Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of Lambardar - Significant factor - Held, availability of a Lambardar in village is a significant factor to be considered while appointing a Lambardar - If a question mark is raised upon a candidate's availability in village, Collector would necessarily be required to..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused alleged to have committed brutal rape of an eight year old girl and thereafter took her to hospital as she was bleeding from her private parts - Accused failed to disclose as to why he had gone to house of victim and circumstances why he took victim to hospital - Unimpeachable evidence of victim, testimony of treating..........
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 -- Eviction proceedings - Mushtarka Malkan - Land in dispute recorded as Mushtarka Malkan i.e...........
Indecent Representation of Women (Protection) Act, 1986, Section 4, 6, Indian Penal Code, 1860, Section 292(2)(a) -- Cognizance of offences and order of summoning on a private complaint - Complainant and accused petitioner were married but residing separately in matrimonial home as they were co-owner of the flat - Two pornographic paintings, one on a canvass and other on..........
Land Acquisition Act, 1894, Section 5A -- Scope - (i) The rule of audi alteram partem engrained in the scheme of S.5A of the Act ensures that before depriving any person of his land by compulsory acquisition, an effective opportunity must be given to him to contest the decision taken by the State Government/competent authority to acquire the particular parcel of land; (ii)..........
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..........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Everyone has a right to defend his own person and property but the right of private defence cannot be exercised for causing more harm than necessary or for taking revenge...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where an FIR is lodged clearly with a view to spite the other party because of a private and personal grudge and to enmesh the other party in long and arduous criminal proceedings, Court may take a view that it amounts to an abuse of the process of law in the facts and circumstances of the case...........
Criminal Procedure Code, 1973, Section 190, 156(3) -- Private complaints - Exercise of power by Magistrate - On receipt of complaint regarding commission of cognizable offences Magistrate can direct registration of crime and investigation thereof u/s.156(3) Cr.P.C. - Once crime is registered concerned investigating officer has to conduct investigation and to file final..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3), 11 -- Shamilat deh - Mere fact that land may have been entrusted to Forest Department, by a body of private individuals or members of patti, is not sufficient to exclude land from `Shamilat Deh' or to hold that petitioner or society are owners of the land, in dispute...........
