subsequent application for shifting of turn of water on plea of partition of land as per mutation - Application allowed by SCO - Challenged in writ. Held - (i) Earlier order of..........
Canal and Drainage Act 1873, Section 30B, 30C -- Water course sanction - Challenged by petitioners on the ground that sanctioned water course will divide land into two parts - Sanctioned water course running for last 20 years - No change made in drafting and sanctioning of the scheme - Petitioners not owner of land at the time of framing and sanctioning of water course -..........
Haryana Canal and Drainage Act, 1974, Section 2(2), 20, 24 -- Restoration of water course - Superiendenting Canal Officer (SCO) remanded case back to Divisional Canal Officer (DCO) - DCO held that orders passed by SCO ultra vires of the Act. Held - Lower Authorities cannot set aside & ignore order passed by Superior Authority, by holding them to be illegal or ultra vires...........
Haryana Canal and Drainage Act, 1974, Section 55(i) -- Hearing to aggrieved party - Challenge to change of wari and digging of water course by canal Authorities - Water course to be dug out of land of petitioner - Sec. 55(1) casts duty upon Deputy Collector to pass orders only regarding use of distribution of water after making enquiry into matter and giving notices to all..........
Civil Procedure Code, 1908, Order 39, Rule 2 -- Restoration of water course - Application filed before Sub-Divisional Canal Officer (SDCO) for restoration of water course - Rejected, holding that there was no water course and land of applicants properly irrigated by water course running at site - Appeal before Divisional Canal Officer (DCO) allowed - Demolished water..........
Northern India Canal and Drainage Act, 1873, Section 30B, 32 -- Petition for providing naka for better irrigation of land - Authorities under Act held that land of petitioner on low lying area, getting proper irrigation from existing watercourse, opening of naka as claimed would result in emptying of entire watercourse & land of other party being on higher level would not..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Appreciation of evidence - There is sufficient evidence of the confession made by accused to PW10 that the child who is his son drowned in canal when he had thrown him - Clothes which had been recovered near the skull were identified to be those of deceased boy by his mother - Evidence collected by PW10 and..........
Haryana Canal and Drainage Act, 1974, Section 26, Haryana Canal and Drainage Act, 1974 -- Rules of Warabandi - Dispute as to Jhara (Residue) - Holding at the fag end of the main water course is entitled to the Jhara...........
Haryana Canal and Drainage Act, 1974, Section 55, Civil Procedure Code, 1908, Section 11 -- Resjudicata - Decision of Authorities under the Act, Quasi Judicial in Nature - Principle of Resjudicata Applicable...........
