Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B, Land Acquisition Act, 1894, Section 34 -- Shamlat land - Acquisition - Petitioner joint owner of acquired land described as Mushtarka Malkan in the revenue record - Compensation not given to the land owners on the plea that Gram Panchayat was the owner as per entry in Jamabandi for the year 2003-04 - Entry..........
Punjab Panchayati Raj Act, 1994, Section 3(3)(ii)(b) -- Creation of new Panchayat out of existing Gram Panchayat - Apportionment of property of Gram Panchayat amongst two Panchayats - Appropriate authority distributed assets and liability of existing Gram Panchayat and newly created Gram Panchayat in ratio 77:23 taking criteria of population into consideration - Held,..........
Punjab State Election Commission Act, 1994, Section 11, Punjab Panchayati Raj Act, 1994, Section 208(1)(k) -- Panch - Election of Panch set aside on ground that Panch was in unauthorised possession of land of Panchayat and, therefore, he was disqualified to contest election, u/s 208(1)(k) of Panchayati Raj Act - Order of Election Tribunal set aside - Held, no doubt the..........
Punjab Panchayati Raj Act, 1994, Section 208, Punjab State Election Commission Act, 1994, Section 11 -- Gram Panchayat election - Disqualification of a member to contest an election of a Gram Panchayat or of Block Samiti - Member defaulter of a cooperative society - This is no ground to disqualify the member in terms of Section 208 of Punjab Panchayat Raj Act or Section 11..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of prosecutrix - Evidentiary value of Pariwar Register - Gram Panchayat Officer not verifying entries made in the register available with him - Entries in said register not proved - Manner of preparation of Pariwar Register raises doubt about its authenticity and genuineness - Held, Pariwar Register not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- Civil suit for possession and recovery of rent - Plea of tenant that matter is triable under Haryana Rent Act and jurisdiction of civil court is barred - On the date of filing of suit, premises did not fall in municipal area and was under Gram Panchayat - Even a new building is exempted from Rent Act..........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition filed by husband on twin grounds of desertion and cruelty - Parties after marriage lived together only for about a week - Wife joined company of husband about six months thereafter but stayed only for five days - Wife involved family members of husband in criminal and civil cases, though in most of the cases, she..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Panchayat President - Quashing of complaint sought by President and Vice President of Panchayat - Held, Panchayat Board is a local authority and not a `company' - Not amenable to prosecution for offence u/s 138 of the Act - Proceedings quashed...........
Punjab State Election Commission Act, 1994, Section 76, Punjab Panchayati Raj Act, 1994, Section 20, 208(1)(o) -- Sarpanch - Election - A candidate who was earlier Sarpanch did not file no objection certificate from Block Development and Panchayat Officer with nomination papers - This is disqualification - However no such disqualification is mentioned in S.11 of Punjab..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(1)(g) -- Village pond - Unauthorized possession - Gram Panchayat sought ejectment of unauthorized occupant of village pond - Unauthorized occupant taking plea that they are in possession for the last 50 years and their forefathers have constructed house thereover - Also the plea of unauthorized occupant that..........
