e-Nyaya Sarathi

The High Court.

Automatic appeal to the High Court.

Yes, up to the Supreme Court and mercy petition.

Jail for the entire natural life, unless remitted.

No, it means whole life unless the government reduces it.

Yes, in certain cases.

Yes, by filing a habeas corpus petition.

A court order to produce a detained person before the court.

The right of a person to approach the court.

Yes, in some cases with court permission.

An offence that can be settled between parties.

An offence that cannot be settled privately.

Yes, in certain situations.

An appeal if anticipatory bail is rejected.

Yes, if they find it improper.

An appeal from decisions of special courts (like CBI courts).

Yes, like any other criminal case.

Justice focusing on repairing harm to victims.

Yes, through compensation and participation rights.

Yes, with court permission.

A request by the accused for a lighter punishment.

The judge, within the limits of the law.

Yes, they must.

Punishments run together.

Punishments run one after another.

Yes, if the law provides.

A statutory right given to parties.

Yes, they may be exempted.

Yes, in rare cases.

Yes, if it involves justice.

Hanging in India, as per procedure.

Yes, if a mercy petition or appeal is pending.

Yes, if conditions are violated.

A government scheme reducing sentences.

Yes, in court.

Revenue laws are laws dealing with the assessment, collection, and administration of land revenue and related land records. They define the rights and liabilities of landholders, tenants, and the Government.

Land revenue is the tax levied by the Government on agricultural land, collected annually from land owners or cultivators.

The Deputy Commissioner or District Collector is the head of Revenue administration of a District.

Partition in Revenue Law is the division of joint landholding among co-owners, carried out by the revenue authorities.

The hierarchy of Revenue Courts/Revenue officers in Jammu and Kashmir is: 1. Financial Commissioner 2. The Divisional Commissioner 3. The Collector 4. The Assistant Collector of the 1st class 5. The Assistant Collector of the 2nd class.

The Collector hears appeals of the Assistant Collector 1st Class and Assistant Collector 2nd Class.

The Divisional Commissioner hears appeals against the order of the Collector.

The Financial Commissioner hears appeals against the order of the Divisional Commissioner.

Yes, there is a limitation period for filing appeals, revisions, and reviews in the Revenue Court: 1. 60 days in cases where the appeal lies to the Collector or an Assistant Collector 1st Class. 2. 90 days in cases where the appeal lies to the Financial Commissioner or Divisional Commissioner.

Standing Order No. 22 in Jammu and Kashmir pertains to the maintenance of land records and the conduct of Girdawari (Crop Inspection). It specifically emphasizes the accurate and transparent preparation of Khasra Girdawari and outlines procedures for Revenue officers and officials, ensuring proper field verification and reporting of information.

S. 432 refers to a provision within the Jammu and Kashmir Land Revenue Rules related to the temporary occupation of land, often by refugees or displaced persons after the partition. It designated individuals as "tenants-at-will," allowing them to cultivate land but without conferring ownership rights.

Tenancy-at-will is a property tenancy where either the tenant or the owner (landlord) may terminate it at any time. This operates without a contract or lease and does not typically define either the length of the tenant's term or the payment exchange.

LB-6 refers to "Lagan Billa 6." It refers to those parcels which were transferred in ownership to tillers by virtue of land reform laws, such as the J&K Big Landed Estates Abolition Act 1950 and the Jammu and Kashmir Agrarian Reforms Act 1976.

The primary purpose of LB-6 was to transfer land to the tiller. The State expropriated land beyond certain ceilings from big landlords and gave them to those who actually cultivated it. LB-6 land denotes land parcels whose title has been conferred upon tillers, making them lawful owners.

To become an owner under LB-6, cultivators must have been in continuous possession and cultivation of land at the time of reform implementation. Additionally, they must have been paying rent to landlords and been recognized as lawful tenants.

A "tenant at will" refers to a person who holds land with the permission of the owner, but without a fixed-term lease, and whose tenancy can be terminated at any time.

Territorial Jurisdiction refers to the geographical area within which a court or authority can legally exercise its power to hear and decide a case.

Pecuniary Jurisdiction refers to the monetary limit up to which a court can hear a case, based on the value of the claim or property involved.

Subject Matter Jurisdiction refers to the legal authority of a court to hear a particular type or category of case, based on the nature of the dispute.

The hierarchy of Civil Courts in India, from lowest to highest, is typically: Civil Judge Junior Division, Civil Judge Senior Division, District Judge, High Court, and finally, the Supreme Court.

Standing Order 23-A describes the formal process that revenue officers (like Tehsildar’s) must follow when attesting mutations. They are legally obligated to conduct site inspections and hearings in the presence of all parties involved and local community members. This order ensures transparency, fairness, and legality in the mutation process, thereby preserving the integrity of land records and preventing misuse.

Order No LB 17-C of 1958 deals with the allotment of available evacuee and state lands for cultivation. This allotment is to be done in a rational and equitable manner among landless agricultural laborers and petty landholders.

Haili land refers to irrigated agricultural land where water for cultivation is supplied through canals, streams (kuls), lift irrigation, or wells. This type of irrigation is specifically achieved through human efforts.

Aabi land refers to irrigated agricultural land that regularly receives water for cultivation, either naturally or through an irrigation system.

Khushki land means unirrigated agricultural land that depends entirely on rainfall for cultivation, with no regular canal, well, or stream for irrigation.

Banjar Qadeem land is land that has remained uncultivated for more than four consecutive years.

Banjar Jadeed land is land that was cultivated earlier but has remained uncultivated for less than four years.

Gaih Mumkin refers to land that cannot be used for agriculture due to its inherent nature or permanent physical conditions.

In Jammu and Kashmir, an application for the attestation of mutation can be filed in the office of Tehsildar/Naib Tehsildar, as they are the mutation officers under the J&K Land Revenue Act.

The Tehsildar concerned mostly attests the mutation. However, the Naib Tehsildar can also attest mutations in certain villages/areas if delegated by the Collector.

The process after filing an application for the attestation of mutations involves: 1. Entry in mutation register by the concerned Patwari Halqa. 2. Fixing a date for mutation attestation. 3. Public announcement in the village to invite objections. 4. Hearing of parties and checking of documents. 5. Attestation order by Tehsildar/Naib Tehsildar. 6. Incorporation in Jamabandi for the next settlement.

A record of rights is a document maintained by the revenue department that contains details relating to ownership, cultivation, type of land, nature of rights, tenancy rights, and land revenue. It serves as legal proof of rights.

Girdawri is a seasonal crop inspection record conducted twice in a year in rabi and kharif season and same is prepared by the revenue authorities to enter in the revenue record ,the type of crops sown, land use and possession details for all agricultural seasons.

Lattha is a large-scale map of a village, drawn on cloth-backed paper, prepared by the Revenue Department. It shows the boundaries and details of every land parcel and is an important part of settlement records, particularly for resolving disputes about exact boundaries between landholders.

Tateema is an additional map prepared to show changes to an existing village map. It specifically details sub-divisions of Khasra numbers, newly carved plots, and boundary corrections. It is prepared when property is sold or transferred by inheritance, and instead of redrawing the entire village map, new steps of measurement are drawn on the Tateema itself.

Aks Shajra means the certified copy of the Village Map (Lattha) which shows the exact location and boundaries of a particular piece of land. It is a smaller, specific map focusing on a portion of the land, rather than the entire village.

Mist. Haqeeqat refers to a revenue record prepared during settlement operations. It contains detailed written information about the land of a village, collected during settlement. This includes the village name, boundaries and description, type of land (e.g., Agricultural, Haiti, Miani, Aabi, Aabi Awal , Aabi Douyam, Banjar), ownership details, sources of irrigation, grown crops, history of land changes, and public and private rights over common land.

Deh in revenue language refers to a village. It encompasses the entire land area belonging to it on paper, including agricultural land, residential areas (Abadi), common lands, and government land, along with its defined boundaries.

Khasra No. is a unique plot number assigned to a specific piece of land within a village. This number remains the same unless the land is subdivided through means like sale or gift, in which case sub-numbers are created.

Khewat No. is the serial number of a set of landholdings that belong to one or more owners in a village. Each revenue village is divided into Khewats, and a Khewat can contain multiple Khasra numbers. The Khewat is recorded in the Jamabandi and Record of Rights.

Khata No. is maintained in the Khatauni register and represents the account number of the cultivator/tenant who actually possesses or cultivates the land. The difference between Khewat No. and Khata No. lies in the distinction between land ownership (Khewat) and land possession/cultivation (Khata).

Khatauni is the register of cultivator's holdings in a village. It lists the plots that each cultivator actually possesses or tills, and is primarily related to who is actually farming the land.

Arrear of land revenue means land revenue which remains unpaid after the date on which it becomes payable.

A defaulter is a person liable for an arrear of land revenue, and includes a person who is responsible as surety for the payment of arrears.

The Deputy Commissioner of the District shall cause to be prepared a pass book for every land holder in his District containing a record of rights, agriculture holding, transfer of rights, ration card, subsidies, liabilities, etc., in the revenue estate to enable the land holder to make use of it for credit facilities and for other matters connected therewith.

A partition application can be filed by any co-sharer in the office of Tehsildar (or Naib Tehsildar if empowered) who acts as the Assistant Collector of 1st class under the Jammu and Kashmir Land Revenue Act Svt 1996.

Section 133 of the Land Revenue Act deals with the prevention of encroachment on common land. The Revenue Officer not below the rank of Assistant Collector of the first class or the officer in charge of the Settlement may, on the application of any co-sharer, eject the encroaching co-sharer from the land.

A Fard Bader is the official corrected version of an earlier certified land record. It replaces the old "Khasra Girdawari" version in the Revenue Record.

An order of rectification/Fard Bader is issued when there is a clerical or factual error in the land record, or if a mutation was wrongly attested, or if there is an order from a higher Revenue Officer correcting facts about ownership or cultivation.

The Fard Bader is prepared by the concerned Patwari under the supervision of girdawar and attested by the Tehsildar/Naib Tehsildar.

Girdawari is a seasonal crop inspection conducted twice a year (Rabi Crop and Kharif Crop) and is prepared by the Revenue Authorities.

Jambandi is a particular form of record related to land which is updated annually or periodically, usually it is updated once in a year after the rabi crop and sometimes if any major settlement operation is conducted by the revenue authorities, then a fresh jamabandi may be prepared for a longer term. It serves as legal evidence of changes in land rights, ownership, and other transfers.

The Patwari updates the Jambandi annually, usually once a year during the "Rabi Crop" or during major settlement operations. A fresh Jambandi can be prepared for a longer period, but annual updating is mandatory.

Agricultural land refers to land used or capable of being used for agricultural activities, including fallow land.

Fallow land is agricultural land that is not sown with crops during a season either intentionally or due to other reasons.

A Caveat is an application which can be filed in the civil courts, revenue courts, High court and Supreme court in civil matters by any person to ensure that no ex parte order shall be passed without hearing the caveator, In case some person files an application or civil suit against the caveator.

A Caveat is valid for ninety days from the date of filing.

The purpose of Girdawari is to record the type of crops sown, land use, and possession details for all agricultural seasons. It's also used for assessing land revenue and for proving possession in cases of dispute, possession, or damage assessment.

The concerned Patwari inspects the fields and writes the entries in the Khasra Girdawari register under the supervision of the Girdawar and attested by the Tehsildar/Naib Tehsildar.

Mutation refers to the official change in land records to reflect a change in ownership or other rights, based on a registered deed or other title document.

A court appoints a commission to conduct local investigations, record evidence of witnesses, examine accounts, perform ministerial acts, and make any local inquiry or report.

Lok Adalat is a people's court, an alternative dispute resolution forum that promotes conciliation and compromise. It facilitates settlement of cases through mediation and conciliation, and its decisions are binding and final, with no appeal against them.

Mediation is a voluntary and confidential dispute resolution process where a neutral third party facilitates communication and helps the parties reach a mutually acceptable agreement, which is binding only if the parties sign a written agreement.

Arbitration is a method of resolving disputes outside the court system, where parties agree to submit their dispute to a panel of arbitrators who hears both the parties and then make a binding decision known as the arbitral award whose decision is binding and the arbitral award has the same effect as a court decree.

Conciliation is a dispute resolution process where a neutral third party helps the parties communicate, identify issues, and explore options to reach a mutually acceptable solution, but without imposing a binding decision.

The person against whom a caveat is filed is called as caveatee.

A Decree means the adjudication in which the Court conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, and may be either preliminary or final. The definition also states that it shall not include: (a) any adjudication from which an appeal lies as an appeal from an order. (b) any order for dismissal for default.

Judgement means the statement given by the Judge of the grounds of a decree or order.

Mesne profit means those profits which the person in wrongful possession of property actually received, together with the interest on such profits. However, it shall not include profits due to improvements made by the persons in wrongful possession.

The authority to be named as plaintiff or defendant in the case of a suit by or against the government in the case of Central Government (the Union of India) or in the case of State Government (the State).

The suit against the Government can only be filed after the expiration of a two-month notice period.

Compensatory Cost is defined under Section 35A of CPC. It is awarded when a false or vexatious claim/defense is made.

General costs are dealt with under Section 35 of CPC. These costs are given at the discretion of the court to the winning party.

Examples of Miscellaneous Costs include court fees, witness expenses, and advocate fees for document preparation.

Section 152 of CPC deals with the correction of clerical or arithmetical mistakes in judgments, decrees, or orders. Any party can apply to the court for correction, and the court can also make corrections suo motu (on its own motion).

The person who files a suit in the court is called the plaintiff.

The person against whom the suit is filed is called the defendant.

The person who files an appeal against a Civil Court order is called the Appellant.

Respondent - The person against whom the appeal is filed is called the Respondent.

A plaint is a document by which a plaintiff formally initiates a civil lawsuit before a court. Its purpose is to state the facts of the case, the relief sought, and the grounds for the court's jurisdiction.

A Written Statement is the formal reply filed by the defendant in response to the plaint in a Civil Suit.

Interim relief refers to the temporary relief granted by the court to a party before the final judgment, in order to protect their rights and prevent injustice during the pendency of the case.

An Ad Interim order is a very short-term temporary order passed by a court before hearing the other side (Ex parte), typically when there is an urgent need to protect someone's rights or property until the next hearing.

A Substantial Question of Law is a legal issue that is important, real, and directly affects the rights of the parties, and is not already well-settled by law.

An Insolvent is a person who is unable to pay their debts when they become due and has been legally declared as such by a competent Court under Insolvency laws.

An indigent person is someone who does not have sufficient financial means to pay the court fees required to file a case.

There are a total of 51 orders in the Civil Procedure Code (CPC).

This statement is true. No appeal shall lie from a decree passed by the court with the consent of parties.

Section 96 of CPC deals with appeal from original decrees. An appeal shall lie from every decree passed by any Court exercising original jurisdiction to a court authorized to hear appeals from the decision of such court.

An appeal from an original decree can be filed when: • The decree is passed ex-parte. • An appeal lies from every decree passed, except where the decree is passed with the consent of the parties. • A decree is passed in a suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject matter of the original suit does not exceed ten thousand rupees, except on a question of law.

A second appeal to the High Court is permissible if the High Court is satisfied that the case involves a substantial question of law. Additionally, an appeal may lie under this section from an appellate decree passed ex parte.

Appeals lies from: 1. An order under Section 95 of the Code of Civil Procedure (CPC). 2. An order under Section 91 of the CPC and an order under Section 92 of the CPC refusing leave to institute a suit of the nature referred to in Section 91 or 92. 3. Any order made under rules from which an appeal is expressly allowed by rules.

Where an appeal from any order is allowed, it shall lie to the court to which an appeal would lie from the decree in the suit in which such order was made. If such order is made by a court (not being a High Court) in its appellate jurisdiction, then the appeal lies to the High Court.

An appeal shall lie to the Supreme Court from any judgment, decree, or final order in a civil proceeding of a High Court, if the High Court certifies: 1. That the case involves a substantial question of law of general importance. 2. That in the opinion of the High Court, the said question needs to be decided by the Supreme Court.

Where the court is satisfied that a case before it involves a question regarding the validity of any act, ordinance, or regulation or any provision contained in an act, ordinance or regulation, the determination of which is necessary for the disposal of the case and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative but has not been declared so by the High Court or Supreme Court, it can state a case with its opinion and reasons, referring it to the High Court for its opinion.

Review, in a legal context, refers to the process where a person aggrieved by a decree or order from which no appeal is allowed by law, or by a decree or order from which an appeal is allowed by the code, but from which no appeal has been preferred, or by a decision on a reference from a Small Cause Court, can apply to the court that passed the decree or made the order for a review of its judgment.

The High court may call for the record of any case decided by a subordinate court from which no appeal lies, if the subordinate court appears to have: Exercised a jurisdiction not vested in it by law. Failed to exercise a jurisdiction so vested. Acted in the exercise of its jurisdiction illegally or with material irregularity.

Upon the application of the decree holder the court which passed the decree may whenever it thinks fit, issue a precept to any other court which would be competent to execute such decree to attach the property belonging to the judgement debtor and specified in the precept the court to which precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree.

Subsistence allowance refers to the monthly allowances payable to a judgment debtor for their sustenance. The State Government is authorized to fix scales for these allowances, which are graduated according to the rank, status, and nationality of the judgment debtor.

No, an order for the detention of a judgment debtor in civil prison in execution of a decree cannot be made if the total amount of the decree does not exceed two thousand rupees.

The period of civil imprisonment in execution of a decree where the decree is for the payment of a sum of money exceeding two thousand rupees but not exceeding five thousand rupees shall not exceed six weeks.

The period of civil imprisonment in execution of a decree where the decree is for the payment of a sum of money exceeding five thousand rupees shall not exceed three months.

An interpleader suit may be instituted where two or more persons claim adversely to one another the same debt, sum of money, or other property, movable or immovable, from another person who claims no interest therein other than for charges or costs, and who is ready to pay or deliver it to the rightful claimant. Such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself.

Supplemental proceedings have been defined under Section 94 of CPC.

A second appeal shall not lie from any decree where the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

The powers of the appellate Court is to determine a case finally, or to remand a case, or to frame issues and refer them for trial, or to take additional evidence, or to require such evidence to be taken.

The powers of the appellate Court have been defined under Section 107 of CPC.

Appeals shall lie to the Supreme Court in Civil matters when: • The High Court certifies that the case involves a substantial question of law of general importance, or • When in the opinion of the High Court the said question needs to be decided by the Supreme Court.

Section 148 of the Civil Procedure Code (CPC) deals with the enlargement of time.

Section 151 of the Civil Procedure Code (CPC) deals with the inherent powers of the Court.

An appeal shall lie to the Supreme Court under Section 109 of the Civil Procedure Code (CPC).

The Civil Procedure Code came into force on the first day of January 1909.

The stages in a Civil Suit are: 1. Presentation of plaint 2. Issue and Service of Summons 3. Appearance of parties 4. Filing of written statement 5. Replication by plaintiff 6. Framing of Issues 7. Evidence Stage (Plaintiff's evidence, Defendant's evidence) 8. Arguments 9. Judgement 10. Decree 11. Appeal (Revision/Review) 12. Execution of Decree.

Order VII of the Civil Procedure Code (CPC) deals with the plaint.

Rule 1 of Order VII of the Civil Procedure Code (CPC) deals with the contents of the plaint.

Rule 11 of Order VII of the Civil Procedure Code (CPC) deals with the rejection of the plaint.

Order I of the Civil Procedure Code (CPC) deals with parties to a suit.

Under Rule 10(2) of Order I of the CPC, the Court may, at any stage of the proceedings, either upon or without application of either party, order that the name of any party improperly joined be struck out, or that whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit be added.

Order II, Rule 2 of the CPC deals with the relinquishment of part of a claim.

Order II of the CPC deals with the frame of a suit.

Order IV of the CPC deals with the institution of a suit.

Order V of the CPC deals with the issue and service of summons.

Substituted service is a method of serving a summons when the court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way. The court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the court-house, and also upon some conspicuous place of the house in which the defendant is known to have last resided or carried on business or personally worked for gain.

Service substituted by the court order shall be as effectual as if it had been made on the defendant personally.

Order VI of CPC deals with pleadings generally.

Pleadings include plaint, written statement, additional pleadings, along with permissible set-off, counterclaim, and sometimes replication.

The court may at any stage of proceedings allow either party to amend or alter their pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

Rule 17 of Order VI deals with amendment of pleadings.

Order VII of CPC deals with plaint.

The plaint shall contain the following particulars: • The name of the court in which the suit is brought. • The name, description, and place of residence of the plaintiff and defendant. • The facts constituting the cause of action and when it arose. • The facts showing that the court has jurisdiction.

The plaint shall be rejected on the following grounds: 1. Where it does not disclose a cause of action. 2. Where the relief claimed is undervalued. 3. Where the suit appears to be barred by law from the statement in the plaint itself. 4. Where it is not filed in duplicate. 5. Where the plaint is not sufficiently stamped.

Order VIII of CPC deals with Written Statement, Set-off and Counter Claim.

The defendant shall, within thirty days from the date of service of summons on him, present a Written Statement of his defense. If the defendant fails to file the Written Statement within this period of thirty days, he shall be allowed to file the Written Statement on such other day as may be specified by the Court for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.

Rule 13 of Order IX deals with setting aside decree ex-parte against defendant.

Order X of CPC deals with examination of parties by the Court.

Order XIV of CPC deals with Settlement of Issues and determination of Issues on which parties are at issue.

Order XIV of the Civil Procedure Code (CPC) deals with framing of issues.

Issues are of two kinds: 1. Issues of Fact 2. Issues of Law.

At the first hearing of the suit, after reading the plaint and the written statement, if any, the Court shall ascertain upon what material proposition of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.

The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit. The Court may also at any time before passing a decree strike out any issues that appear to it to be wrongly framed or introduced.

Order XVI of the Civil Procedure Code (CPC) deals with Summoning and Attendance of Witnesses.

Yes, any party to the suit can bring witnesses without summons to give evidence or produce documents.

Order XVII of the Civil Procedure Code (CPC) deals with Adjournment.

Order XVIII of the CPC deals with the hearing of the suit and examination of witnesses.

Order XXA of the CPC deals with costs.

Order XXI of the CPC deals with the execution of decrees and orders.

Order XXXV of the CPC deals with interpleader suits.

Order 39 of the CPC deals with temporary injunctions and interlocutory orders.

Temporary injunctions may be granted under Rule 1 of Order XXXIX of the CPC.

Where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted.

An interlocutory order is an order passed by a court during the pendency of a suit or proceedings, which does not finally decide the case, but settles some matter related to the procedure or rights of the parties temporarily.

Order XL of the Civil Procedure Code (CPC) deals with the appointment of Receivers.

Order XXXIII of the CPC deals with suits by indigent persons.

Indigent persons are exempted from paying court fees at the time of filing. The court fee is payable only if they later acquire sufficient means or win the case.

Indigent persons are exempted from paying court fees at the time of filing. However, if the indigent person later acquires sufficient means or wins the case, the court fee becomes payable.

Allotment means a grant by the Government or the Custodian (or any other person duly authorized by the Custodian) for the temporary right of use and occupation of any immovable evacuee property to any person, other than by way of lease.

The Custodian General of evacuee property is appointed by the Government in the State of Jammu and Kashmir.

An "unauthorised person" means any person who, after the 14th day of August 1947, has been occupying or managing the property of an evacuee without the approval of the Custodian.

Evacuee property means any property in which an evacuee has any interest. It also includes any property obtained by any person from an evacuee after the 14th day of August 1947 by any mode of transfer, unless such transfer has been confirmed by the Custodian.

The Custodian General and Deputy Custodian General under evacuee law are appointed by the Government through a notification in the Official Gazette. The Government can appoint one or more Deputy Custodians General as needed to carry out the imposed duties.

The Custodian of evacuee property is responsible for: 1. Taking charge of property left behind by evacuees. 2. Managing, protecting, and leasing such property. 3. Maintaining records of evacuee land, houses, shops, orchards, etc. 4. Ensuring no illegal occupation and initiating the eviction of unauthorized occupants.

The Custodian General possesses Quasi-Judicial Powers. They can hear cases, order eviction, and restore possession of property to lawful allottees.

Appeals against the order of the Custodian lie with the Custodian General or the High Court.

The Custodian of evacuee property has the power to cancel any allotment, terminate any lease, or amend the terms of any such lease or agreement on which evacuee property is held or occupied by any person, regardless of whether the allotment, lease, or agreement was granted or entered into before or after the commencement of the relevant act.

Yes, the Custodian or any person duly authorized by him may use such force as is necessary for taking possession of evacuee property if any person in possession of such property refuses or fails on demand to surrender possession.

Any person who fails to comply with a notice or demand by or on behalf of the Custodian to surrender possession of any evacuee property shall be punished with imprisonment of either description for a term which may extend to six months or with fine or with both.

Any person who willfully destroys or causes damage to any evacuee property shall be punished with imprisonment of either description for a term which may extend to three years or with fine or both.

No, evacuee property may not be sold or disposed of in any manner whatsoever without the previous permission of the Government.

No, a Civil Court has no jurisdiction to entertain or adjudicate upon any question whether any property is or is not evacuee property or whether any evacuee has or has not any right or interest in any evacuee property.

The officers who shall exercise administrative and financial powers under the J&K State Evacuee's Administration of Property Rules 2008 are: • Custodian General (Class 1st Officer) • Custodian (Class 2nd Officer) • Addl. Custodian (Class 3rd Officer) • Deputy or Assistant Custodian (Class 4th Officer).

Any sum due to the Government or to the Custodian under this act may be recovered as if it were an arrear of land revenue.

Agrarian reforms mean changing the ownership, control, or use of agricultural land to make farming fairer, more productive, and more beneficial for the farmers who actually work upon the land. It is basically land-related reforms, laws, and policies that transfer land from big landlords who own large areas to protect tenants from exploitation and to improve rural land management, and to give land to small farmers or landless cultivators.

The main objectives of the Agrarian Reform Act are: • Abolition of absentee landlordism. • Transfer of land to tillers. • Fixing ceiling on agricultural land. • Providing security of tenure to cultivators.

The Agrarian Reforms Act was passed in the year 1976.

A person who personally cultivates the land, with or without the help of family members, and does not hold more land than the ceiling limit.

The excess land above the ceiling is Vested In the State free from all encumbrances and is redistributed to landless agricultural labourers or tenants.

A person could retain only 12.5 Standard acres which equals 100 kanals in Jandar's measurement.

Tenants got ownership rights and protection from eviction on the land they were cultivating, except in cases specified under the act.

The Tehsildar/Assistant Collector 1st class is the primary authority for recording, verification, and attestation, and the Collector/Deputy Commissioner handles appeals and exercises a supervisory role.

Section 04 of the Agrarian Reforms Act deals with vesting in the UT of J&K of rights in land not held in personal cultivation. It means that all rights, title, and interest in land of any persons, not cultivating it personally in Kharif 1971, shall be deemed to have ceased, vested, and vested in the UT of J&K free from all encumbrances.

It means that the property or land is completely clear of any legal, financial, or third-party claim that could limit its use, transfer, or ownership.

Section 8 of the Agrarian Reforms Act deals with automatic ownership transfer. It states that if an ex-landlord resumes permissible land under Section 7 of the Act, their heirs automatically gain ownership rights over the remaining land they cultivated, without any payment, as soon as the Landlord takes back their share.

The optimum retainable area of land refers to the maximum extent of land that a person is legally allowed to keep under their personal ownership after the enforcement of Land Reform laws.

The inherent power of the court is defined in Section 151 of the Civil Procedure Code (CPC). This section states that nothing in the CPC limits or affects the inherent powers of the court to make such orders as may be necessary for the ends of justice and to prevent abuse of the process of the Court.

No, Specific relief can only be granted for the purpose of enforcing Individual Civil Rights only.

Under Section 6 of the Specific Relief Act, any person dispossessed without their consent of immovable property otherwise than in due course of law, or any person through whom they have been in possession or any person claiming through them, may recover possession by filing a suit.

No, a suit under Section 6 of the Specific Relief Act cannot be filed against the Government.

Substituted performance of contract occurs when a contract is broken due to non-performance by one party. The party who suffers from this breach has the option to obtain substituted performance through a third party or by their own agency, and then recover the expenses and other costs actually incurred, spent, and suffered from the party committing the breach.

An instrument may be rectified when, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not express their real intention. Either party may institute a suit to have the instrument rectified. The plaintiff may claim in their pleadings that the instrument be rectified. The defendant may, in addition to any other defense open to them, ask for rectification of the instrument. A contract in writing may first be rectified, and then, if the party claiming rectification has so prayed in their pleading, and the court thinks fit, it may be specifically enforced.

Preventive relief is granted at the discretion of the court by way of injunction, which can be either temporary or perpetual.

Temporary injunctions are those that are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of a suit and are regulated by the Code of Civil Procedure.

Perpetual injunctions can only be granted by the decree made at the hearing and upon the merits of the suit. The defendant is thereby perpetually enjoined from the assertion of a right or the commission of an act which would be contrary to the plaintiff's rights.

A mandatory injunction is a court order compelling a party to perform a specific act to prevent the breach of an obligation. It is necessary when the court needs to ensure the performance of certain acts that it is capable of enforcing. The court, using its discretion, grants this injunction to prevent a complained-of breach and to compel the performance of a requisite act.

A contract is an agreement enforceable by law. This means that the law can compel the parties to keep their promises or pay compensation if they break them.

A contract is considered valid if the following requirements have been fulfilled: 1. Offer and acceptance 2. Lawful consideration 3. Lawful object 4. Free consent 5. Competent parties 6. Contract terms must be clear and definite.

A void contract is an agreement that is not enforceable by law and has no legal effect from the very beginning.

A contract becomes void if there is: 1. Unlawful object and consideration 2. Incompetent parties 3. Agreement without consideration 4. Uncertain terms 5. Impossible to perform.

A voidable contract is a contract that is valid and enforceable by law, but one party has the right to cancel it. It is an agreement enforceable by law at the option of one or more of the parties to it, but not at the option of the other or others.

A contract becomes voidable when free consent is lacking due to: • Coercion • Undue influence • Fraud • Misrepresentation • Contract with a minor.

Article 39A of the Constitution of India directs the State to provide free legal aid to ensure that justice is not denied due to economic or other disabilities.

The purpose of the State Legal Services Authority Act is to provide free and competent legal services to the weaker sections of society and to organize Lok Adalats for speedy dispute resolution, ensuring that justice is not denied due to economic or social reasons.

The following classes of individuals are eligible for free legal aid: • Members of SC/ST Communities • Victims of trafficking or beggar • Women and Children • Persons with disability • Victims of mass disaster, ethnic violence, flood, drought, earthquake, industrial disaster • Persons in Custody • Individuals with annual income below the prescribed limit.

NALSA stands for the National Legal Services Authority.

DLSA stands for District Legal Services Authorities.

TLSC stands for Tehsil Legal Services Committee.

NALSA is chaired by the Chief Justice of India, who acts as its patron-in-chief.

The SLSA (State Legal Services Authority) is chaired by the Chief Justice of the High Court of that State/Union Territory, who acts as its patron-in-chief.

Anyone eligible for free legal aid can apply by writing or orally to the nearest Legal Services Authority.

Yes, applications can also be made online through NALSA/SLSA portals.

The Legal Services Authority Act 1987 is important because it provides access to justice for all, offering speedy and inexpensive people-friendly justice.

A sale deed is a legal document that records the transfer of ownership of property from a seller to a buyer in exchange for consideration.

Section 54 of the Transfer of Property Act deals with Sale.

Section 17 of the Registration Act 1908 makes registration of a sale deed compulsory for the transfer of immoveable property worth more than Rupees hundred.

It serves as proof of ownership for the buyer. It also provides legal protection to both parties. Moreover, a sale deed is mandatory for attestation of mutation in the revenue record in the name of the buyer.

An agreement to sell is a promise to transfer property in the future on certain terms, whereas a Sale Deed is the actual transfer of ownership after payment.

Section 122 of the Transfer of Property Act 1882 defines a gift deed. A gift is a voluntary transfer of property, made without consideration, by one person (donor) to another (donee) and accepted by the donee during the lifetime of the donor.

The essentials of a valid gift deed include: • Donor and Donee: The donor must be competent to contract, while the donee can be any person. • Voluntary and Without Consideration: The gift must be given out of free will, without any monetary or material gain in return. • Property: The subject of the gift can be either movable or immovable property. • Acceptance by Donee: The donee must accept the gift during the lifetime of the donor. • Registration: For immovable property, the gift deed must be registered as per Section 123 of the Transfer of Property Act (TPA). • Delivery of Possession: The possession of the gifted property should be delivered to the donee.

Yes, a Hindu can execute a gift deed in favour of any person if it is their self-acquired property. However, if it is ancestral or Hindu Undivided Family (HUF) property, the gift is restricted and cannot be gifted to strangers without the consent of other coparceners.

A will is a legal declaration made by a person about how their property will be distributed after their death. It essentially represents the testator's last wishes regarding their property, which take effect only upon their death.

A will possesses the following characteristics: • It becomes effective only after the death of the testator. • It is revocable during the testator's lifetime. • It does not confer any rights to beneficiaries until the testator's death.

A holograph will is a will that is entirely handwritten by the testator.

Registration of a will deed is optional. However, a registered will deed is considered more authentic.

Muslim can only make a will for up to one-third of their property, and that too without the consent of their heirs. If the property is self-acquired, the testator can will away the entire property.

Yes, Hindus, Christians, and Parsis can will away their entire self-acquired property. In a Joint Family, they can only make a will for the extent of their own share.

A lease is a transfer of a right to enjoy immovable property for a certain time, either expressly or impliedly, in consideration of a price paid or promised (rent/premium) by the lessee to the lessor.

A mortgage is a type of transfer of interest in immovable property made by the borrower to a lender as security for repayment of a loan or performance of an obligation.

In a simple mortgage, the borrower does not deliver possession of the property but personally binds himself to repay the loan. In case of default, the mortgagee can sell the property through a court decree.

Section 17 of the Registration Act deals with compulsory registration of documents.

No document other than a will shall be accepted for registration unless presented for that purpose to the proper office within four months from the date of its execution.

Section 32A of the Registration Act deals with compulsory affixing of photograph and fingerprints.

Section 60 of the Registration Act deals with the Certificate of Registration.

One type of land mentioned is Proprietary Land (Malkiyat), which is land owned by private individuals.

Section 60 of the Registration Act deals with the Certificate of Registration.

There are several types of lands in Jammu and Kashmir, including: 1. Proprietary Land (Malkiyat): Land owned by private individuals. 2. State Land (Sarkari): Property owned by the State and managed by the State Govt. 3. Shamilat: Land held in common by the village community used collectively for purposes like grazing, firewood gathering, etc. 4. Forest Land 5. Barren and uncultivable Land 6. Fallow Land 7. Permanent pastures and Grazing Land 8. Evacuee Land.

Khad refers to the land lying alongside or within the bed of a khad (seasonal watercourse). Khad lands have been recorded in revenue records as State Land, though cultivators sometimes use it informally for grazing and collecting seasonal farming produce.

A “Court” includes all Judges and Magistrates and all persons (except arbitrators) legally authorized to take evidence.

Where one fact is declared as conclusive proof of another, the court must regard the other as proved and cannot allow evidence to disprove it. It is an irrebuttable presumption.

A fact is “disproved” when the Court believes it does not exist or its non-existence is so probable that a prudent person would act on the supposition that it does not exist.

Any matter expressed, described, or recorded on any substance by letters, figures, marks or any other means including electronic and digital records.

Evidence includes statements given before the court by witnesses and documents (including electronic records) produced for inspection.

Anything that can be perceived by the senses, or any mental condition of which a person is conscious.

Any fact from which the existence, nature, or extent of any right, liability, or disability asserted or denied arises in a legal proceeding.

One fact is relevant to another if it is connected and has a bearing on the case.

A fact is proved when, based on the evidence, the court believes it exists or thinks its existence is so probable that a prudent person would act on that supposition.

A fact is not proved when neither proved nor disproved according to the court’s assessment.

Legal assumptions that the Court may or must make unless disproved—either “may presume” (discretion), “shall presume” (mandatory unless disproved), or “conclusive proof” (irrebuttable).

A statement, oral or documentary, which suggests inference about any fact in issue or relevant fact.

An admission made at any time by a person charged with a crime, stating or suggesting their guilt.

This includes all digital formats—emails, messages, server logs, images, audio, video files, blockchain logs—recognized as documentary evidence under BSA.

It refers to the obligation to prove assertions made in a legal proceeding; generally lies upon whoever makes the assertion.

A person with specialized skills, knowledge, or experience, whose opinion is admissible in the court relating to matters requiring expert analysis (such as handwriting, fingerprints, electronic data).

The statements made before the court by witnesses; it includes all spoken submissions relevant to the fact in issue.

The actual document itself produced for inspection by the court; original evidence as opposed to copies.

Evidence of the contents of a document in instances where primary evidence cannot be produced (such as certified copies or oral accounts of contents).

The court may assume a fact exists unless it is disproved, but is not bound to do so.

The court must presume a fact unless disproved—this is a mandatory presumption.

Any physical item produced as evidence during the legal proceeding.

Any person who provides testimony relevant to the case, either oral or documentary.

Keeping documents in the charge of a person legally authorized to hold them or in conditions deemed appropriate by the court.

Any proceeding in or before a court where evidence is taken and issues decided on merits of law.

“Relevancy of facts” refers to which facts a court can legally admit into evidence—those connected to facts in issue or which help prove or disprove issues before the court.

Yes, all facts in issue are considered relevant and admissible as evidence.

Relevant facts include those forming part of the “same transaction,” facts connected causally, facts showing intent, motive, preparation, conduct, previous/future existence, and those impacting credibility.

Facts so connected with the central event (crime or dispute) that they form part of a continuous narrative are relevant under the doctrine of ‘res gestae’.

Facts forming part of the same transaction are admissible, clarifying how events closely connected in time or place may be admitted as relevant.