Punjab Village Common Lands (Regulation) Act, 1961, Section 2(1)(g), 4, 13 -- Shamlat land - Jurisdiction of civil court - Plaintiff filed suit for declaration claiming ownership of suit land as Proprietor of Jumla Mustarka Malkan Arazi Hasab Rasad Rakba Khewat of village - Defendant Gram Panchayat claimed land as Shamlat deh - Determination of question of title involved -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Granted by Panchayat as per custom in the locality and the community to which parties belong - Not a ground to grant decree of divorce u/s 13 of the Act - Filing of divorce petition itself shows that none of the parties was of the view that divorce granted by Panchayat was legal - Dismissal of divorce petition, upheld...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c), 6 -- Agricultural parole - Request declined by competent authority on the ground that he has committed murder of two children of his real brother-in-law and hence, there is possibility of committing heinous crime if released on parole - Petitioner already completed about 11 years of confinement..........
Punjab Panchayati Raj Act, 1994, Section 13, 12 -- Panchayat elections - One post reserved for woman candidate - In case two women candidates secure more motes than male candidates - Held, in case one seat is reserved for women candidate and two women candidate get more votes than male candidates then both of them should be declared elected...........
Punjab Panchayati Raj Act, 1994, Section 208(1)(j)(k), Punjab State Election Commission Act, 1994, Section 11 -- Disqualification of lady Panch on the allegations that her husband is in unauthorized possession of Panchayat land - Held, election cannot be challenged if husband is found in unauthorized possession of Panchayat land - Provision of S.208 of Punjab Panchayati..........
Wakf Act, 1954, Section 5(2) -- Wakf Board filed suit for declaration of title on the basis of notification declaring suit property as Wakf property - Revenue record depicted suit property to be owned by Gram Panchayat and subsequently owned by defendant and in possession of Makbooja Malkan initially - No evidence of creation of Wakf relating to suit property by dedication..........
Wakf Act, 1954, Section 5(2) -- Notification declaring the property as Wakf property - Notification is not binding on Nagar Panchayat which is a third party...........
Punjab Panchayati Raj Act, 1994, Section 208, Representation of the Peoples Act, 1951, Section 8, Constitution of India, 1950, Article 243F -- Convict under NDPS Act - Not eligible to contest election of Panchayat - Petitioner elected Panch of Gram Panchayat despite the fact that he was convicted and sentenced under NDPS Act - Conviction under NDPS Act, though not a..........
Service Law -- Regularization of appointments made on Adhoc basis - Respondents appointed on daily wages by Zila Panchayat - They continued as daily wages for more than 15 years without the protection of any order of court or Tribunal - Held, they are covered by the exception appended to the proposition of law as laid down in Uma Devi's case - Direction issued to Zila..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Delay of four months in lodging FIR - During all this period village Panchayat had been making efforts for settlement but without result - Delay satisfactorily explained - Delay in lodging FIR in sexual offences has to be considered with a different yardstick...........
