East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 43A -- Correction of 'clerical mistake' after 40 years of consolidation - No separate application supported by affidavit explaining circumstances for moving application after 40 years of consolidation - Explanation for delay wholly vague and not sufficient for condonation of delay -..........
Punjab Land Revenue Act, 1887, Section 45 -- Dispute as to title - Correct forum - Civil Court which can decide issue of title under Section 45 - Mere claim of Punjab Wakf Board in respect of a particular property alleged to be Kabaristan which is not so recorded in revenue record - Does not establish that property was wakf property unless it is so held by competent Court...........
Indian Penal Code, 1860, Section 302, 304 Part I -- Dispute over irrigation of field - Deceased persisted in removing blockage of Nali - Appellant who was already having a pistol took it out and fired a shot - Injury caused on neck - No previous malice to suggest appellant had intention to commit murder - It was exchange of hot talks which infuriated appellant and..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 9, Civil Procedure Code, 1908, Section , Order 41 -- Dismissal of appeal for non-prosecution by persons interested - Can be only under Section 151 - Not under any other provision of Order 41 - Appeal if dismissed under Section 151 - Article 122 Limitation Act has no application - Court when makes order under Section..........
Limitation Act, 1963, Article 137, 122 -- Application by person not a party to proceedings for restoration of appeal dismissed for non-prosecution - Falls within scope of Article 137 - Not within scope of Article 122 - Application filed within 3 years for setting aside order of dismissal of appeal - Within time - Civil Procedure Code, Section 151 and Order 22 Rule 9 &..........
Constitution of India, 1950, Article 226 -- Bar of remedy of appeal - Challenge to assessment of property for house - tax under Punjab Municipal Act - Remedy of appeal under Section 84 and a specific bar under Section 86 - Relegated to remedy of appeal under the Act - Time spent in High Court in assailing the order - Condoned - Punjab Municipal Act, Sections 86, 84 and 67...........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3(3)(a) -- clauses (iii) and (iv) - Aim at different purposes - Incorrect to contend that sub-clauses (iii) and (iv) of Section 3(3)(a) of the Act stand on a different footing...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- as amended by Punjab Act 25 of 1993-Application filed by Panchayat under Section 11 prior to 1993 for declaration of title decided after 1993 - Objection to maintainability of application as right given to Panchayat to seek determination under Section 11 only by virtue of amendment in 1993-Not tenable as..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Title of Panchayat settled in proceedings under Section 11-Panchayat at liberty to initiate proceedings for taking possession under Section 7-Dispossession of unauthorised occupant of Panchayat land-Cannot be unless and until application moved by Panchayat under Section 7...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- as amended by Punjab Act 25 of 1993 and Section 7-Application by Panchayat under Section 11 for determination of title-Objection to maintainability of application on the ground that earlier applications filed by Panchayat under Section 7 dismissed in 1976 and again in 1982 - Not tenable-Proceedings under..........
