Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Ejectment from Shamlat Deh - Petitioner claiming that he is owner of the land in dispute being right holder/share holder and in possession of Jumla Malkhan land owned by him in accordance with the respective shares in the holdings - However, Gram Panchayat claimed that the land in dispute is Shamlat Deh which..........
Motor Vehicles Act, 1988, Section 163A -- Vehicular accident - Death - Liability to pay compensation - Deceased/borrower of vehicle (Son of owner of vehicle) - Borrower steps into the shoes of owner and is not a third party - Borrower treated as owner of vehicle, hence petition u/s 163-A would not be maintainable - Person can`t be both claimant as also recipient liable to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheques issued against loan for purchase of lorry - Bank subsequently seized vehicle and sale proceeds adjusted against loan - Dishonour of post dated cheques - No offence u/s 138 of the Act is committed - Once the financier exercises the option of seizure of vehicle, post dated cheques..........
Prevention of Cruelty to Animals Act, 1960, Section 11 -- Cruelty to animals - Fine prescribed under the Act has outlived its purpose to cause effective deterence - Penalty to be imposed requires enhancement - Writ petition disposed of with certain directions. I) The State Animal Advisory Board constituted under the directions of the Hon'ble Supreme Court, Animal Welfare..........
Punjab Security of Land Tenures Rules, 1956, Rule 20C -- Qabuliat Nama never executed - Land declared surplus in the hands of the land owner - Not proved to have been utilized during the life time of land owner - Held, it would thus be incumbent upon the competent authority to redetermine the character of the land in the hands of the petitioners in the context of the gift..........
Easement Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Test to determine - (1) To ascertain whether a document creates a licence or lease, the substance of the document must be preferred to the form; (2) the real test is the intention of the parties - whether they intended to create a lease or a licence; (3) if the document..........
Rent and Eviction -- Co-owner - A co-owner can always maintain a suit for eviction...........
Co-owner -- A co-owner of a property is an owner of the property, till the property is partitioned...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Joint Liability - Unless property is purchased under hire purchase and the vendee is in possession, he would be deemed to be the owner, in all other cases, only registered owner would be taken as owner for the purpose of Act - Thus, owner of vehicle could not be exonerated till the vehicle is got..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Rent Controller is required to ascertain that (i) the applicant is a Non-Resident Indian; (ii) he is owner of the subject premises; (iii) his ownership is more than 5 years old as on the date when he applies for eviction; (iv) the applicant-NRI-landlord has pleaded and explained that he needs the..........
