Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Suspension of Sarpanch as a case under Sections 430/379 Indian Penal Code registered against him for unauthorised use (theft) of canal water - Unauthorised use of canal water - Not an offence - Offence alleged, theft (unauthorised use) of canal water - Does not constitute moral turpitude - No suspension can be ordered on..........
Haryana Canal and Drainage Act, 1974, Section 28, 29, 30, 31, 58, Northern India Canal and Drainage Act, 1873, Section 32, 33 -- Unauthorised use of canal water - Not an offence - For unauthorised use of canal water - Enhanced water charges can be charged as per provisions of the Act...........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Suspension of Sarpanch - Unauthorised use (theft) of canal water - Cannot be said to be offence involving moral turpitude or defect of character - Suspension of Sarpanch owing to registration of criminal case under Sections 430/379 I.P.C. for theft of canal water - Illegal...........
Haryana Canal and Drainage Act, 1974, Section 28,29,30,31 -- Unauthorised use of canal water - Not an offence - For unauthorised use of canal water - Enhanced water charges can be charged as prescribed by Rules - Jawala Ram's case AIR 1962 S. C. 1246 Followed - Northern India Canal and Drainage Act, Sections 32 and 33...........
Haryana Canal and Drainage Act, 1974, Section 55(2) -- Providing a separate Naka - Partition of joint land between father and sons - Warabandi has to be provided to lands separately after partition...........
Civil Procedure Code -- Bar of jurisdiction of Civil Court as preliminary issue - From title of suit itself it appears that suit pertains to provisions of Northern India Canal and Drainage Act - To decide whether suit is maintainable in Civil Court or not - No evidence is required - Order passed under Section 68(7) Northern India Canal and Drainage Act - Cannot be called..........
Northern India Canal and Drainage Act, 1873, Section 30 -- FF - Demolished watercourse, restoration of - Review by Superintending Canal Officer of earlier order passed in appeal - In earlier order clearly stated that water course an old running water course and RS had been irrigating his fields from this water course - No occasion for Superintending Canal Officer to review..........
Indian Penal Code, 1860, Section 302, 307, 324, 34, Haryana Canal and Drainage Act, 1974, Section 24 -- Digging of khal by accused - On protest complainants assaulted - Accused claiming right of private defence on being assaulted by complainant and others - Patwari, a prosecution witness deposed that life demarcated land two days prior to date of incident - His statement..........
Haryana Canal and Drainage Act, 1974, Section 18(2) -- Time - frame fixed - Only directory - Failure on the part of D.C.O. to decide about the Scheme within 30 days of the time for the receipt of objections and suggestions - Will not render the Scheme itself null, void or invalid - Chandgi Ram's case 1989 PLJ 323 Upheld - Time - frame provided in sub - section (2) of..........
