Punjab Land Revenue (Lambardari) Rules, 1908, Rule 4, 15, 16 -- Lambardar - Appointment of petitioner set aside and respondent appointed as Lambardar as (1) Petitioner was 10th pass whereas Respondent was 12th pass; (2) Respondent had donated blood; (3) Respondent acquired land from his parents whereas petitioner acquired land in his name and mutation was sanctioned after..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Mutation by Naib Tehsildar - Allegation against petitioner are that he sanctioned mutation on basis of certain reports submitted to him by the Subordinate officers - Merely because allegations of forgery and conspiracy are levelled against petitioner, it would not take the case out of..........
Indian Penal Code, 1860, Section 420, 467, 468 -- Naib Tehsildar - Sanctioned mutation on the report of his subordinate officers - Held, that while passing order of mutation by Naib Tehsildar in exercise of power under Land Revenue Act, he acts as a Judge and he cannot be prosecuted on the ground of aiding and abetting main accused alleged to have committed offence u/s..........
Mutation -- Consent of plaintiff - Plaintiff was neither present nor he signed the mutation proceedings - So it can't be said that mutation was sanctioned with the consent of plaintiff...........
Limitation Act, 1963, Section 58, 113 -- Right to sue - When plaintiff claims himself to be owner in exclusive possession of suit property - Right to sue accrued to plaintiff when defendant actually threatened to take forcible possession and not when the mutation was sanctioned in their favour - Under S.113 Limitation Act, limitation is three years from the date when the..........
Punjab Land Revenue Act, 1887, Section 34, 35 -- Mutation - Can be sanctioned on the basis of registered sale deed even if possession not transferred - Sale deed not challenged - Vendors having no objection in sanctioning of mutation - Revenue Officers duty bound to give effect to the registered sale deed. 2005 (2) PLR 103 (DB) relied...........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Suit for declaration - Decreed by High Court holding that petitioner is entitled to succeed as per principle of Primogeniture - Suit for possession filed by petitioner - Pending - Mutation sanctioned in appeal by Commissioner on the basis of natural succession subject to final verdict of Civil Court - Order..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5, 18(6), Punjab Security of Land Tenures Act, 1953, Section 21, 24 -- Illegal order - Effect & Consequences - Land of Gram Panchayat declared surplus in 1961 - Compensation paid and received by Gram Panchayat - Land subsequently allotted by Government to various persons in 1976 - First installment deposited by the..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation of inheritance - Sanctioned on the basis of natural suceession - Will setup by grandson - Litigation regarding genuiness of Will pending in Civil Court - Will surrounded by suspicious circumstances - To be ignored while sanctioning the mutation of inheritance - After the decision of Civil Court, the party concerned..........
Punjab Village Common Lands (Regulation) Rules, 1964 -- Cancellation of Exchange - Principles of natural justice - Government granted sanction to exchange of land by Gram Panchayat with the land of petitioner to provide public passage - Exchange concluded - Mutation reflecting change of ownership sanctioned and possession exchanged - Financial Commissioner ordered..........
