Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Commissioner after compartative analysis of merits, appointed respondent as Lambardar - Appointment challanged on one of the ground of unauthorised occupation of panchayat land - Report of BDPO to DC mentioning 51 persons including respondent in unauthorised occupation - No proof of further action on..........
Constitution of India, 1950, Article 226, 2430 -- Punjab State Election Commission Act, 1994, Section 89(1)(d)(iv) - Punjab Panchayat Election Rules, 1994, Rule 31 - Representation of the People Act, 1950, Section 100 - Writ jurisdiction - Election dispute - Writ petition held not maintainable...........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 3 -- Rape and murder - Minor girl - Accused following victim who was on her way to agricultural field in morning and founding her alone, dragged her to some distance and committed rape and murdered her by strangulation - Mother finding that her daughter did not return home after long time, herself going..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Further investigation - Quashing of Investigation & CBI investigation - FIR registered by Punjab Vigilance Bureau into the entire scandal of recruitment of 909 Panchayat Secretaries and investigation conducted by it and a report u/S.173(2) Cr.P.C. also submitted to the competent Court - Prayer for quashing of..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Further investigation - Quashing of Investigation & CBI investigation - FIR registered by Punjab Vigilance Bureau into the entire scandal of recruitment of 909 Panchayat Secretaries and investigation conducted by it and a report u/S.173(2) Cr.P.C. also submitted to the competent Court - Prayer for quashing of..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Conviction by trial Court on the basis of extra judicial confession - High Court set aside conviction on ground that PW1 and PW2 were strangers and there was no reason for accused to make extra judicial confession before them - Extra judicial confession is admissible if it inspires confidence and made voluntarily -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Prior to one month of incident victim was sent back to her parents house after giving some beating and instructions to bring the demanded items - Evidence of father of deceased that Panchayat was held in respect of demands made by accused - Demand of dowry continued by the accused persons, otherwise there was no reason..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11, Limitation Act, 1963, Article 136 -- Ejectment from unauthorised possession - Limitation for execution of order - Ejectment order passed against respondents in 1971 - Order not challenged, attained finality - Execution filed, warrants of possession issued - Respondents filed civil suit - Status Quo ordered..........
Constitution of India, 1950, Article 226, 227 -- Misuse of process of law - Ejectment ordered from unauthorised occupation of Shamlat land - Execuction of the order kept in abeyance due to orders passed by different Forums by virtue of Forum hunting made by the respondents - Forums are not meant to be used or abused but are meant only to get the right, rightfully claimable..........
Constitution of India, 1950, Article 226, 227, Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Respondents in unauthorised occupation of Shamlat land - Ejectment ordered - Question of title decided by the High Court - Land held to be 'Charand' falling within the definition of Shamlat Deh - Warrant of possession issued - Commissioner in appeal directed..........
