Central Excise Act, 1944, Section 35(L)(b) -- Accessee company engaged in the production of shrimps and tiger prawns - Order passed by tribunal holding that the duty of Central Excise on shrimps and shrimp seeds produced and removed by accessee, a hundred percent export oriented unit in the Domestic Tariff Area (DTA) without the approval of the Development Commissioner..........
Punjab Land Revenue Act, 1987, Section 158(2) -- Arrears of Haryana Rural Development Fund - Suit filed to challenge the assessment - Held, jurisdiction of civil court is barred in the case of suit instituted by the defaulter and not by the stranger or third person - A third person challenging liability to pay the amount, then jurisdiction of civil court is not barred...........
Wakf Act, 1954, Section 5(2) -- Wakf Board filed suit for declaration of title on the basis of notification declaring suit property as Wakf property - Revenue record depicted suit property to be owned by Gram Panchayat and subsequently owned by defendant and in possession of Makbooja Malkan initially - No evidence of creation of Wakf relating to suit property by dedication..........
Punjab Land Revenue Act, 1887, Section 121, 123 -- Private partition - Evidence on record shows that partition of shamlat land effected long back among co-sharers and every co-sharer put into possession of his respective share - Factum of partition and possession of respective co-sharer authenticated by revenue officials while recording entries in their record - Held,..........
U P Consolidation of Holdings Act, 1953, Section 9A(2) -- Once a notification of initiation of proceedings under the Consolidation Act is issued, all matters pending before the Civil Court stand abated - Statutory authorities under the Consolidation Act enjoy the powers of the Civil Court as well as the Revenue Court as Authorities under the Consolidation Act have been..........
Prevention of Corruption Act, 1988, Section 13, 20 -- Accused, a patwari, demanded and accepted bribe of Rs.400/- for supplying copies of revenue record - Statement of complainant and his brother contradictory and discrepant - Accused had prepared encroachment case against father of complainant and the complainant - Complainant thus had motive to frame the accused - No..........
Himachal Pradesh Land Revenue Act, 1953, Section 171, 163 - - Jurisdiction of Civil Court - Suit for declaration and injunction - Whether decree for declaration can be granted in favour of plaintiff without assailing ejectment order passed u/s 163 of the H.P. Land Revenue Act - Held, Civil Court had no jurisdiction to grant decree in question in favour of plaintiff without..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Demand of Rs.700/- by Patwari for correction of entries in revenue record - Recovery of tainted money lying underneath a thick cloth which place was pointed out by complainant - Recovery not effected from person of accused - Accused not caught red handed - Demand and acceptance not proved -..........
Civil Procedure Code, 1908, Section 11 -- Revenue sale challenged on a previous occasion and negatived by Court on merits - Subsequent challenge of the same on ground of fraud in the conduct of recovery proceeding and sale - Held, barred by res judicata...........
Civil Procedure Code, 1908, Section 11 -- Revenue sale - Writ petition by one of the partners of the firm - Dismissal thereof - Subsequently challenged by the firm - Barred by res judicata as the previous challenge is to be taken as one for and on behalf of the firm and the same is binding on it...........
