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..........
Constitution of India, 1950, Article 226, Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Objection as to availability of candidate - Judicial review - Respondent No. 6 is a teacher in a Government school - His service requires his presence in school during school hours - If he performs duties of a Lambardar, he will have to remain absent from school..........
Revenue record -- Entry in revenue record is a strong presumption of possession - Khasra is evidence of possession and khatauni of title - Even though presumption is rebuttable but revenue records raise a very strong initial presumption...........
Punjab Land Revenue Rules, 1908, Rule 14, 15, 17 -- Appointment of Lambardar - Interference with choice of Collector - Commissioner as well as Financial Commissioner did not record any finding that order passed by Collector was suffering from patent illegality or perversity - Held, unless such finding was recorded by Commissioner or Financial commissioner, they had no..........
Punjab Land Revenue Rules, 1908, Rule 14, 15, 17 -- Appointment of Lambardar - Validity - Respondent No.2 was defaulter of payment of bills of Public Health Department from June, 2000 till September, 2006 - Proceedings to fill up post in question were initiated in month of April, 2005 - Deposit of amount after Collector appointing petitioner as Lambardar - Held, it will..........
Tenancy -- Gair Marusi - Held, words, Gair Marusi, merely refer to an occupant of land and only if it is accompanied by an entry of payment of rent, in relevant column of revenue record, would raise inference of a tenancy...........
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 Land Revenue Rules, 1908, Rule 14, 15, 16 -- Appointment of Lambardar - Petitioner has colluded with concerned official(s), who conducted proclamation in a clandestine manner so as to ensure that there would be no contest and petitioner would be appointed as Lambardar - Held, such an unhealthy practice is not permissible in law - Order passed by Financial..........
