Punjab Land Revenue Act, 1887, Section 116, 117 -- Partition - Question of Title - Death of one of the co-sharer in joint Khewat - Dispute between LR's of the deceased co-sharer - No question of title involved between the co-sharers inter-se - Partition proceedings not to be affected due to pendency of civil suit between LR's of one of the co-sharer...........
Uttar Pradesh Motor Vehicles Taxation Act, 1997, Section 10(3) -- Motor Vehicles Act, 1988, Section 88(12) - Constitution of India, 1950, Articles 14 and 19(1)(g) - Whether Section 10(3) of the Act of 1997 inserted by U.P. amendment Act No.25 of 2001 imposing ten times penalty is void or infringement of right under Articles 14 and 19(1)(g) of the Constitution - Held that..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 10 -- Allotment of land - Land allotted by Tehsildar (Sales) vide order dated 23.7.1972 - Allotment amount paid - Conveyance deed executed on 25.3.1980 in favour of allotee - Revenue record remained in the name of the Central Government - Subsequently, Addl. Commissioner allotted the said land to another person..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition of land - Dohlidar - Right to get land partitioned - Dohlidars fall in the category of tenants - Can seek the partition of their dahlia land...........
Punjab Land Revenue Act, 1887, Section 123 -- Partition of joint land - Plea of family partition - Stress that main frame of partition should be as per family partition/private partition/separate possession of co-sharers - Mode of partition should be in adherence with private partition - Adjudication, if any, to be confined to marginal or left out areas not spelt out in..........
Punjab Land Revenue Act, 1887, Section 123 -- Partition of joint land - Objected on plea of private partition - Plea rejected by AC 1 on the ground of non implementation/incorporation in revenue records - Family partition effected through written agreement - Proved by signatories - Incorported in nehri girdawari - Honouring existing position is important mode of partition..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Principle of honouring existing possession - Followed as co-shares often make internal adjustment for enjoyment/cultivations of land through an informal arrangement even though such divisions of possession are in formal or adhoc, but when same continues for long &..........
Punjab Land Revenue Act, 1887, Section 16 -- Appointment of Lambardar - Previous Lambardar dismissed on account of lodging of F.I.R. against him - Proclamation for filling vacancy on account of Registration of FIR against him - Candidate against whom three criminal cases registered appointed Lambardar - Conduct of person to be appointed Lambardar should be above board -..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2 -- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not..........
Punjab Land Revenue Act, 1887, Section 16(1), Hindu Succession Act, 1956, Section 4, 14 -- Widow - Entered `Kareva' (remarriage) - Right of Succession to the share of property of her pre-deceased husband - Absolute owner of suit land - Section 14 of Succession Act overrides all laws regarding widow's estate - Remarriage cannot divest her of the right to inherit property..........
