Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors of sister concern - Held, Directors of sister concern cannot be roped in for vicarious liability, unless it is first pleaded in the complaint that such Directors are common to both the sister concerns...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Proof - Confrontation between two parties on previous date - On date of occurrence appellants were lying in wait for deceased - Surprise attack on deceased by appellants - All the three accused persons belabored deceased and continued assault and aggression even when deceased had fallen to ground -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Trial Court failed to take note of relevant aspects and committed a grave error in rejecting reliable materials placed by prosecution - High Court as appellate Court analyzed the evidence and reversed the order of acquittal and found A1 and A2 guilty of offence u/ss 302 r/w S.34 IPC for murdering "R"..........
Indian Penal Code, 1860, Section 149 -- Common object - Object is required to be established with reference to each particular case...........
Indian Penal Code, 1860, Section 302, 304(Part II), 34 -- Nature of offence - Quarrel - Lathi blow on head - Incident occurred at spur of moment without intention or motive - Common intention developing later - Offence made out u/s 304(Part II) - Sentence reduced to that already undergone - Accused to furnish bond u/s 437A Cr.P.C. - Acquittal of others not interfered...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(2)(viii) -- Shamlat Deh Hasab Rasad Zar Khewat - Banjar Quadim - Perusal of jamabandis for the year 1938-39 and 1942-43 reveals that disputed land recorded as `Shamlat Deh Hasab Rasad Zar Khewat' - Petitioners' contention that land, in dispute, was in cultivating possession of their predecessors, is falsified by..........
, Section 4, 5, 18, 23A, Rule 16(ii) - - Eviction - Unauthorized occupants - `Jumla Mushtarkan Malkan' - Land reserved during consolidation for common purposes - Held, Gram Panchayat is entitled to seek eviction of any person who is in unauthorised possession of such land...........
, Section 4, 5, 11 - - Eviction - Res judicata - `Jumla Mushtarkan Malkan' - Land reserved during consolidation for common purposes - Question of title decided in favour of Gram Panchayat - Order passed by Collector in summary proceedings under 1973 Act - Held, it cannot operate as res judicata - Petitioners failed to prove any right, title or interest in land in dispute -..........
Constitution of India, 1950, Article 226, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Unauthorized occupant - Eviction - Validity - Petitioners and others are in unauthorized occupation of part of street - Order of eviction passed in a fresh petition filed u/s.7 of the 1961 Act and not in execution proceedings - Petitioners guilty of making false..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(3), 7 -- Eviction - Unauthorized occupant - Appellate authority while holding that land was allotted to private respondents' grandfather has not referred to much less considered order passed by Settlement Officer allotting land in dispute to Gram Panchayat - Held, appellate authority has committed an error of..........
