Case Details

Citation(s)
1959 SLG 4225 = 1959 SLD 4225 = 1959 PLD 32
West Pakistan
Revision Side No. 74 of 1955-56, decided on 26th January 1957. District Rahimyar Khan.  
Presented By: H. A. Majid

RAHMAT ALI-Petitioner  

VERSUS

  THE STATE-Respondent

Law:

Section:

  Tawan---   Unauthorised irrigation---No direct evidence that mirror was cut and field irrigated---Penalty not justified---Reasonable way of assigning responsibility should be adopted.   ORDER   I cannot understand what evidence the Irrigation Branch has acted upon in order to decide that the petitioner effected a cut in the bank of the minor. He is alleged to have cut the bank during the night and passed all the water that he could manage through the watercourse in order to reach his own fields. There is no evidence directly stating that he was seen doing so. There is no evidence that his area, which had received irrigation, was larger than what it should have been.   There is no doubt that a cut for a breach might have occurred and might have…
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