Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- (As applicable to Haryana) - Thola land mutated in the name of Gram Panchayat after consolidation - Suit challenging mutation in the name of Gram Panchayat - Dispute raised after 36 years - Mutation should have been challenged at the time of sanctioning - Petitioners held to be encroachers - Question of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15 -- Criminal Procedure Code, 1973, Section 313 - Search and seizure -Conscious possession - Presumption - Recovery of 23 bags of poppy husk from a truck and the appellant was on the steering of the truck - Two persons were allegedly sitting on the bags, one ran away from the spot after seeing the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iv), 13A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23 -- Vesting of land in Gram Panchayat or proprietors - Jurisdiction of Director Consolidation - Land recored as 'Burd Baramadi' i.e. subject to river action - Gram Panchayat claiming title over land on the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iv), 7, 13A -- 'Burd Baramadgi' Land subject to river action - Exclusion from purview of Shamlat Deh - Ejectment petition filed by Gram Panchayat - Question of title raised - Land claimed to be Burd Baramadi - Specific issue framed 'whether the land in dispute is Shamlat Deh on account of river action' ? - No..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - an instrument to update the revenue record - Does not confer or extinguishes any right, title or interest of a person...........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation -Sanctioned as per registered Will - Civil Suit challenging Will - Genuinessness of Will to be adjudicated finally by the Civil Courts - Mutation not confer or extinguishes any right, title or interest of a person - Entry in revenue record will be carried out as per the final decision of the Civil Court - No infirmity..........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchasers for value & consideration - Sale deed executed on the basis of power of attorney - Executant of power of attorney died long before the date of execution of alleged attorney and sale deed - Power of attorney and sale deed forged & fabricated - Vendor had no right, title and interest in suit land - Plea of..........
Specific Relief Act, 1963 -- Simpliciter suit for declaration - Maintainability - Plaintiff in possession - Suit for declaration challenging mutation in favour of defendant - No consequential relief claimed - Suit maintainable - Plaintiff in possession can only seek declaration in respect of the title...........
Co-sharer -- Sale by one of the co sharer in violation of injunction order - Plaintiff purchased land from one co sharer - Appellant purchasing some land from another co sharer - Sale deed executed by co sharer after interim injunction order - Appellant not claiming any right through the vendor of plaintifff - Title of the plaintiff not affected by sale of land in favour..........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 420, 467, 471 -- Hire purchase agreement - Non payment of instalments - Car seized - Release of case on superdari - Held, pending adjudication of the rival claims with regard to title of vehicle in question, superdari be given to one who is mentioned in the certificate of registration as the..........
