Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Shamalat deh - Ad interim injunction - Rejection of - Land in dispute is a shamlat deh and Gram Panchayat is described its owner in revenue record - Kind of land shows as Tibba and Choe (no, cultivable) - Revenue record in which Gram Panchayat..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from cutting trees in the land of plaintiff - Defendant does not become owner of trees even if trees are planted by defendant in the land of plaintiff - Trees always belong to the land owner and not to the planter...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Boundary dispute - It is always desirable to get suit land or field measured by an expert or competent public official to find out area of suit land encroached upon, more so, when oral evidence cannot help court when it is in form of words by rival parties...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(3) -- Mutation - Correction of - Assistant Director passed an order whereby some part of land was excluded from area allotted to petitioner and some area was included in holding of petitioner - Said order was challenged by respondent No.3 before Additional Director - Impugned order..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iia), Punjab Package Deals Properties (Disposal) Amendment Act, 2009, Section 5B - - Allotment of land - Cancellation of - Allotment of land made out of Shamalat Deh land - Allotment was made to allottee on 27.12.1984 i.e. prior to cut off date i.e. 09.07.1985 - Nature of land has been determined on the basis..........
Indian Penal Code, 1860, Section 420, 166, 167, 463, 464, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner, Sub-Divisional Officer, exercising jurisdiction under Rajasthan Tenancy Act and Land Revenue Act alleged to have conspired with other accused persons and got mutation in name of plaintiff for wrongful gains - No allegations made in FIR that..........
Civil Procedure Code, 1908, Order 7, Rule 11(a)(d) -- Rejection of plaint - Land in question whether agricultural land or abadi land - Held, it is a question of fact which has to be decided after evidence is led by parties - This issue be decided as preliminary issue after taking evidence - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for injunction in respect of land which was originally agricultural land but was converted into commercial land - Suit maintainable in civil Court even when conversion was not at plaintiff's instance - Application rightly dismissed...........
Specific Relief Act, 1963, Section 20 -- Suit for specific performance-Plaintiff seeking registration of sale deed - Perusal of agreement between parties show that it was not an agreement to sale but a document recording grant of loan to defendants - As per said document on default of payment plaintiff be entitled to get land by registered sale deed - Only Rs. 20,000/- was..........
Indian Penal Code, 1860, Section 307, 323, 324, 427, 506 -- Attempt to murder - Respondents were to resume their possession over the chak allotted in their favour - It also comprised the land of informant - Informant party was not willing to part with the possession of land - As such, there was a clash, which resulted in injury on both the sides - Held, injuries were so..........
