Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 being tax Inspector demanded Rs.2500 as bribe to process application for transfer of ownership in the name of daughter of complainant - Admittedly, it is within the knowledge of complainant that A-1 was not competent to issue mutation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff seeking temporary injunction restraining defendants from interfering in his possession - By way of counter claim defendant seeking temporary injunction restraining plaintiff from creating any obstruction in their peaceful possession - Defendants in support of their counter claim has..........
Mutation -- Writ petition against order passed in mutation proceedings is not entertainable u/art 226 of Constitution - Writ petition dismissed...........
Mutation -- Ownership of land of Shamlet Deh - No question arises for granting mutation in favour of plaintiff...........
Mutation -- Cannot be granted on the basis of possession...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff cannot be unsuited at the nascent stage of suit, merely on the basis of mutation entry unless specific knowledge of exclusion of right is brought on record...........
Mutation -- On the basis of death of brother praying that petitioner is the only person who is entitled to be mutated over the land - Tehsildar cannot relegate petitioner to Civil Court for seeking declaration that he is legal representative of deceased - Tehsildar can very well consider and determine geneology between parties...........
Will -- Suspicious circumstances - Execution of Will in favour of five sons to the exclusion of sixth son - Marginal witness to the Will had deposed that all the five sons/plaintiffs were present at the time of execution of Will but sixth son/defendant was not present - However, PW3 has deposed that Will was found while cleaning the house after 5-6 months after the death..........
Will -- Probate - When a Will in question is executed in the Districts of State of Odisha, which were coming under ex-princely State, no probate of Will is necessary - In the said Districts, Revenue Authorities and Tahasildars can proceed with mutation cases on basis of un-probated Wills...........
Mutation -- On basis of un-probate Will - Mutation cases in the areas inside State of Odisha, those were coming under ex-princely State on basis of un-probated Wills are entertainable by Revenue Authorities and Tahasildars - But, if after initiation of mutation proceedings on basis of un-probated Wills, any dispute either in respect to genuineness of such un-probated..........
