Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123 -- Land purchased 20 years back vide single sale deed - Compromise affected at that time - Parties in possession of their respective shares, constructed room and installed electric motors - Application for partition of land - Mode of partition prepared after spot..........
Punjab Land Revenue Act, 1887, Section 16, 111, 112, 113, 114, 115, 116, 117 -- Partition of Land - Naksha Bey confirmed by AC Ist Grade - Collector in appeal set aside the order and remanded matter back with specific directions - Again same Naksha Bey approved by AC Ist Grade without complying with directions - Collector again remanded matter back with specific directions..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition of land - Objections to Naksha `Be'- Land fragmented into small pieces - Consolidation of holdings important factor while partitioning of joint land - Case remanded back to AC Ist for re-examination - AC Ist to pass final order after spot inspection...........
Evidence Act, 1872, Section 114 - - Adverse inference - 15% arrangement was neither any part of the appellant's case, nor was it desiring to rely on the said state of facts - In the circumstances there was no obligation upon appellant's to produce any documents to prove the case put forward by the Canbank Mutual Fund - There was no situation in which adverse inference..........
Evidence Act, 1872, Section 114, 102 -- Registered document - There is presumption that a registered document is validly executed - Onus of proof is on the person who leads evidence to rebut the presumption...........
Hindu Marriage Act, 1955, Section 13, Evidence Act, 1872, Section 114 -- Mental disorder - Husband alleged to be suffering from Paranoid Schizophrenia - Husband refusing to submit himself for medical examination and go before the medical Board - This confirms the plea of wife that husband is suffering from Paranoid Schizophrenia and Court can draw adverse inference in view..........
Hindu Marriage Act, 1955, Section 13, Evidence Act, 1872, Section 114 -- Divorce - Petition by wife on ground of cruelty and mental disorder - In absence of any evidence led by husband the evidence led by wife has to be relied upon...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Scope of review - Rehearing is permitted on account of some mistake or error apparent on face of record or for any other sufficient reason - No rehearing permissible because a party not highlighted all aspects of the case or could perhaps have argued them more forcefully or cited binding precedents to Court and..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - When permissible - Case laws discussed...........
Evidence Act, 1872, Section 114 -- Witness summoned but not examined - Adverse inference cannot be drawn when evidence on record is sufficient to record a finding as regards possession...........
