Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Magistrate has power to enforce an order of maintenance by issuing a warrant to the Collector to recover the same as arrears of land revenue...........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Recovery - Magistrate can either issue a warrant for the levy of amount by attachment and sale of movables of defaulter or to issue a warrant to the Collector, authorizing him to realise the amount as arrears of land revenue - Magistrate can issue both kind of warrants simultaneously also...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Boundaries of suit land were ascertained by way of demarcation conducted by Local Commissioner - Plaintiff objected to report of Local Commissioner only on the ground that demarcation was not carried out on basis of old record - Objections rejected on the ground that in absence of challenge to..........
Agreement to sell -- Specific performance - Plaintiff has specifically averred that though defendants had neither obtained ITC certificate nor had revenue records corrected, they were threatening to dispossess him and create third party rights over suit property - Even, defendants have specifically stated that they were entitled to create third party rights - Concurrent..........
Mutation -- Mutation of name in respect of agricultural land does not create or extinguish title nor has it any presumptive value on title - It only enables person in whose favour mutation is ordered to pay land revenue...........
Mutation -- On basis of sale deed - Revenue authority while considering mutation application cannot go into validity of sale deed and such question can be decided by a competent Court of law...........
Mutation -- Entry in revenue record does not necessarily give rise to cause of action - Revenue entry is only for updating revenue record and a mere entry or non-entry does not affect right, title or interest of owners - In the instant case, suit for declaration that plaintiff is owner to extent of 1/5th share in joint agricultural land as well as 1/3rd share in..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and cancellation of sale deed - Plaintiff on the date of institution of civil suit was not recorded in revenue records rather defendant was recorded in revenue records - Civil suit for permanent..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Document in question is a public document, which is issued by a competent authority - Only reason shown by defendant is that document in question is with revenue authorities and there is delay in filing the same - However, said document is relevant and has a bearing on the issue in controversy -..........
Suit for possession and mandatory injunction -- Plaintiff failed to show from record that it has any right, title or interest in suit land - There is no title deed or revenue record forthcoming - Plaintiff thus, cannot seek possession or seek mandatory injunction against defendants qua same - More so, plaintiff has also not been able to show how suit was maintainable in..........
