Northern India Canal and Drainage Act, 1873, Section 30FF -- Restoration of demolished watercourse - Divisional Canal Officer on report of Ziledar after enquiry, issued notices to concerned share-holders, after hearing them recorded their statements and after spot inspection ordered restoration - Superintending Canal Officer set aside order of restoration merely because a..........
Northern India Canal and Drainage Act, 1873, Section 30FF -- Demolition within a few months of watercourse sanctioned temporarily for a period of one year - This could not be done - Divisional Canal Officer ordered restoration of demolished watercourse - Superintending Canal Officer in error in setting aside order of restoration - Order of S.C.O. set aside and that of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Suicide by jumping into canal - Information received a day earlier to lodging of FIR - Held, FIR was lodged after a delay of one day, which could have been utilised to create a false story...........
Constitution of India, 1950, Article 226 -- Challenge to orders of Divisional Canal Officer and Superintending Canal Officer by which Scheme sanctioned for extension and enlargement of existing Minor and construction of new Minor under Northern India Canal and Drainage Act on the ground that it would adversely affect Government Exchequer as lot of money (about 40 lacs)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
Medical negligence -- Removal of uterus consequent upon an ectopic pregnancy in the cervical canal - There was no complaint of any kind of cancer nor was there any such visible proof of the same - Failure to send the uterus and the products of conception after surgery for histopathological examination does not amount to negligence on the part of the respondents...........
Medical negligence -- Removal of uterus consequent upon an ectopic pregnancy in the cervical canal - Allegation of negligence due to the fact that test of ultrasonic was not done and laminaria tent is inserted and allowed to remain inside the cervix for more than four hours repelled...........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Suspension of Sarpanch as a case under Sections 430/379 Indian Penal Code registered against him for unauthorised use (theft) of canal water - Unauthorised use of canal water - Not an offence - Offence alleged, theft (unauthorised use) of canal water - Does not constitute moral turpitude - No suspension can be ordered on..........
Haryana Canal and Drainage Act, 1974, Section 28, 29, 30, 31, 58, Northern India Canal and Drainage Act, 1873, Section 32, 33 -- Unauthorised use of canal water - Not an offence - For unauthorised use of canal water - Enhanced water charges can be charged as per provisions of the Act...........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Suspension of Sarpanch - Unauthorised use (theft) of canal water - Cannot be said to be offence involving moral turpitude or defect of character - Suspension of Sarpanch owing to registration of criminal case under Sections 430/379 I.P.C. for theft of canal water - Illegal...........
