Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(4a) - - Eviction - Shamlat deh - Held, shamilat deh to include land described as shamilat deh or charand but excludes land within abadi deh - S.2(g)(4), however, provides that if land within abadi deh is used or reserved for benefit of village community including streets, lanes, play grounds, schools, drinking..........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(4a) - - Eviction - Validity - Shamlat deh - Petitioner's plea that as he tethers cattle, parks vehicles, has placed bricks etc. land is not vacant - Held, these mere incidents of user that do not ripen into an indefeasible right of possession or ownership - Petitioner cannot, on basis of user, assert that land..........
Indian Penal Code, 1860, Section 148, 302, 149 -- Delay in lodging FIR - Delay in lodging FIR indicating that it was prepared after due deliberations and consultations - Time of occurrence as stated by PW's not in consonance with medical evidence - Presence of PW4 an eye witness at spot highly doubtful - Place of occurrence not established - Place from where the occurrence..........
Indian Penal Code, 1860, Section 302, 307, 323, 148, 149 -- Murder - Unlawful assembly - Common object - Appeal against Conviction - Accused acquitted - None of the injured or eye witness except PW1 named the accused in their respective statements before police but improved their version during trial by implicating him - Contradiction in material particulars which..........
Criminal Procedure Code, 1973, Section 154(1) -- Registration of second FIR - Bar as to - Principle of `sameness' - Applicability - Both complaints referred to highly provocative speech delivered by accused which was derogatory to one religion - Both complaints had common purpose and design and relate to same event - Held, principles of `sameness' is attracted - Second FIR..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Industrial dispute - Held, civil Court may have a limited jurisdiction in service matters but it cannot be said to have no jurisdiction at all to entertain a suit - It is trite law that where right is claimed by plaintiff in terms of common law or under a statute other than one which is created a new..........
Hindu Succession Act, 1956, Section 6 -- Coparcenary property - Interpretation of - Coparcenary property means property which consists of ancestral property and coparcener would mean person who shares equally with others in inheritance in the estate of common ancestor - Property in the hands of sole coparcenor allotted to him in partition shall be his separate property for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5A -- Ejectment - Quasi-judicial proceedings - Held, when passing quasi-judicial orders, affecting valuable rights of parties, it is incumbent for quasi-judicial authorities to apply their minds to facts of case - Authorities are to look into evidence, issues that are framed and thereafter, form an opinion...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5A -- Ejectment - Specific plea taken by petitioners that they were owners in possession of shamilat deh land as per their share - Ample evidence led in this regard - However, neither Collector nor appellate authority discussed evidence produced by them - Order passed, presuming Gram Panchayat as owner and that..........
Indian Penal Code, 1860, Section 302, 325, 506, 34 -- Murder - Common intention - Proof - In course of altercation appellant No.2 does appear to have hurled a stone towards deceased which hit and injured him but there is nothing to show that injury was by itself sufficient to cause death in ordinary course - No pre-concert between appellant No.1 and appellant No.2 to kill..........
