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...........
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..........
