Evidence Act, 1872, Section 138 -- Cross examination of co-defendant - Not permissible when there is common plea in written statement - Common plea when result of impersonation or that it was the result of fraud or deception, then Court can allow cross examination of a defendant by co-defendant...........
Securities and Exchange Board of India Act, 1992, Section 30, 11(2)(h) -- SEBI (Substantial Acquisition of Shares and Takeover) Regulations, Regns.27(1)(d) & 10 - Permission to withdraw from public offer - Term "such circumstances" - Held, clause (b) and (c) referred to circumstances which pertain to a class, category or genus, that common thread which runs through them is..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, 2(g) -- Suit for declaration of title to land by Gram Panchayat - Plea of Panchayat that disputed land is `shamlat deh' - Petitioners raising objection by pleading that they are in cultivating possession of land since 1950 - Petitioner also pleaded that mutation entries were made in their favour - Mutation..........
Indian Penal Code, 1860, Section 149 -- Unlawfully assembly - Common object - Proof - Held, commission of an overt act may not always be necessary to prove that a member of an unlawful assembly shared common object of assembly - But then, minimum that prosecution must prove is that persons concerned were members of unlawful assembly...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Jumla Mushtarka Malkan, land - Unauthorized occupants - Petitioners are in possession of land described as, Jumla Mushtarka Malkan, which was included in Shamilat Deh, by S.2(g)(6) of the 1961 Act - Held,..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 - - Exchange of land - Challenge to - Doctrine of estoppel - R.12 of 1964 Rules not complied with - Held, exchange would be void ab initio and principle of estoppel will not be attracted against petitioner-Gram Panchayat...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 - - Punjab Gram Panchayat (Common Purposes Land) Eviction and Rent Recovery Act, 1976, Public Premises and Land (Eviction and Rent Recovery Act, 1973 - Eviction petition - Maintainability - Land in dispute is Jumla Mushtarka Malkan - Such land is not included in shamlat deh under any provision of 1961 Act -..........
Punjab Village Common Lands (Regulation) Act, 1954 -- Allotment of land - Shortfall - Alternative land allotted with share in shamlat deh as land was acquired for capital project of Chandigarh - But on account of enactment of the Act, 1953 land proposed to be allotted came to vest in Gram Panchayat and, therefore, land could not be allotted - Financial Commissioner after..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Vesting of land in Gram Panchayat - Jurisdiction of Director Consolidation - Held, Director Consolidation has no jurisdiction to determine whether land in dispute vests or does not vest in Gram Panchayat much less on the ground that an excessive pro-rata cut was applied or that..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Vesting of land in Gram Panchayat - Jurisdiction of Collector - Held, only authority empowered to determine whether land vests or does not vest in a Gram Panchayat is a Collector exercising power u/s.11 of the 1961..........
