Indian penal Code, 1860, Section 420, 406 -- Sale of plot which was already sold - Purchaser of plot further selling it without being aware of previous transfer - There was no intention to cheat on the part of purchaser as he was not aware that plot of land which he had purchased was subject matter of previous transfer - Element to cheat missing - Proceedings quashed...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 13 -- Land reserved as `charand' for grazing cattle at the time of consolidation of holdings in the village - It vests in the village Gram Panchayat u/s 2(g)(1) of the act - Contention that only proprietors of land are entitled to graze cattle and not non proprietors, not tenable...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Shamlat Deh - Gram Panchayat moved application u/s 7 of the Act - Assistant Collector seeking eviction of petitioners on the ground that they are unauthorized occupants - Petitioners denied that land was shamlat deh, but taking plea that they are the owners of the same - Assistant Collector converted..........
Indian Penal Code, 1860, Section 307, 324, 100 -- Assault - Accused armed with gandasa, ballan and stick attacked victims for cutting crops - No evidence to establish that crops were sown on the disputed land by accused - Defence plea that accused were in cultivating possession of land in dispute not probable - There was no occasion for accused to exercise right of private..........
Haryana Canal and Drainage Act, 1974 -- Scheme sanctioned for excavation of water course by the side of land of petitioner involving excavation of 54 karams of land - Petitioner filed objection suggesting water course at some other place involving excavation of 200 karams of land - Held, objection of petitioner not sustainable especially when canal authorities have..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Eviction of tenant sought on the ground that tenanted premises had become unfit and unsafe for human habitation - Tenant contended that vacant plot was let out to him whereover he raised residential building about 30 years back - Thus, tenant took plea that vacant plot does not fall within the definition..........
Land Acquisition Act, 1894, Section 18, 30 -- Land acquired by the State Govt. through HUDA - Dispute arose relating to apportionment compensation of acquired land - Held, if any dispute arises with regard to apportionment of the compensation including the question of title between the person interested, not only the court under the Act has the jurisdiction to decide such..........
Land Acquisition Act, 1894, Section 18, 30 -- Plaintiff sought permanent injunction against the defendants not to receive the compensation of the acquired land in dispute, which is to be paid by the Collector - Held, no injunction can be granted to restrain the defendant from instituting or prosecuting their statutory proceedings as it would amount to restraining the..........
Punjab Land Revenue Act, 1987, Section 158(2) -- Arrears of Haryana Rural Development Fund - Suit filed to challenge the assessment - Held, jurisdiction of civil court is barred in the case of suit instituted by the defaulter and not by the stranger or third person - A third person challenging liability to pay the amount, then jurisdiction of civil court is not barred...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Declaration suit - Second appeal - According to plaintiffs they had been in continuous peaceful possession of disputed land - Some area of disputed land has been wrongly recorded in the name of defendants - Taking undue advantage of the said erroneous entry, defendants started claiming their..........
