Haryana Development and Regulation of Urban Areas Act, 1975, Section 3(3)(a) -- clause (iv) - Expressions 'at his own cost' and 'at its cost' - Must be held to have separate and distinct meaning - Not meant to aim at the same person...........
National Security Act, 1980, Section 3(2) -- 'Breach of law and order' and 'Public order' - Distinction - If impact of act is restricted to individuals it would amount to violation of 'law and order' but if it affects the tempo of life of the community as a whole or a segment of the community, it would constitute violation of 'public order'...........
National Security Act, 1980, Section 3(2) -- Rape of a widow by threatening to kill the neighbours by show of bomb - Fear psychosis created in adjoining localities - People hiding in their houses - Tempo of life of people living in neighbour of widow affected - Clear case of breach of 'public order' - Detention order is valid...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Simply because plaintiffs signatures appear on last page of memorandum of partition and not on first two pages - Not sufficient to hold that writing inchoate...........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Jurisdictional bar - Does Section 7B of the Indian Telegraph Act, 1885 oust the jurisdiction of the Consumer Forum as constituted under the Consumer Protection Act, 1986? - Held No - Remedy under Consumer Protection Act is in addition to that provided u/s 7B of the 1885 Act - Option to invoke one..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iia), 3(2), 3(3) -as added by Punjab Act 8 of 1995 vide Notification dated 8 5 1995 - Excludes land which was Shamilat Deh and allotted on quasi-permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner, whatsoever, after the commencement of Act 8..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 3 -(= Punjab Village Common Lands (Regulation) Act, 1961, Section 4(i)(a)) - Amendment by Act 8 of 1995 vide Punjab Government Notification dated 8.5.1995 - Saving of all allotments/transfers made upto July 9, 1995, the date of pronouncement of Supreme Court judgment in Gram Panchayat Jamalpur's case 1985 PLJ 463...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v) -- Scope - It is not only wrongful dispossession of a member of a Scheduled Castes or Scheduled Tribes from his land or premises is punishable but also if somebody interferes with enjoyment of his rights over any land, premises or water the same is also made punishable under..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3-A, 3-B, Evidence Act, 1872, Section 115 -- Partition suit - Compromise - Decree passed on basis of compromise reached by parties representing heads of branches without notice to other members of branches who are interested in suit and without obtaining leave of Court to compromise - Such compromise decree does not..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A, 3-B -- Compromise decree - Tendency of trial Court to pass mechanically compromise decree without examining whether suit is representative suit and without satisfying itself about lawfulness of compromise - Such tendency is deprecated...........
