Lamberdar| Legal Education

LAMBERDAR IS A VILLAGE HEADMAN PART OF NON-OFFICIAL REVENUE SYSTEM.SOME MATTER FOR THE APPOINTMENT AND DISMISSEL ARE DISCUSSED BY LAND REVENUE RULES 1968. LAMBERDAR IS A VILLAGE HEADMAN APPOINTED FOR THE PURPOSE OF COLLECTION OF LAND REVENUE. THERE ARE TWO RULES FOR THE APPOINTMENT OF LAMBERDAR. FIRST APPOINTMENT. SUCCESSOR APPOINTMENT IN ALL FIRST APPOINTMENTS OF HEADMEN MUST HAVE QUALIFICATIONS UNDER RULE 17. SUCCESSOR APPOINTMENT IS ALWAYS BASED ON RULE OF PRIMOGENETURE. 

FOLLOWING QUALIFICATION SHALL BE CONSIDER FOR THE APPOINT OF LAMBERDAR. HEREDITARY CLAIM THE CANIDATE. CANIDATE FOR LAMBERDAR MUST HAVE SOME HEREDITARYNCLAIM IN THE STATE.  EXTENT OF PROPERTYNPOSSESSED.. LAMBERDAR MUST HAVE SOME EXTENT OF PROPERTY IN THE ESTATE.  SERVICES RENDERED TO THE GOVT. SOME SERVICES MUST BE RENDERED TO THE GOVT BY LAMBERDAR OR HIS FAMILY. LAMBERDAR MUST HAVE PERSONAL  INFLUENCE. FOLLOWING ARE THE KINDS OF DISMISSEL OF LAMBERDAR.

COMPULSORY DISMISSEL OPTIONAL DISMISSEL

IN THE FOLLOWING CIRCUMSTANCES LAMBERDAR SHALL BE DISMISSEL COMPILSORY. FOLLOWING ARE THE GROUNDS OF LAMBERDAR SHALL BE DISMISSED. CONVENTIONOF AN  OFFENCE OF MORAT TERPITUDE. IF LAMBERDAR IS CONVICTED FOR ANY OFFENCE OF MORTAL TERPITUDE LAMBERDAR SHALL BE DISMISELL.  IMPRISONMENT NOT LESS THAN SIX MONTH. IF LAMBERDAR IS SENTENSSED TO IMPRISIONMENT FOR A TERM NOT LESS THAN SIX MONTH,HE SHALL BE DISMISSED COMPULSORY.  LAMBERDAR CEASED TO POSSESS LAND.

WHEN LAMBERDAR IS CEASED TO POSSESS LAND HE SHALL BE DISMISS. IF LAMBERDAR MORTGAGE HIS HOLDING HE SHALL BE DISSMISS. IF LAMBERDAR DELIEVER THE HIS POSSESSION OF LAND HE SHALL BE DISMISSEL. OPETIONAL DISMISSEL IS SUCH WHERE LAMBERDAR MAY BE DISMISSED. FOLLOWING ARE THE GROUNDS WHERE LAMBERDAR. WHEN ANY CRIMINAL PROCEEDING HAS BEEN INITIATED LAMBERDAR MAY BE DISMISS. WHEN A LAMBERDAR IS SERIOUSLY EMBARRASSED BY DEBT HE MAY BE DISMISS. 

WHEN PHYSICAIL OR MENTAL INCAPACITY APPEARS TO LAMBERDAR HE MAY BE DISSMISS. WHEN LAMBERDAR ABSENCE FROM STATE HE MAY DISMISS. WHEN THERE IS A REASON TO BELIEVE THAT LAMBERDAR HAS TAKEN PART IN SMUGLING OF FOODGRAINS,COCAINE IF LAMBERDAR TAKES PART IN ANY UNCONSTITUTIONAL AGITATION AGAINST GOVT.HE MAY BE DISSMISS.

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Injunction | Legal Education

       Equity provides equitable relief by way of injunction in the nature of preventive or mandatory relief. It may be temporary or permanent.  “Injunction is an order of the court to a party to the proceeding to do or to refrain from doing a specify act.” Injunction is a discretionary relief. Followings are the principle of grant of injunction.

                        Apprehension of damage To meet the end of justice Defraud to the credits Section 56 of specific relief act 1877 provides ground where the court can refused injunction as followed. The court will not grant perpetual injunction to restrain a person from prosecuting a pending judicial proceeding. A permanent injunction cannot be granted a proceeding pending in a superior or higher court.

The court cannot grant injunction restraining the defendant from applying to a legislative body.  An injunction cannot be granted to interfere with the public duties of any department of the Federal Government or any Provincial Government or with the Sovereign acts of a Foreign Government.  No injunction shall issue to prevent the breach of a contract which the court can not specifically enforce.

          Nuisance is anything wrongfully done or permitted to be done which injures annoys a person in the enjoyment of his legal right.  No injunction shall be granted to prevent a continuing breach in which plaintiff acquiesced. A more acquiescence is not enough. There shall however be not continuing breach.  The principle that specific performance shall not be granted if damage is adequate remedy equally applies to the grant of injunction. 

 The plaintiff must come with clean hands and must show that his acts were fair and equitable court refuses injunction if he does not show clean hands. The court will not grant an injunction to a plaintiff unless he has a personal interest in the subject matter of suit personal interest.  Equity provides equitable relief by way of injunction in the nature of preventive or mandatory relief. It may be temporary or permanent.

         

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