Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation, sanction of-Not correct that Assistant Collector IInd Grade not competent to sanction mutation-Mutation is part of the records-Under Chapter IV Patwari is to make entries in the manner provided therein and a Revenue Officer is competent to sanction/attest the mutation-Nowhere provided that only Assistant..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 99, 100A, 69(2), 2(18) -- Refund of octroi-Party successfully done away with re-export pass system and avoided payment in re-exporting its goods outside the municipal limits-Municipal Committee lost revenue that it might have got if re-export pass system was continued - Some amount, out of the amount..........
Punjab Village Common Lands (Regulation) Act, Section 7 -- Eviction on the ground that land belongs to Gram Panchayat and person in unauthorised possession-Documents produced by person claiming to be in possession since a long time i.e. prior to 1950 - Ejectment ordered by Assistant Collector upheld in appeal by Collector-No reference made to any of the documents produced..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue record, evaluation of entries-Temporary injunction in a suit for permanent injunction restraining defendants from interfering with actual physical possession of plaintiff-Defendants in reply claimed to be in actual physical possession as tenants, earlier their father was tenant of plaintiff and after his death,..........
Punjab Land Revenue Act, Section 42 -- Bajri stone washed down from hills and deposited on the Iand-Sharat Wajib-UI-Arz expressly vests stones, mines etc. in the State-Bajri has to be considered mine or Khan-Vests in the State-Mines and Minerals (Regulation and Development) Act, Section 3(i)-Mines Act, Section 2(1)(j) and 2(1)(kk)...........
Punjab Land Revenue Act, Section 116 -- Partition-Purchaser entitled to seek partition - Pre-emption proceedings between the parties-Does not raise a question of title-Partition proceedings should not be deferred on that account...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Application for correction of consolidation record showing land to be in ownership of Gram Panchayat, the particular Khewat in possession of applicants since long and in Jamabandi shown as Shamilat Deh and Consolidation Authorities committed a mistake by showing the area in the..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Correction of entries showing land in ownership of Gram Panchayat to that of Khewatdars - For Gram Panchayat in the first instance to prove that land vests in it on account of the provisions of Section 2(g) Punjab Village Common Lands (Regulation) Act-Onus would thereafter shift..........
Civil Procedure Code, 1908, Section 115, Criminal Procedure Code, 1973, Section 340, 341 -- Proceedings are criminal in nature though initiated in Civil or Revenue Court - Order passed by trial Court or the appellate Court u/s 341 of the code - No revision u/s 115 CPC lies to the High Court...........
Punjab Land Revenue Act, Section 16 -- Revision reported to Financial Commissioner-Cannot be dismissed in default - Obligatory on the part of Financial Commissioner to decide such case on merits-Parties (including petitioner) if fail to turn up after being provided opportunity of being heard-Financial Commissioner to decide the case on merits on the basis of facts..........
