Haryana Canal and Drainage Act, 1974, Section 2(2), 20, 24 -- Restoration of water course - Superiendenting Canal Officer (SCO) remanded case back to Divisional Canal Officer (DCO) - DCO held that orders passed by SCO ultra vires of the Act. Held - Lower Authorities cannot set aside & ignore order passed by Superior Authority, by holding them to be illegal or ultra vires...........
Haryana Urban Development Authority Act, 1977, Section 17(1), 17(2), 17(3), 17(4), 50 -- Resumption order - Bar of jurisdiction of Civil Courts - Plot allotted by HUDA - Allottee failed to pay balance of sale consideration - Notice u/s 17(1) to 17(4) issued to allottee - Balance amount not deposited - Plot resumed - Civil suit filed challenging order of resumption -..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18, 19 -- Correction of orders - Power of review - Land declared surplus under Punjab Security of Land Tenures Act vide order dated 18.10.1972 - Surplus area further allotted -Application u/s 19 for correction of said order on the ground (i) that part of land declared surplus was gifted by the owner prior to her death in..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 19 -- Clerical or arithmetical errors in orders - Correction thereof - Scope & Extent - Corrections of a minor nature permissible u/s 19 - Provisions of section 19 not an alternative to seek substantial and significant changes in the order passed under the Act by the same authority...........
Haryana Municipal Act, 1973, Section 10(5), Haryana Municipal Election Rules, 1978 -- President of municipalities - Reserved candidate contesting in general catergory - Effect on election - Post of President of municipalities filled by election by rotation from amongst the members belonging to general category, schedule casts, backward classes and women - Backward class..........
Haryana Co-operative Societies Act, 1984, Section 115 -- Revision - State cannot exercise its revisional jurisdiction if an appeal lies before it - If an appeal lies, a revision would not lie...........
Haryana Co-operative Societies Act, 1984, Section 102, 115, 114 -- Co-operative Society - Dismissal of employee - Employee has remedy of arbitration before Registrar Co-operative Societies - Revision against order of dismissal - Not maintianble...........
Haryana Co-operative Societies Act, 1984, Section 102, 115, 114 -- Co-operative Society - Dismissal of employee - Employee has remedy of arbitration before Registrar Co-operative Societies - Thereafter an appeal against the award is maintainable before the State Govt...........
Haryana Co-operative Societies Act, 1984, Section 115 -- Suo motu power - Exercise - If an appeal lies then revisional jurisdiction cannot be exercised - If revision is not maintainable a `fortiori suo motu power' cannot be exercised - Even otherwise if suo motu power is to be exercised, it has to be stated so...........
Haryana Co-operative Societies Act, 1984, Section 102 -- Co-operative society - Dispute between society and an employee - Dispute is referable to arbitration in terms of S.102 of Act - An appeal is maintainable against an award of the Arbitrator before the State...........
