//
archives

GramPanchayat

This tag is associated with 3 posts

adverse possession can be used as a shield/defence but not as a weapon = Even if the plaintiff is found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession has matured into ownership. Only if proceedings filed against the appellant and appellant is arrayed as defendant that it can use this adverse possession as a shield/defence.- As the appellant is in possession of the suit property since 13.4.1952 and has been granted the decree of injunction, it obviously means that the possession of the appellant cannot be disturbed except by due process of law. We make it clear that though the suit of the appellant seeking relief of declaration has been dismissed, in case respondents file suit for possession and/or ejectment of the appellant, it would be open to the appellant to plead in defence that the appellant had become the owner of property by adverse possession. Needless to mention at this stage, the appellant shall also be at liberty to plead that findings of issue No.1 to the effect that the appellant is in possession of adverse possession since 13.4.1952 operates as res- judicata. Subject to this clarification, the appeal is dismissed.

  published in   http://judis.nic.in/supremecourt/imgst.aspx?filename=40774  NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8244/2013 (arising out of S.L.P.(Civil) No. 23728 of 2012) Gurudwara Sahib …Appellant   Vs. Gram Panchayat Village Sirthala & Anr. …Respondents   J U D G M E N T   A.K.SIKRI,J. 1. Leave granted. 2. The appellant herein … Continue reading

JURISDICTION AND POWERS OF GRAMA SABHAS / NYAYALAYAS – NEWLY FORMED FOR QUICK DISPOSAL OF CASES =whether in view of Sections 4(2), 5, 44-51, 71 and 77 etc. of the Punjab Panchayati Raj Act, 1994 which give complete powers to the Gram Panchayat to take cognizance of criminal cases, accept complaints, conduct enquiries, summon witnesses, proceed with the trial, pass orders of conviction, sentence and compensation, the impugned proceedings initiated under the IPC is sustainable? On the other hand, it is the stand of the respondent-State that in view of serious allegations against the appellants who cheated the complainant’s son and committed fraud by taking his money, in spite of Section 44(3) of the Punjab Panchayati Raj Act, 1994, the prosecuting authority is entitled to proceed under the provisions of the IPC. = (i) There is no bar for investigating any offence by the police including the offences mentioned in the Schedule II of the Punjab Panchayati Raj Act, 1994. (ii) The investigation would include the power to arrest and the ordinary procedure under the Code will govern the entire proceedings. (iii) Till the stage of completion of investigation, Gram Panchayat has no jurisdiction at all. (iv) After the report of police under Section 173, the Magistrate shall transfer the case for trial to Gram Panchayat or to any other subordinate court to him. (v) Unless a case is transferred to Gram Panchayat under Section 45 of the Punjab Panchayati Raj Act, 1994, the ‘Gram Panchayat’ does not get any jurisdiction over the said case/investigation unless the offence is one mentioned in Section 47(3) of the said Act. (vi) However, it is open to any person/complainant to directly approach the Gram Panchayat by submitting a written complaint. In that case also, if it is a cognizable offence, there is no bar for the police to investigate the matter. = Under these circumstances, we hold that in the facts and circumstances of the present case, the investigation is to be conducted by the police authorities only and the offence of Section 420 IPC where the allegations are of a serious nature and the appellants has duped of Rs. 30 lakhs from the complainant, should be tried by the regular criminal court only and not by the Gram Panchayat.

PUBLISHED IN http://judis.nic.in/supremecourt/filename=40486 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 811 OF 2013 (Arising out of S.L.P. (Crl.) No. 6746 of 2012) Sharanjit Kaur & Anr. …. Appellant(s) Versus State of Punjab …. Respondent(s) WITH CRIMINAL APPEAL No. 812 OF 2013 (Arising out of S.L.P. (Crl.) No. 9690 of … Continue reading

PUBLISHED IN http://judis.nic.in/supremecourt/filename=40486 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 811 OF 2013 (Arising out of S.L.P. (Crl.) No. 6746 of 2012) Sharanjit Kaur & Anr. …. Appellant(s) Versus State of Punjab …. Respondent(s) WITH CRIMINAL APPEAL No. 812 OF 2013 (Arising out of S.L.P. (Crl.) No. 9690 of … Continue reading

Blog Stats

  • 2,881,036 hits

ADVOCATE MMMOHAN

archieves

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,905 other followers

Follow advocatemmmohan on WordPress.com