Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 379 -- Appeal against acquittal - Tree was cut and SHO was informed on same date and recovery memo shows that wood and tractor were taken into possession - No demarcation report has been obtained to know that from which area tree was cut - Wood taken in possession/sapurdari was not produced before..........
Punjab Land Revenue (Lambardari) Rules, 1909, Rule 19B -- Lambardar - Appointment - In the instant case, petitioner is not resident of village concerned - Even, documents created by petitioner to show that he is resident of village concerned was made after submission of application for post of Lambardar - However, said aspect not taken into consideration by Collector -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Jumla Mushtarka Malkana Hasb Rasd Khewatwar - Land in dispute was recorded in revenue record as Jumla Mushtarka Malkan Hasab Rasad Arazi Khewat - Defendants-plaintiff being bonafide purchasers, became co-sharers in Jumla Mushtarka Malkan and were put in possession by their vendors - Appellants were..........
Punjab Security of Land Tenures Act, 1953, Section 9(i)(ii), 14(1)(A), Punjab Security of Land Tenures Rules, 1956, Rule 56, Punjab Land Revenue Act, 1887, Section 44, 45 -- Eviction - Respondents seeking eviction of petitioner on ground that petitioner have not paid rent without sufficient cause - Petitioners raised question about status of private respondents of being..........
Punjab Security of Land Tenures Act, 1953, Section 9(i)(ii), 14(1)(A), Punjab Security of Land Tenures Rules, 1956, Rule 56, Punjab Land Revenue Act, 1887, Section 44, 45 -- Landlord and tenant relationship - Petitioners have been paying rent by way of `Batai' to extent of 1/2 share - Rightly, held that petitioners had been tenants of respondents and there was relationship..........
Limitation Act, 1963, Section 3, 27 -- Mixed question of limitation on facts and law - To be decided on evidence - Even, framing of specific issue is necessary so as to give opportunity to parties to lead evidence - Hence, Court cannot dismiss suit as barred by limitation only on basis of long standing revenue entries in absence of specific issue of limitation...........
Revenue entries -- Change in revenue entries - Ownership of plaintiff cannot be deemed to be abolished or snatched away by baseless entries made by revenue authorities in the name of Gram Panchayat...........
Revenue entries -- Limitation - There is no limitation for challenging revenue entry unless it is accompanied by threat to title...........
Haryana Municipalities Act, 1973, Section 52 -- Notice - In the instant case, suit is only qua action of revenue authorities or qua title of plaintiff per se - Any action of Municipal Committee or any order passed by any officer of Municipal Committee is not under challenge in this suit - Hence, there is no requirement of serving notice upon Municipal Committee...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Leave to produce receipts of payment of land revenue - Application cannot be rejected by Court under impression that party intends to prolong the case, without going into essence and requirement of document sought to be placed by parties - In the instant case, documents sought to be produced are..........
