Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Landlord authorised his general Power of Attorney holder to collect rent and file civil & Revenue suits in case of dispute - Held, attorney can file criminal complaint too - Mere fact that word `Criminal Court' has not been expressly mentioned would not preclude..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Deity - Every person who does not claim any interest adverse to the deity and believes in deity is entitled to file a suit for possession on behalf of the deity to protect its property - Section 92 or Order 1 Rule 8 is not applicable - All the de facto trustees are not necessary parties...........
Land Reforms Act, 1961, Section 22, 142 -- Person in occupation of land as a tenant not to be evicted except on grounds enumerated - Decree for possession of suit land obtained in 19S8 stood nullified as respondent in possession on the date of Act coming into force in 1965 - Execution had taken place in 1967 - Eviction was clearly in violation of Section 22(1) of the Act -..........
Indian Penal Code, 1860, Section 300 -- Exception 4, 302, 304 (Part I) - Murder - Assault in sudden fight and after giving one below took to his heals - Appellants guilty under S.304 Part-I - Exception 4 to Section 300IPC is clearly attracted - Conviction converted from S.302 to S.304 Part-I - Sentenced to six years R.I. besides fine of Rs.1, 000/-...........
Punjab Security of Land Tenures Act, Section 14A(ii) -- Tenant's liability to pay rent/Batai to landowner-Landowner entitled to receive Batai until land is declared surplus - Payment of Batai case-Should be decided instead of keeping it pending until decision of surplus area case of landowner-Vesting of surplus area in the State takes place under Section 12 Haryana Ceiling..........
Land Acquisition Act, 1894, Section 4, 23(1A), 28 -- Compensation allowed at the rate of Rs.4800/- per acre - On reference compensation allowed at-Rs.20.000/- per acre - High Court in appeal confirmed the same - On facts held, the reasonable compen-sation will be Rs. 10, 000/- per acre with solatium at 30% under Section 23(2), interest u/s 28 at 9% for one year from taking..........
Punjab Land Revenue Act, Section 111, 123 -- Application for partition-Got converted into application under Section 123-Revenue Officer after inquiry came to the conclusion that private partition had, in fact, taken place and as such, he ordered revenue staff to prepare necessary partition papers in accordance with the contents of the agreement of partition-Consequent upon..........
Land Acquisition Act, 1894, Section 17, 4, 5A -- No mention in notification under Section 4 that land waste or arable nor stated that in the opinion of Government there was any urgency to take recourse to provisions of Section 17-Not by itself enough to strike down notification where expression of opinion with regard to urgency involved in the matter even if not mentioned..........
Hindu law -- Succession - Widow of a Hindu performed Karewa marriage after death of her husband in 1943 - She automatically stood divested of her right in the property of her deceased husband on account of Section 59 of Punjab Tenancy Act and the legal heirs of the deceased became owners of the property to the extent of their share...........
Punjab Village Common Lands (Regulation) Act, Section 11 -- Prospective and not retrospective-Gram Panchayat could and has a locus standi under Section 11 of the Act to get its title determined by Authority under the Act-Plea that in view of Gurnam Singh's case 1988 PLJ 497 Gram Panchayat cannot get its title decided under Section 11 and it is an anomaly-Not correct-Any..........
