Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15, 20 -- Appointment of Lambardar - Qualification of candidates - Held, personal influence, character, services rendered to State by himself or by family, service rendered to Community and Development programmes, are relevant consideration for appointment of Lambardar...........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15, 20 -- Appointment of Lambardar - Disqualification - Criminal complaint for offences falling within domain of Ss.323, 324 and 326 IPC filed against candidate - Proceedings terminated in compromise and candidate acquitted - Held, it will not disqualify candidate for..........
Punjab Land Revenue Act, 1887, Section 158 -- Mines and Minerals (Regulation and Development) Act, 1957, Punjab Minor Minerals Concession Rules, 1964 - Use of brick earth extracted from land of private land owners, by brick-kiln owners - Held, State is not vested with power to recover royalty from brick-kiln owners...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Land in disputed recorded in the name of one `B' after death of his father `K' - Petitioner did not challenge mutation entry immediately - During pendency of suit petitioner moved Revenue Court to seek his share in the property - Perusal of order passed by Revenue..........
Trust -- Private or public - Factors relevant are : (1) If the beneficiaries are ascertained individuals; (2) If the grant has been made in favour of an individual and not in favour of a deity; (3) The temple is situated within the campus of the residence of the donor; (4) If the revenue records or entries suggest the land being in possession of an individual and not in..........
Punjab Land Revenue Act, 1887, Section 16 -- Appointment of Lambardar - Petitioner appointed Lambardar by Collector considering him suitable as he is Ex. Panch, of 54 years of age, 11th class pass and owns more than 20 kanals of land in village - Respondent was removed from service on the ground of misconduct, he having committed embezzlement - In appeal, Commissioner..........
Punjab Land Revenue Rules 1908, Rule 20 -- Appointment of Lambardar - Respondent 42 years of age, a Matriculate, also passed Giani and running karyana and STD shop in village and can spare time for villagers to perform duties - Petitioner highly qualified having done MA, B.Ed., serving as Teacher on transferable job - Held, petitioner in view of the nature of his service..........
Civil Procedure Code, 1908, Order 33, Rule 14, Tamil Nadu Revenue Recovery Act, 1864, Section 52 -- Recovery of amount of Court-fees - Petitioner directed to pay arrears of Court fee with default clause entailing action under the Act of 1864 to recover the amount - Held, defaulted Court fee can be recovered treating same as land revenue by making resort to provisions of..........
Punjab Land Revenue Rules 1908, Rule 16(ii)(a) -- Dismissal of headman who was involved in a criminal case u/s 302/34 IPC and was taken in custody and his trial terminated in his conviction - Held, case squarely fall within the domain of Rule 16 (2) (a) - Such a person who is involved in serious crime indictable u/s 302 of IPC cannot command respect from public and thus..........
