, 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..........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration that Joint Venture Agreement is null and void and not binding upon the plaintiff - Said agreement entered into by defendant No.1 in his purported capacity as the sole owner of the suit property - Partnership firm or any of the partners are not parties thereto - Relief claimed is based..........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- Joint trial - Circumstances requisite to allow joint-trial are (1) A common question of law or common question of fact must arise from all such suits and (2) In all such suits, the right to relief must be in respect of or arising out of same act or transaction or same series of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 3, Pepsu Village Common Lands Act, 1954, Section 3 -- Expression "Shamilat Deh", and "Hassab Hissa Mundarja Paimana Hakiat" - Held, common nature of land is determined by expression "Shamilat Deh" and not by expression "Hassab Hissa Mundarja Paimana Hakiat" - Latter expression denotes manner of calculating..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 3, Pepsu Village Common Lands Act, 1954, Section 3 -- Expression "Makbuja Malkan" - Held, it "Makbuja Malkan" refers to possession in common of proprietary body with no particular proprietor being in exclusive possession...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 3, Pepsu Village Common Lands Act, 1954, Section 3 -- Expression "Shamilat Bachat", "Shamilat Deh", "Bachat" and "Jumla Mushtarka Malkan" - Held, expression "Shamilat Bachat" is unknown to law - "Shamilat Deh" is land that is used for common purposes of a village before consolidation and vests in a Gram..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Three cheques - All the cheques drawn on the same account and issued against common loan amount - Number of offences did not exceed three - Common complaint not illegal...........
