Criminal Procedure Code, 1973, Section 125, 128 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 147) - Enforcement of order passed u/s 125 Cr.P.C (S.144 BNSS) - Gram Nyayalaya has jurisdiction to try and decide applications and cases relating to maintenance under chapter IX Cr.P.C (Chapter X BNSS) - Nyayadhikari of Gram Nyayalaya, directed to decide pending execution..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Area on which the suit shop room situates is under the panchayat area - Although defendant claims that suit premises is governed by provision of West Bengal Premises Tenancy Act by extended notification issued by State Government but no such notification was filed before the Court - However, plaintiff filed..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Application u/s 3 of the Act - Jurisdiction of Gram Nyayalaya - Gram Nyayalaya does not possess the jurisdiction to deal with an application u/s 3 of the Act in view of Ss.11, 12 of Gram Nyayalaya Act - Application be returned to petitioner to be presented before proper forum in a time bound manner in..........
Revenue record -- Revenue records (Jama Bandis) are only entries for the purpose of realising tax by municipal Corporations or land revenue by Gram Sabhas - It does not confer title...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- Eviction - Unauthorized occupation - Petitioners are in unauthorized occupation of Gram Panchayat land reserved for purpose of school playground - Unauthorized occupation and possession of land which is reserved for school playground cannot be directed to be legalized on payment of market price - There is..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Haryana Panchayati Raj Act, 1994, Section 7(4), Haryana Municipalities Act, 1973, Section 2A -- Demarcation of Sabha area - Transfer of land to municipal bodies - Effect of - Act of 1994 contemplates vesting of property of Gram Panchayat with Municipality - Whereas Municipal Act takes into its ambit properties vesting with Panchayat - Therefore, if whole or part of..........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Misappropriation of money - Quashing of charges - Allegation that amount of Rs.2,85,600 was withdrawn under joint signatures of petitioner and co-accused - Money was handed over to Ex Gram Pradhan by co-accused - Case of petitioner is at better footing than co-accused..........
Easements Act, 1882, Section 13 -- Easement of necessity - Right of pathway - Path in question not depicted in revenue record nor same find mentioned in any settlement of revenue record - Only evidence which plaintiffs are leading to the effect that this path was being made Pucca by Gram Panchayat funds - However, Secretary of Gram Panchayat cannot say about khasra number..........
Criminal Procedure Code, 1973, Section 197, Water (Prevention and Control of Pollution) Act, 1974, Section 43, 44, 47, 48 -- Public servant - Sanction for prosecution - Offence u/ss 43, 44 of Water Act - Accused was Chief Officer of Gram Panchayat at the relevant time - He cannot strictly be called Head of Department of Government - Matter would come directly u/s 47 and..........
