30/06/2014
Criminal Procedure Code, 1973
S.389--Suspension of Sentence--Rape--Appellant has suffered almost half of his substantive sentence and appeal is not likely to be heard and decided in near future--Application allowed--Indian Penal Code, 1860, S.376.;; Deepak v. State of Haryana : 2014(2) Law Herald (P&H) 1308
S.389--Suspension of Sentence--Recovery of 100 gms of opium--Out of imprisonment of six months appellant has already undergone three months--Appellant is neither required nor involved in any other case--Sentence suspended during pendency of appeal--Narcotic Drugs and Psychotropic Substances Act, 1985, S.18.;; Jagdish Singh v. State of Punjab : 2014(2) Law Herald (P&H) 1267
East Punjab Holdings (Consolidation and Prevention of Fragmentation Act, 1948
S.42--Question of title--Jurisdiction--Held; That:- (a) Consolidation authorities, are tribunals of limited jurisdiction; (b) Consolidation authorities exercise powers of revenue officers, under the 1887 Act, a power to record and update fiscal entries and prepare record of rights; (c) but are not empowered to decide a question of title or vest/divest a party of its title; (d) the only authority empowered to determine a question, whether the land is “Shamilat Deh”, between a Gram Panchayat and a private individual was the Civil Court but after enactment of Sections 11, 13 and 13-A of the 1961 Act, the Collector and; (e) if the land is “Jumla Mushtarka Malkan”, an appropriate forum.;; Parkash Singh & Ors. v. Joint Development Commissioner, Punjab : 2014(2) Law Herald (P&H) 1695 (FB)
S.42--Question of title--Jurisdiction--If a party raises a question of title, the Director Consolidation should generally desist from passing an order touching upon a question of title and should direct parties to file petition u/s 11 of 1961 Act--However, if any order is passed touching question of title to correct errors of consolidation; it cannot be held to be a final or a binding opinion on a question of title.;; Parkash Singh & Ors. v. Joint Development Commissioner, Punjab & Ors. : 2014(2) Law Herald (P&H) 1695 (FB)