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