Indian Penal Code, 1860, Section 376(2)(g) -- Gang-rape - Proof - Prosecutrix and accused are first cousins - Two amongst four are staying in same house in which prosecutrix is staying - DW1 stated that family of prosecutrix were demanding five lakhs for vacating the house - Before Juvenile Justice Board mother of prosecutrix stated that they have got this house in..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Correction of khasra girdwari - Petitioner was neither owner nor co-sharer of land - Held, petitioner had no locus standi to file application for correction of khasra girdawari...........
Partition -- Ex-parte order - Setting aside of - Validity - No material available on record to show, even prima facie, that respondent No.5 was duly served before he was proceeded ex parte - Held, Financial Commissioner justified in setting aside ex parte order and remanding case to Assistant Collector for decision afresh on merits - Petition dismissed...........
Family settlement -- Document not containing signatures of all the members of joint family - Not a family settlement - Such a document has to be given the status of `partition deed' and its registration is necessary...........
Registration Act, 1908, Section 17 -- Oral partition - If put in writing, need not to be registered - However, if it is a document of partition as such, it needs to be registered...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition suit - Amendment of plaint - Impleadment - Application moved by plaintiff praying that some of defendants be deleted from array of parties and some co-sharers not impleaded in original plaint be added as defendants allowed by Court below observing that same has not been..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iii) -- Shamlat Deh - Exclusion from - Held, a person claiming that his land is excluded from `shamilat deh' u/s.2(g)(iii) shall be required to prove that - (a) land was partitioned before 26.01.1950 and - (b) was brought under cultivation by individual land holders - In present case, Jamabandis relied does..........
Hindu Law -- Oral partition - Proof - Held, while existence of a joint family and possession of joint properties by family must be proved as facts preceding partition, factors such as mutation of entries in revenue records and independent exercise of rights of ownership by co-parceners on respective share must be proved as an event subsequent to partition - It is only..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Partition suit - Compromise decree - Plea of fraud - Limitation - Held, there is no limitation prescribed for maintaining an application u/s.151 CPC for questioning compromise decree on grounds of fraud...........
Punjab Land Revenue Act, 1887, Section 118 -- Partition of land - Amended mode - Revenue authorities failed to appreciate true factual aspect of the case in right perspective - Land allotted to co-sharers of all the 3/4 khewats at seven places each - This runs counter to the object of allotting land in a consolidated manner - Amended mode of partition has not been kept in..........
