Punjab Village Common Lands (Regulation) Act, 1961, Section 8(3) -- Allotment of panchayat land - Petitioner seeking allotment of land under Rule 6-A of the Punjab Village Common Lands (Regulation) Haryana Amendment Rules, 2008 read with East Punjab Utilisation of Lands Act, 1949, as per resolution of Gram Panchayat dated 1.9.1963 - Petitioner not in cultivating possession..........
Indian Penal Code, 1860, Section 304 -- Common intention - Accused along with appellants allegedly killed by giving stick and stone blows - Fatal injuries attributed to accused - Incident took place at the spur of moment - Appellants came at the spot per chance causing one injury each to the deceased by pelting stones - Held, appellants cannot be said to have shared common..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 13 -- Shamlat land - Eviction petition by Gram Panchayat u/s 7 of the Act - Challenge as to maintainability of petition - Civil Court decree - Held, Collector in proceedings u/s 7 of the Act is competent to examine the legality and validity of the judgment and decree passed by Civil Court and that it is..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Shamlat Deh - Ejectment - Question of title - Res judicata - Earlier petition u/s 7 filed by Gram Panchayat was dismissed - Gram Panchayat then filed petition u/s 11 of the Act - Gram Panchayat is not estopped from seeking eviction of petitioner u/s 11 of the Act when earlier on petition filed by Gram..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused armed gained entry into the house of deceased and assaulted him - Thereafter accused dragged deceased towards lane and again assaulted him till his death - No evidence of sudden quarrel - Incidence witnessed by wife and daughter of deceased as their presence at the time of occurrence was..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- Appeal against order of eviction and order of imposing penalty - Waiving condition of depositing penalty - Held, there is no indication in the proviso, that jurisdiction of appellate Judge is excluded altogether to waive the penalty and thus, the inherent rights of the appellate Judge to waive the condition..........
Indian Penal Code, 1860, Section 34 -- Common intention - Can be inferred from the circumstances of the case - Intention can be gathered from the circumstances as they arise even during an incident...........
Indian Penal Code, 1860, Section 304, 304A -- Scope - Element of knowledge is common in S.304 and S.304-A IPC - However the extent and ambit of `knowledge' differs in its nature - Element of `knowledge' should not lead to any confusion between the scope of S.304 and 304-A IPC...........
Indian Penal Code, 1860, Section 304, 304A -- Distinction between S.304 & S.304-A IPC - Element of knowledge is common under both the provisions but extent and ambit of such knowledge is different - Knowledge coupled with ignorance of consequences would amount to negligence but act done without knowledge would fall u/s 304-A IPC - Charge u/s 304 quashed - Case remanded for..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased and accused last seen together at mid night by common friend and dead body of deceased found in open space with throat injuries - Accused left city on next day - Blood stained shirt of accused recovered at his instance - Accused failed to offer any explanation for his abscondance and give..........
