Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(i), 13A - - Shamilat deh - Vesting of - Petitioners raised a plea that land in dispute is created by river action and is shamilat deh reserved in village subject to river action - Said plea negated without reference to revenue record - Collector's order based on an order passed under the Act of 1957 holding..........
Indian Penal Code, 1860, Section 302,149 -- Murder - Nine accused committed murder of husband and wife - PW-4 and PW-5 were present at the time of incident - Prior animosity and clashes between two families has come on record - No challenge to vital facts - Son of deceased was also the eye-witness - No provocation on the part of deceased proved - Number of injuries found..........
Indian Penal Code, 1860, Section 302,34 -- Murder - Common Intention - Both deceased persons tried to run away but were chased by accused persons - All took effective participation in inflicting injuries on the bodies of deceased - Held, Common intention came into existence at the spur of moment, even if same was not pre-existing...........
Indian Penal Code, 1860, Section 141,149 -- Unlawful assembly - Ingredients - (i) Offence must be committed by any member of unlawful assembly consisting of five or more members; and (ii) Such offence must be committed in prosecution of common object u/s 141 IPC of that assembly or such members of that assembly knew that it was likely to be committed in prosecution of..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Expression 'common object' - Interpretation of - It is not necessary that there should be prior concert in the sense of meeting of minds of members of unlawful assembly - Common object may form on the spur of moment - It is enough if it is then adopted by all members and is shared by all of them...........
Evidence Act, 1872, Section 11 -- Plea of Alibi - PW4 both in FIR and statement recorded u/s 161, made a similar statement that one other relative of his, whose name he did not know, had also come there - Being members of unlawful assembly, accused, along with others, had also inflicted injuries upon deceased, in furtherance of common object - Held, as three out of nine..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(i) -- Vesting of land in Gram Panchayat - Shamilat Deh Hassab Hissa Halsari - Land in question described as `Shamilat Deh Hassab Hissa Halsari' in revenue record - Held, such land vests in Gram Panchayat u/s.2(g)(i) r/w s.4 of the Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5)(viii) - - Shamilat deh - Eviction proceedings - Title suit - Appellants' contention that AC 1st Grade did not convert eviction proceedings in a title suit and thus, they were deprived of opportunity to lead evidence to establish that they were in individual cultivating possession of land in dispute prior..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(i), 4 -- Vesting of land in Gram Panchayat - In Jamabandi for year 1955-56, land in question was recorded as `Shamlat Deh Hasab Rasad Zar Khewat Wa Sanai Mahajrin' - Held, such land vests in Gram Panchayat u/s.2(g)(i) r/w s.4 of the Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Surplus area - Claim as to - Plaintiff claimed ownership and possession over suit land on ground that it was allotted to his father out of Bachat Land - However, no record of consolidation of holdings has been produced to depict that land for common purposes was taken out from land of proprietors and that..........
