Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Acquittal in criminal case - Effect - Held, in case of acquittal, no disqualification should result on mere involvement in FIR - Acquittal would wash away effect of allegations made against person and such person can say that this aspect cannot be held against him in any manner...........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Held, a person, who is seen to be dishonest, cannot be considered for appointment to post of Lambardar...........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Post was for general category candidates - Plea that reserved candidate can seek appointment to post of Lambardar even if he is scheduled caste - Held, Lambardar is not a post in that sense where claim of persons of different categories can be considered inter se - Such appointments cannot be fairly..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Passport of candidate, who was appointed Lambardar, shows that he may not be ordinarily residing in village - Said issue has not been properly considered - Held, matter remanded back for reconsideration of entire issue and to pass any appropriate order in accordance within law...........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Possession - Report of kanungo made during pendency of the suit cannot be made basis of the finding regarding possession - Finding regarding possession over suit land cannot be left to spot inspection by petty revenue official - Such reports can be obtained easily by one or other party for many extraneous..........
Jamabandi -- Nehri girdwari cannot prevail over entries in revenue record i.e. Jamabandies and Khasra Girdwaris - Entries in Jamabandies carry presumption of correctness - The said presumption is not rebutted by Nehri girdwaris - On the contrary, the presumption of correctness attached to entry in Jamabandis gets further strengthened on account of repetition thereof in..........
Punjab Land Revenue Act, 1887, Section 16 -- Appointment of Mahant of Dera - Approval of - Imposition of conditions - Held, once Deputy Commissioner has to accord validity to appointment of Mahant of Dera, he obviously would have jurisdiction to so approve appointment with conditions - If approval is necessary then power of authority cannot be restricted in any manner - In..........
Punjab Land Revenue Act, 1887 -- Joint land - Sale of - Held, if land is jointly held then no one can sell particular Khasra...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - Statement of defendant by itself is not sufficient to belie the entries in the revenue record - Testimony of PW1 that his wife being co-sharer was in possession thereof remained uncontroverted - Defendant is not justified in claiming that she alone is the owner in possession of the suit land, in..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 16(ii), 13 -- Panchayat land - Transfer to District Red Cross Society - Validity - Resolution passed by Gram Panchayat was a mere proposal - It was not placed for approval before State Govt. in terms of R.13 of the 1964 Rules - Held, it did not lead to a transfer of title - Revenue..........
