Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation is not evidence of delivery of possession - Delivery of actual/physical possession can be only through an order passed u/s 122 of the Act...........
Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation - Once partition proceedings have finalized and deed of partition has been prepared, sanction of mutation by revenue authorities on basis thereof cannot be held wrong - There is no illegality in sanctioning of mutation on basis of instrument of partition...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Complainant deposed that loan is shown in income tax return - However, income tax return not produced - Held, when legal presumption is available in favour of complainant which is not rebutted then no corroboration is required to version of complainant by submitting income tax return -..........
Tamil Nadu Patta Pass Book Act, 1983, Section 10 -- Revenue record - Rectification of record - Locus standi - Land in question is acquired by State Government - Respondent has no subsisting interest in said land - Respondent thus, has no locus to pursue application before District Revenue Officer for correction of land records...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Punjab Land Revenue Act, 1887, Section 16 -- Sanad - Can only be challenged by way of a revision petition u/s 16 of the Act before Financial Commissioner or by way of a writ petition before High Court...........
Punjab Land Revenue Act, 1887, Section 16 -- Sanad takseem - Plea of petitioner that order of Collector allowing appeals was without jurisdiction - However, he never objected to maintainability of appeals - Appeal before Collector could have been objected to after the same was filed - If such a objection had been raised it may have been held that post issuance of sanad..........
Consumer Protection Act, 1986, Section 2(1)(r)(3)(a) -- Quiz show - Higher rate of SMS to join the quiz show - Exclusive right of Airtel to charge fees or charges towards services rendered by it to participate in the quiz - No role of Star India in determining same - No provision in agreement for revenue sharing between parties - Complainant failed to establish any direct..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........
Madhya Pradesh Land Revenue Code, 1959, Section 172(1), (4) -- Imposition of penalty u/s.172 of the Act - Issuance of show cause notice - Seeking reply from petitioner regarding running of marriage garden without permission and without diverting the land in dispute - Plea of petitioner that land in dispute although used for marriage functions but are not used for..........
