Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3 -- `Determine' & `sum due' - Meaning - Loan taken from Haryana Financial Corporation - Default in repayment of loan - It is only the `sum due' as determined by the Managing Director which alone is recoverable - This determination cannot be done without notice to the alleged defaulter giving an opportunity of..........
Haryana Panchayati Raj Act, 1994, Section 51(3)(c) - - Removal of Panch (Up - Sarpanch) - Speaking order - Necessary - Before taking extreme step to remove a person from office of Panch - Director or Deputy Commissioner required to pass a detailed and self - speaking order - Order of removal does not disclose details of evidence sufficient to pass order nor whether placed..........
Haryana Panchayati Raj Act, 1994, Section 176 -- Recounting of ballot papers, challenge to - Election of Member Panchayat Samiti challenged - Election - petitioner made a statement and gave up plea with regard to other objections and prayed for deciding election petition on recounting of ballot papers - Position accepted by elected Member and his counsel - Recount of votes..........
Haryana Panchayati Raj Act, 1994, Section 176(4) -- Recount of votes, challenge to - Specific allegations in election petition that there have been illegalities and material irregularities in counting of votes - Margin of only 2 votes - Order for recounting of votes passed in the presence of counsel for the parties - Not challenged - Parties can be taken to have consented..........
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...........
Haryana Canal and Drainage Act, 1974, Section 28,29,30,31 -- Unauthorised use of canal water - Not an offence - For unauthorised use of canal water - Enhanced water charges can be charged as prescribed by Rules - Jawala Ram's case AIR 1962 S. C. 1246 Followed - Northern India Canal and Drainage Act, Sections 32 and 33...........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Proviso - Six months period already elapsed from date of issuance of suspension order in a case not involving moral turpitude - Sarpanch entitled to be reinstated...........
Punjab Village Common Lands (Regulation) Act, Section 13,2(c),2(g) -- as in Haryana State - Suit in Civil Court for permanent injunction against Sarpanch and others restraining them from constructing a Gali through Sehan of property of plaintiff - Interim injunction granted to maintain status quo - Objection that jurisdiction of Civil Court barred under Section 13 - Not..........
Haryana Canal and Drainage Act, 1974, Section 55(2) -- Providing a separate Naka - Partition of joint land between father and sons - Warabandi has to be provided to lands separately after partition...........
Haryana Panchayati Raj Act, 1994, Section 176(4) -- Only two grounds on which election can be challenged are : (1) returned candidate committed a corrupt practice within meaning of sub-section (5) of Section 176 ; (2) some irregularities or illegalities committed during the course of counting on which plea Court may order scrutiny and re-counting of votes and declare..........
