Prevention of Corruption Act, 1988, Section 13(2), 7 -- Bribe - Currency notes smeared with phenolphthalein powder not initialled - No evidence regarding smearing the currency notes with phenolphthalein powder - In the backdrop the plea of the appellant that the currency notes were thrust on him assumes significance as complainant had applied for copy of the registered..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, Succession Act, 1925, Section 87, 211, 213 -- Will - Bequest in favour of government hospital absolutely and forever - Three executors appointed - Mutation made in favour of hospital - Hospital moved application for eviction of respondent No.1 who is unauthorised occupant - Held, hospital..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Electricity Supply (Consumers) Regulations, 1984, Regulation 9 - Consumer - Electricity power connection - Power connection stood in the name of the late father of the complainant - Nowhere pleaded that any mutation having been done in that connection in the name of the complainant - Held that unless there is an..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation about change of ownership - Moment appeal preferred against sanction of mutation ordered by Assistant Collector IInd Grade - Mutation became contested - Appropriate course - To declare mutation as contested and remand it to Assistant Collector 1st Grade to grant opportunity to concerned parties to lead..........
Punjab Land Revenue Act, 1887, Section 16, 13, 34, 35, 36, 37 -- Mutation sanctioned by Assistant Collector IInd Grade about change of ownership - Mutation became contested moment appeal preferred - Order of sanction of mutation by Assistant Collector IInd Grade upheld in appeal and revision - Resulted in grave miscarriage of justice as mutation decided without giving..........
Adverse possession -- Co-owners - Property purchased jointly by two brothers - Mutation entry in name of both - One brother continued to cultivate it as co-owner - No evidence showing either partition of suit property or sale of share by one to the other - Ouster not proved - Co-owner not entitled to claim title by adverse possession...........
Adverse possession -- Co-owners - Long and continuous possession by itself would not constitute adverse possession - Possession of one co-sharer amounts to possession on behalf of other co-sharers unless there has been clear ouster by denying the title of other co-sharers - Mutation in the revenue record in the name of one co-sharer does not amount to ouster unless there..........
Co-sharers -- Mutation - In the name of one co-sharer - Does not amount to ouster of other co-sharer unless there is a clear declaration denying the tile of other co-sharers...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Ownership claimed on the basis of Will dated 21.2.1993 - However on the basis of Will no mutation of inheritance entered and the Will did not see the light of the day till the suit property was attached - Principle laid down in O.21.R.58(1) Proviso (b) applies as the objections are filed designedly..........
Punjab Land Revenue Act, 1887, Section 13, 16, 34, 35, 36, 37 -- Order on merit desirable in revenue cases - Amendment in appeal by way of correction of mutation number and village in head-note - Court has to take cognizance of technical shortcoming or typographical error and allow correction...........
