Haryana Development and Regulation of Urban Areas Act, 1975, Section 5, 13(3)(a)(iii), 13(3)(a)(ii), 3(1), 3(3) -- Haryana Development and Regulation of Urban Area Rules, 1976, Rule 11B and 26 (2) - Owner of land obtaining license from Director of Country and Town Planning under the provisions of Haryana Development and Regulation Act to set up a colony by carving plots..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 32, 137, 72, 161 -- Judicial review of clemency power of President and Governor - Death sentence awarded to petitioner in a murder case - Governor commuted the death sentence into life imprisonment - Quashing of order - Held, unless the exercise..........
Punjab Police Rules, 1934, Rule 13 7 -- Standing Order dated 8.11.2007 - Lower School Course - An offer was given to the petitioner to undertake the course - The petitioner refused to accept the offer - The reason assigned by the petitioner that he had a disc problem/medical condition is not borne out from the documents placed on record, rather the fact has been disputed -..........
Haryana School Education Rules, 2003, Rule 51(4) -- Termination - Teacher appointed against the aided sanctioned post - Termination in contravention of Rule 51(4) of the Rules as prior approval of the Department was not taken by the Managing Committee and the termination order set aside by the DEO and the same affirmed in appeal - High Court upholding the orders granting..........
Punjab Government National Emergency (Concessions) Rules, 1965, Rules 2 and 4, and -- Military service - Counting of service - Ad hoc appointment - Petitioner joined the military service on 14.2.1957 long prior to the proclaimation of national emergency on 26.10.1962 - He retired from service after putting his military service during the period of emergency - Thereafter..........
Arbitration Act, 1940, Section 8(2) -- Arbitrator - Appointment by Court - Not challenged and allowed to attain finality - Order challenged after award made and award made a rule of Court - Rule of finality comes into play in regard to the order appointing arbitrator...........
Constitution of India, 1950, Article 226 -- Departmental enquiry - Punishment - Dismissal - Judicial review - Dismissal on the charge of getting promotion on the basis of fake diploma/degree - The Enquiry Officer failed to observe the procedure as given in Rule 7 and apparently has given no opportunity to the delinquent employee for defending himself - The evidence which..........
Prevention of Food Adulteration Act, 1954, Section 7(v), 16(a)(i), 20, Criminal Procedure Code, 1973, Section 482, Prevention of Food Adulteration Rules, 1955, Rule 37A -- Pan Masala - Ingredients not shown on the label thus violating Rule 37-A of the Rules - Prosecution for an offence under the PFA Act can only be instituted with the written consent of the Central..........
Civil Procedure Code, 1908, Section 100A, 104, 114, Order 47, Rule 1 -- Application for review u/s 114 r/w O.47.R.1 CPC seeking review of order passed in LP - Held, even an order which is appealed against Order 43 Rule 1 read with Section 104 CPC cannot be assailed in LP in view of prohibition contained under Section 100-A of CPC which in its ambit and sweep covers an..........
Criminal Procedure Code, 1973, Section 433A, 433, 432, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Conviction upheld - Prayer for remission - Petition for remission dismissed - Held, accused may file petition with High Court if he is entitled to benefit of any rule or govt. order for remission of sentence or he can seek redress from appropriate..........
