Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Shamlat Deh - Question of title - Decision of - Procedure for - Held, Collector is required while adjudicating a dispute u/s.11 to call upon Panchayat, or where Panchayat has filed a petition, opposite party to file its reply to frame issues,..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Shamlat Deh - Question of title - Decision of - Notice was not issued to Gram Panchayat - Issues were not framed - No opportunity was granted to petitioner to lead evidence before petition was dismissed in a summary and perfunctory manner -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3), 11 -- Shamilat deh - Mere fact that land may have been entrusted to Forest Department, by a body of private individuals or members of patti, is not sufficient to exclude land from `Shamilat Deh' or to hold that petitioner or society are owners of the land, in dispute...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Can be formed on the spur of the moment - Course of conduct adopted by the members of common assembly is a relevant factor - At what point of time common object of unlawful assembly was formed will depend upon the facts and circumstances of each case - Once the case of the person falls within the..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - It must be proved in each case that person concerned was not only a member of unlawful assembly at some stage, but at all crucial stages have shared common object of the assembly at all stages...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Title of Gram Panchayat - Assertion as to - Held, possession of any person without any right, title or interest cannot possibly translate into ownership or estop Gram Panchayat from asserting its title...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Proceedings u/s.7 of the Act - Question of title - Decision as to - Held, orders passed u/s.7 of 1961 Act are summary in nature - Any finding recorded on question of title does not operate as res-judicata in proceedings initiated for adjudication of question of title - Only authority empowered to decide..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Gram Panchayat land - Proprietary rights - Held, illegal sale of Gram Panchayat land by other lessees or failure of Gram Panchayat to challenge these sale deeds cannot divest Gram Panchayat of its proprietary rights...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), Constitution of India, 1950, Article 226, 227 -- Writ petition - Raising plea for first time - Permissibility - Plea, though, not raised before Collector or Commissioner or in reply filed to writ petition, is that as land in dispute was Banjar Qadim, it is excluded from Shamilat Deh - Held, plea cannot be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Recall of - Held, Assistant Collector has no jurisdiction to recall, review or reconsider an eviction order whether in execution proceeding or otherwise...........
