Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(vii) -- Shamlat Deh - Exclusion from - Held, a person claiming that his land is excluded from `shamilat deh' u/s.2(g)(viii) of the Act is required to prove that - (a) land has been in individual cultivating possession of co-sharers (b) it is not in excess of their respective shares in such `shamilat deh' and..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Question of title - Despite a specific direction in order passed in CWP No. 11646 of 2001, question of title has not been considered by any authority - Held, proviso to S.7 of does not prohibit an Assistant Collector seized of a petition u/s.7 from deciding a question of title - Assistant Collector..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(6), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Ejectment - Jumla Mushtarka Malkan - Held, a parcel of land recorded, as Jumla Mushtarka Malkan, in revenue record raises an inference that it was created during consolidation, for common purposes of village..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic relationship - "Relationship in the nature of marriage" is akin to a common law marriage - Common law marriages require that although not being formally married: (a) The couple must hold themselves out to society as being akin to spouses; (b) They must be of legal age to marry; (c) They must be..........
Haryana Panchayati Raj Act, 1994, Section 47, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 3, 8 - - Change of user of `charand' land - Held, Gram Panchayat can change user of its land whether reserved as `Charand' or otherwise - Only rider, upon Gram Panchayat's power is that a Gram Panchayat is required to comply with procedure prescribed by R.3 read along..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7 -- Forcible dispossession by Panchayat - Legality - Held, as petitioners may have raised construction or are in possession, they cannot be dispossessed, except in accordance with law - Attempt by Gram Panchayat to forcibly demolish houses or dispossess petitioners should have invited immediate attention of..........
Hindu Law -- Joint Hindu Family and Hindu coparcenary - Distinction - A Hindu joint family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters - A daughter ceases to be a member of her father's family on marriage and becomes a member of her husband's family - A joint or undivided Hindu family may consist of a..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 5A -- Allotment of residential plot - Mahatma Gandhi Gramin Basti Yojna Scheme - Held, scheme has been framed to enable Gram Panchayat to allot plots to eligible members of scheduled castes - Where suitable shamilat land is not available land should be provided by way of transfer from private land or by..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4a), 7 -- Eviction - Revisional jurisdiction - Exercise of - Evidence on record shows that land in dispute is occupied by private respondents' houses and garage - Findings recorded by Assistant Collector and Collector that land in dispute is vacant are incorrect - Held, if finding of fact is not based upon..........
Custom -- Custom is an established practice at variance with the general law - A custom can be general, local, tribal or family custom - A general custom includes a custom common to any considerable class of persons - A custom which is applicable to a locality, tribe, sect or a family is called a special custom. Custom is a rule, which in a particular family, a particular..........
