Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Auction sale -- Setting aside - Non-filing of application u/ss 37-A or 38 of Revenue Recovery Act - Auction sale took place on 29.07.2005 and confirmation of sale was made on 23.07.2008 - Appellant admittedly did not file any application before competent authority within 30 days limitation prescribed u/ss 37-A or 38 of Revenue Recovery Act - Therefore, bar of limitation..........
Auction sale -- Setting aside - Auction and its subsequent confirmation have not been shown to suffer from any material irregularity, mistake or fraud as contemplated u/s 38 of Revenue Recovery Act - Auction purchaser paid full purchase amount on the day of sale and sale was confirmed only after due procedure and in the absence of any valid challenge - Issuance of sale..........
Auction sale -- Setting aside - Contention that auction was conducted during pendency of Writ Petition and that High Court's interim order staying confirmation of sale rendered any statutory application unnecessary - This contention is misconceived, as record reveals that while High Court had granted limited interim protection against confirmation of sale, there was no..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of nullity of a rapat entry and correction of revenue records - Applicant has placed on record certain documents such as mutation and Jamabandi showing transfer of suit land from State Government to one `J' and thereafter to himself - He has also referred to several rounds of..........
Mutation -- Mutation entries do not confer title - They serve a fiscal purpose, that is to realize tax from person whose name is recorded in revenue records...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Father pleaded that he is an unemployed person having no source of income, therefore he is unable to pay maintenance to daughter who is living with her maternal grandfather - Sub Divisional Officer (Revenue) and SHO concerned directed to visit house of father and submit a report about number of family..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Order passed u/s 340 Cr.P.C - Appeal - If an order u/s 340 Cr.P.C. is passed by a civil Court, revenue Court or criminal Court, appeal would lie on respective side to appellate Court, even though provision for conducting an enquiry and filing a complaint for giving false..........
