East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Vesting of land in Gram Panchayat - Jurisdiction of Collector - Held, only authority empowered to determine whether land vests or does not vest in a Gram Panchayat is a Collector exercising power u/s.11 of the 1961..........
Haryana Urban Development Authority Act, 1977 -- Death of allottee - Transfer of plot to widow - Plot in dispute has already been transferred in name of petitioner - Held, necessary relief has been granted to petitioner - Directions issued to HUDA that in case any application for transfer of plot/house is made by any person, it should be finally decided according to Policy..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Dispute as to ownership - Jurisdiction of Rent Controller - Respondent Nos.2 & 3/tenants admitted relationship of landlord and tenant in eviction petition preferred by respondent No.1-trust - Litigation between applicants and a private person who is allegedly chairman of respondent No.1- trust..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning order - Matrimonial dispute - Revisionist brother-i, law of deceased - Revisionist residing and working in Rajasthan and also not a beneficiary of the alleged dowry - Alleged allegation of causing physical and mental torture to the deceased for demand of dowry not made against revisionist -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 16(ii), Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Mushtarka Malkan - Eviction proceedings - Land in dispute reserved during consolidation for..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7 -- Eviction - Unauthorized occupation - Public premises - Order passed by Assistant Collector 1st Grade holding that Municipal Committee is not owner of premises in dispute - Order attained finality - Not so far challenged by Municipal Council - Held, it is difficult to hold that law..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Typographical error in cheque number in demand notice - Error does not mitigate the situation as accused did not dispute his signature on cheque - Such mistake cannot be said to be material as amount covered by cheque is correctly recorded in statutory notice - Conviction upheld...........
Evidence Act, 1872, Section 114 -- Withholding of best evidence - Dispute as to whether a person was alive 8 or 10 years back - Best evidence, if the incumbent is alive, is to produce the incumbent himself/herself - Defendants having failed to adduce best evidence, are bound to fail...........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Where offender and victim have settled their dispute, High Court in exercise of its inherent power u/s 482 Cr.P.C is competent to quash criminal proceedings even relating to no, compoundable offences though such a power need to be invoked sparingly and not when offences are heinous,..........
Criminal Procedure Code, 1973, Section 482, 320, , Section 420 - - Cheating - Quashing of proceedings - Accused alleged to have deceitfully collected lakhs of rupees under cover of registered/unregistered deeds - No documents filed to show that parties had either compromised or settled their dispute - Fact of payment of money to complainants by invoking bank guarantee and..........
