Indian Penal Code, 1860, Section 302, 307, 366, 34 -- Murder - Common intention - Accused `G' fired at deceased - Other accused also fired at deceased - However, no material on record that deceased died on account of any firing by accused `H' - Presence of accused `H' beholding a gun along with main culprit is proved but prosecution failed to establish that accused `H'..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Legally wedded wife - Custom of a woman getting married by wearing churis (bangles), though not legal, is common in Chhattisgarh - These women are treated as wives in society and there is no reason why they should not be treated as wives while dealing with petitions u/s 125 Cr.P.C...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(a) -- Shamlat deh - Vacant land in abadi deh or gorah deh of village not owned by any person would fall under ambit of S.4(a) of Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 4(a) -- Shamlat deh - Land situated within abadi deh or gorah deh of village and is not proved to be under ownership of any private individual would fall in ambit of Shamlat Deh and shall vest in Gram Panchayat who is true owner and no injunction can be granted against true owner - Even if, some proceeding were..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Plaintiff is descendant from one of branches of common ancestor while respondents are alienees of property from members of other branch of same common ancestor - Not a case where there is no cause of action for plaintiff to seek partition - Order rejecting plaint set..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Trial Court would adjudicate factum of alleged unauthorized possession of plaintiff over suit land with reference to evidence which may be produced by parties on record, but at this stage, any person from village can espouse cause on behalf of himself as well as on behalf of village community to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Any person/inhabitant of village is competent to file petition for ejectment against unauthorized occupant of Panchayat property...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Gram Panchayat has already been impleaded as party defendant in suit, therefore impleading of other inhabitants of village along with Gram Panchayat, would not change cause of action of plaintiff in any more - Petition dismissed...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Jumla Mushtarka Malkan - Petitioner was recorded Chakotadurs after having got land in auction from Gram Panchayat - Land being Mushtarka Malkan could not have been subject of proceedings which pertain to power of Gram Panchayat to move an appropriate authority to retrieve shamlat land from unauthorised..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Jumla Mushtarka Malkan - Proceedings u/S.7 were not maintainable as land concededly was not Shamlat deh...........
