Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of Lambardar - Significant factor - Held, availability of a Lambardar in village is a significant factor to be considered while appointing a Lambardar - If a question mark is raised upon a candidate's availability in village, Collector would necessarily be required to..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Objection as to availability of candidate - Failure of Collector to consider - Held, it would be an error of jurisdiction liable to be corrected by appellate and/or revisional authority - Principle that choice of Collector is final is a rule of prudence and..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of Lambardar - Objection as to availability of candidate - Failure of Collector to consider - Rectification thereof by Commissioner - Validity - Commissioner after holding that respondent No.6 would not be available in village rectified error by setting aside order..........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 9, Rule 13 -- Partition proceedings - Ex parte decree - Setting aside of - Held, no body should be condemned unheard - In present case, Assistant Collector, 1st Grade violated basic rule of audi alterm parterm while passing ex-parte order - Revenue authorities i.e. Collector, Commissioner as well..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7 -- Eviction - Unauthorized occupation - Public premises - Order passed by Assistant Collector 1st Grade holding that Municipal Committee is not owner of premises in dispute - Order attained finality - Not so far challenged by Municipal Council - Held, it is difficult to hold that law..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 43A -- Correction of revenue record - Delay of 26 years - Held, perusal of S.42 reveals that State Govt. may "at any time" examine correctness of any scheme or order passed during consolidation - Expression "at any time" requires a person to approach Consolidation authorities within..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iia) -- Shamlat deh - Exclusion from - Gram Panchayat has been held to be owner of entire land but 76 acres out of this land has been excluded on ground that department has erected infrastructure and established farm etc. - Held, once it has been held that entire land including 76 acres is `Shamilat Deh',..........
Punjab Land Revenue Act, 1887, Section 13, 16, 34 -- Mutation proceedings - Transfer of case - Validity - Held, justice should not only be done but it should also appear to have been done - No litigating party should be forced to go home with a grouse that he/she did not get fair trial or due opportunity to plead the case - In present case, when respondent No.7 raised an..........
Punjab Land Revenue Act, 1887, Section 13, 16, Constitution of India, 1950, Article 226, 227 -- Writ petition - Alternative remedy - Petitioner has not availed his alternative remedy and that too without any reason - Held, petitioner was under legal obligation to exhaust his alternative remedy available to him before filing present writ petition - Petition dismissed...........
Punjab Land Revenue Act, 1887, Section 44 -- Entry in `Wajib-ul-Arz' - Presumption - Document that generally records user to which Shamilat land of a village or a `Patti' is to be put is called `Wajib-ul-Arz' i.e. a document that records the customs, rules and regulation of a village - Thus, presumption of truth attaches to entry in `Wajib-ul-Arz' u/s 44 of the Act...........
