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