Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2 -- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not..........
Punjab Land Revenue Act, 1887, Section 16(1), Hindu Succession Act, 1956, Section 4, 14 -- Widow - Entered `Kareva' (remarriage) - Right of Succession to the share of property of her pre-deceased husband - Absolute owner of suit land - Section 14 of Succession Act overrides all laws regarding widow's estate - Remarriage cannot divest her of the right to inherit property..........
Constitution of India, 1950, Article 226 -- Punjab Land Revenue Act, 1887 - Writ jurisdiction - Partition proceedings - Punjab Land Revenue Act does not provide a remedy against the final order of partition, which is concluded by the drawing up of the "Sanand Takseem" - While examining the order passed in partition proceedings, writ court does not appraise the correctness..........
Punjab Land Revenue Rules, 1908 -- Appointment of Lambardar - Recommendations of Naib Tehsildar and SDO (Civil) not binding on the Collector - Collector has to apply his own mind and make his own choice based on the merits of the candidates...........
Punjab Land Revenue Act, 1887, Section 13, Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Choice of Collector - Scope of inteference in appeal - Collector appointed Lambardar after considering the respective merits of the candidates - Commissioner in appeal appointed another candidate - No perversity or illegality in the order of Collector pointed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Person who holds a title or acquires title subsequent to the agreement - He is proper and sometimes necessary party - Suit for partition filed by sons of defendant in Revenue Court and that suit decreed - Order allowing impleadment of sons of defendant as party to the suit - No reason to..........
Punjab Land Revenue Act, 1887, Section 72(4), 66 -- Attachment of property - Arrears of tax - Non payment of - Amount of arrears as certified by the Assistant Collector stood paid - There is no order of attachment on account of no, payment of arrears of any other kind - The respondents held duty bound to revoke the attachment and hand over the management of the assets to..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Jurisdiction - Additional Director Consolidation - It has no jurisdiction, whatsoever to ignore order passed by the competent civil court and also by the revenue authorities under the provisions of the Punjab Land Revenue Act, 1887 - It is not open to him to interfere and decide..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation - Petitioner apprehending that fair and proper investigation will not be done - Petitioners husband found to be dead and petitioner saw bleeding injuries and swelling on different parts of the body - On oral complaint by petitioner case u/s 174 Cr.P.C. registered - Post-mortem report showed no injuries..........
Rattigan's Digest of Customary Law -- Customary law - Riwaj-i-Am - Presumption of correctness - Presumption sought to be raised by appellants in terms of Riwaj-i-Am contained in Appendix 7 of Rattigan's Digest of Customary Law in respect of custom of Gurgaon district would be only in respect of ancestral property - Such Riwaj-i-Am adversely affects the rights of the..........
