Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(5) - - Shamlat deh - Exclusion from - Held, a landowner claiming that his land is excluded from `Shamilat deh' shall be required to prove ingredients of exclusion clause from the date set out in said clause so invoked - Where an exclusion clause does not set out any date land owner could be required to prove..........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(5) - - Shamlat deh - Exclusion from - Banjar qadim - Held, S.2(g)(5) of the 1961 Act provides for exclusion of `Banjar qadim' from `Shamilat deh' - A person claiming exclusion of his land u/s.2(g)(5) of the 1961 Act has to prove that land was `Banjar qadim' and not used for common purposes of village according..........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(viii) - - Shamilat deh - Exclusion from - Conditions sine qua non - Held, (i) individual cultivating possession of co-sharers - (ii) not being in excess of their respective shares - (iii) land being assessed to land revenue - (iv) on or before 26th January, 1950...........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(viii) - - Shamilat deh - Exclusion from - Petitioner sought exclusion u/s.2(g)(viii) and 4(3)(ii) of the 1961 Act without proving on record his individual cultivating possession either on or before 26th January, 1950 or 12 years immediately prior to 22.04.1961 i.e. commencement of the 1961 Act - Held, he is..........
Constitution of India, 1950, Article 226, Punjab Land Preservation Act, 1900, Section 3, 4, 5 - - Forest land - Determination of - Held, whether a particular piece of land falls or is excluded from ambit of `Forest Land' is a question of fact to be decided by Forest Department being custodian of `Forest Lands'- High Court in exercise of its discretionary jurisdiction..........
Consent decree -- Suit land transferred in favour of adopted son ignoring daughters - It is not uncommon that land is transferred in favour of male descendants to the exclusion of female descendants...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction on basis of circumstantial evidence - Following tests must be satisfied : (1) Circumstances from which conclusion of guilt is to be drawn should be fully established; (2) Facts so established should be consistent only with hypothesis of guilt of accused; (3) Circumstances should be of conclusive nature and..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction on basis of circumstantial evidence - Following tests must be satisfied : (1) Circumstances from which conclusion of guilt is to be drawn should be fully established; (2) Facts so established should be consistent only with hypothesis of guilt of accused; (3) Circumstances should be of conclusive nature and..........
Arbitration Act, 1940, Section 5,11,12,30 -- Arbitrator - Appointment - Court appointing Chief Engineer who was named as arbitrator in the arbitration agreement - Held, once parties enter into contract knowing the role, authority or power of the Chief Engineer in the affairs relating to the contract but nevertheless agree for him to be arbitrator and name him in the..........
Goa Panchayat Raj Act, 1994, Section 10(f) -- Panch - Disqualification - Money acquired by appellant's husband from contract with Village Panchayat - Whether appellant has indirect share or monetary interest therin - Held, money acquired by appellant's husband is `community property' - Appellant has indirect share, or, in any case, monetary interest in contract awarded to..........
