East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Common purposes - Reservation of land - Presumption as to - Held, S.18 and 23-A of the Act place statutory duty on consolidation officer where there is no Shamilat Deh or Shamilat Deh in village is insufficient to apply pro rata cut on holdings of proprietors and reserve land..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Jumla Mushtarka Malkan & Bachat land - Held, `Jumla Mushtarka Malkan' is land created during consolidation for panchayat and for other common purposes after applying pro rata cut on holdings of proprietors - Land that remains unutilized after creating land for common purposes..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Common purposes - Reservation of land - Presumption as to - Rebuttal - Held, mere fact that land earmarked for common purpose is not being used for said common purpose or it has remained in possession of proprietors or is being cultivated by them does not raise an inference..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay of 11 days in lodging FIR - Explanation furnished not satisfactory - Prosecution version that a common friend tried to settle the matter but he deposed that he does not know anything about the case - Second explanation that prosecutrix was terrorised to be killed in case of reporting the matter to police is wholly..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Vicarious liability - Held, in order to convict accused under vicarious liability, it must be shown that those persons shared common object with other accused with an intention to eliminate deceased...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Inference of - Held, common object of an assembly has to be derived by reasoning or implication from various factors like weapons with which members were armed, their movements, acts of violence, or result thereof, conduct and behaviour, animosity or grouse if any - Some of the circumstances to draw an..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Proof - Except presence of accused at scene of occurrence, no other evidence to show that they participated in commission of offence - Accused persons if had shared common object with main accused persons to eliminate deceased, they would have caused injuries to deceased - They have not stated or uttered..........
Evidence Act, 1872, Section 114 -- Court always raise inferences taking into account the common course of natural event, human conduct and public and private business...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Constitution of India, 1950, Article 226 -- Eviction - Unauthorized possession - Warrant of possession - Eviction proceedings culminated in order dated 17.09.2004 - Petitioner filed writ petition in year 2010 - Inordinate delay in approaching Court not explained - Father of petitioner has already lost legal..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iii) -- Shamlat Deh - Exclusion from - Held, a person claiming that his land is excluded from `shamilat deh' u/s.2(g)(iii) shall be required to prove that - (a) land was partitioned before 26.01.1950 and - (b) was brought under cultivation by individual land holders - In present case, Jamabandis relied does..........
