Criminal trial -- Time of occurrence - 7.00 p.m. or 10.00 p.m. - PW4 stated it to be 7.00 p.m. whereas PW3 has given time of occurrence in between 9.00 and 10.00 p.m. - It is a great variation and it cannot be attributed merely to the inability of the witnesses hailing from the village to give correct time - PW3 signed in Hindi and he is a 'Lambardar' and PW4 signed in..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner in appeal substituted his preference for appointment of Lambardar not because of any perversity or infirmity in the order of Collector but because of his opinion that other candidate is more meritorious candidate - Case covered by 2000 (2) PLJ 469 DB - Order of Commissioner set aside...........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Conviction of candidate under Sections 323 and 324 Indian Penal Code - Confirms criminal bent of mind - Any person who lacks in public dealing or by nature is prone to violence - Will not be a suitable candidate - Post of village Headman is of responsible nature as appointee has to remain in regular..........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Commissioner in appeal set aside order of District Collector - Lambardar appointed by Commissioner - (i) better educated, studied upto Higher Secondary and also has Diploma in Social Work Group, (ii) having sufficient holding in the village, (iii) Assistant Collector 1st Grade recommended only his name,..........
Punjab Land Revenue Act, 1887, Section 16, Punjab Land Revenue Rules, 1908, Rule 19B -- Harijan lambardari revision - Commissioner in appeal upheld choice of District Collector in appointment of Harijan Lambardar - Unless there is something significantly wrong or irregular, choice of District Collector should not be disturbed - Financial Commissioner declined interference..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner if wishes to set aside order of Collector - Should give adequate reasons for doing so - In Lambardari cases it is choice of District Collector that is to be respected - Orders of District Collector ought not to be set aside simply because Appellate Authority feels that the other candidate may be..........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Candidate has been working as Sarbrah of deceased Lambardar - Sufficient to dispel my doubt about his qualifications - Preference to be given to experienced hand who has already worked as a Sarbrah Lambardar...........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Main consideration - Lambardari work should be carried out smoothly and efficiently - Lambardari of the village - A special distinction in rural society - Only the most worthy has to be appointed...........
Punjab Land Revenue Act, 1887, Section 3(8) -- Lambardar who failed to deposit arrears of land revenue collected by him - Liable to be declared a `defaulter' under the Act - Definition of defaulter includes a village officer (Lambardar) who collects land revenue or any other sum recoverable as land revenue and does not pay the same to State Government...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner set aside order of Collector dismissing Lambardar and remanded case to Collector for decision afresh - No permanent injury occurred by way of remand order - Can advance his version if he has evidence to prove before Collector - Interference declined by Financial Commissioner - Punjab Land Revenue..........
