Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Proof - Held, criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both - It is a matter of common experience that direct evidence to prove conspiracy is rarely available - Therefore, the circumstances proved..........
Indian Penal Code, 1860, Section 302, 149, 34 -- Non applicability of S.149 IPC - Accused can be convicted u/s 302 r/w S.34 IPC, if evidence discloses commission of an offence, in furtherance of common intention of such accused...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - (As applicable to Haryana) - Shamlat deh - Plaintiff purchased land in open auction by Government on 23.05.1985 but was dispossessed by virtue of judgment rendered in Malwinder Singh's case on 09.07.1985 - Amendment introduced by State of Haryana by Amendment Act 8 of 1995 has saved transfers made prior..........
Arbitration and Conciliation Act, 1996, Section 45 - - Multiple agreement - Executed on same day for same purpose - Some contained arbitration clause and others don't - Parties not identically common in proceedings before Court - Parties to an action claiming under or through party to arbitration agreement - Held, disputes referred to and arising from multiple agreements..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), Land Acquisition Act, 1894, Section 4, 18 -- Acquisition of shamlat land - Right to compensation - Property acquired being a common land - Appellant was not entered as an owner of property - Held, a non proprietor who had but a right of user of property as common land cannot claim any compensation - Appeal..........
Indian Penal Code, 1860, Section 34, 302 -- Murder - Common intention - In the instant case, 15 accused persons came with weapons and assaulted deceased - It is clear case of common intention of the accused persons - Accused rightly convicted...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 7A -- Sale of Shamlat land by Gram Panchayat - Validity - Panchayat failed to give any reason for sale of disputed land and also what are plans of Panchayat to utilize said income - Held, Panchayat acted as an ordinary individual and not as an elected representative body of entire village while entering into..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 2(d), 5, 15(2)(f), Punjab Village Common Lands (Regulation) Act, 1961, Section 2(d), Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Exchange of Gram Panchayat land - Held, Director Consolidation has no jurisdiction to order exchange of Gram Panchayat land with land..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 2(d), 5, 15(2)(f), Punjab Village Common Lands (Regulation) Act, 1961, Section 2(d), Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Exchange of Gram Panchayat land - Held, a purchaser of land subsequent to consolidation, who was not shareholder in khewat at that..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 2(d), 5, 15(2)(f), Punjab Village Common Lands (Regulation) Act, 1961, Section 2(d), 10A, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Exchange of Gram Panchayat land - Orders of exchange have been passed by Director Consolidation u/s.42 of the Act of 1948 - Held,..........
