Rajasthan Panchayati Raj Act, 1994, Section 97 -- Revision - Decree of permanent injunction passed by civil Court cannot be interfered with by way of initiating proceedings u/s 97 of the Act...........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Haryana Panchayati Raj Act, 1994, Section 7(4), Haryana Municipalities Act, 1973, Section 2A -- Demarcation of Sabha area - Transfer of land to municipal bodies - Effect of - Act of 1994 contemplates vesting of property of Gram Panchayat with Municipality - Whereas Municipal Act takes into its ambit properties vesting with Panchayat - Therefore, if whole or part of..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of sarpanch - Suspension can only be on account of misconduct during current term - Even, if bar u/s 216(4) of the Act is not attracted, order of suspension is bad in law as it is based upon an alleged misconduct committed in year 2011 and not during current term - Suspension order quashed...........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of Sarpanch - It is apparent that Director before passing the order of suspension is required to form opinion that charge against elected sarpanch or panch is likely to embarrass him in discharge of his duties or involves moral turpitude or defect of character - Thus, before Director passes an order of suspending an..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of sarpanch - It is apparent that Director did not form an opinion, how petitioner is likely to face embarrassment while discharging duties of an office of sarpanch or how registration of FIRs involves moral turpitude or defect of character - Director has only recorded that it would not be in public interest to keep..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of sarpanch - Order of Director fails to meet with requirements of statutory provision - Still further an elected representative cannot be kept under suspension for such a long time - Order passed by Director not sustainable and is hereby set aside...........
Haryana Panchayati Raj Act, 1994, Section 51 -- Gram Panchayat Funds - Freezing accounts - Order imposing complete ban on development fund by spending the amount, lying in fixed deposit of Gram Panchayat - Issuance of order imposing complete ban on use of amount lying in fixed deposit irrespective of urgency and requirement of a particular gram panchayat, especially, when..........
Haryana Panchayati Raj Act, 1994, Section 47, 51 -- Gram panchayat funds - Freezing of accounts - Admittedly, neither show cause notice was issued nor any opportunity of hearing was afforded to Gram Panchayat in terms of S.47 of the Act - Order passed cannot be sustained and is hereby set aside - Directions issued...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Pain and suffering and loss of amenities - High Court awarded a sum of Rs.10,000 under head of pain and suffering - However, Rs.3 lakh is awarded to appellant under said head - However, considering observations made in Raj Kumar Case, sum of Rs.40,000 as awarded to appellant..........
