Punjab Land Revenue Act, 1887, Section 16, 116, 117, 118, 119, 120, 121 -- Revision in partition case - Objection that as Instrument of Partition prepared at that stage it should not be interfered' - Not tenable as land not partitioned in accordance with Mode of Partition...........
Punjab Land Revenue Act, 1887, Section 16 -- sections (3) & (4) as amended by Haryana Amendment Act 1996 - Not necessary for Commissioner to make recommendation to Financial Commissioner for acceptance of revision petition filed before him - Commissioner can himself take the decision on revision petition without making any reference which was earlier required to be made...........
Punjab Land Revenue Act, 1887, Section 118(3) -- Withdrawal from partition by applicant for partition - Discretion lies with Revenue Officer to grant permission to withdraw from partition or not - Revenue Officer can permit to withdraw from partition on such terms and conditions as he thinks fit - Right to withdraw from partition - Not absolute - Section 118(3) gives right..........
Punjab Land Revenue Act, 1887, Section 116, 118 -- Non-inclusion of certain land in partition proceedings - Objection as to - Should be raised when question relating to property to be divided under Section 118 decided at the time of preparation of mode of partition...........
Punjab Land Revenue Act, 1887, Section 118, 116 -- Partition - Has to be effected according to sanctioned mode of partition...........
Punjab Land Revenue Act, 1887, Section 118(3) -- Withdrawal from partition - Not correct that applicant for partition can be permitted to withdraw from partition proceedings at any stage till partition is not complete i.e. till the time of issuance of instrument of partition and delivery of possession - Applicant for partition can be permitted to withdraw from partition..........
Punjab Security of Land Tenures Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 77 -- Relationship of landlord and tenant - Question as to - Can be decided by Revenue Court even though proceedings under the Act summary in nature - Decision would not operate as res judicata and open to challenge in subsequent suit...........
Constitution of India, 1950, Article 226 -- Challenge to appointment of Lambardar - High Court while exercising writ jurisdiction not to interfere in matter pertaining to appointment of Lambardar particularly when Revenue Authorities under Punjab Land Revenue Act have come to a particular conclusion about appointment of Lambardar keeping in view consistent view taken by..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time for payment - (i) Section 149 CPC has to be interpreted and given effect to in a liberal manner; (ii) the payment of deficit court fee is a matter between the State i.e. Revenue and the plaintiff; (iii) the effect of allowing an application under Section 149 CPC is as if the deficit court fee..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Partition of Bachat land - Director Consolidation has no jurisdiction to deal with Bachat land and order its partition amongst right - holders - Jurisdiction only vests in Revenue Officers under Punjab Land Revenue Act, Sections 111 to 118...........
