Interest -- Pronote - Excess rate of interest of 24% mentioned therein - In case the Court comes to the conclusion that interest stipulated in the instrument is excessive, it is within its authority to award interest at a lower rate - Excessive means what the Court deems it so - Held, trial Court was justified in awarding 12% interest upto the date of decree and 6% after..........
Constitution of India, 1950, Article 226, 227 -- Criminal Procedure Code, 1973 - Section 482 - Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 4 - Furlough - Temporary release can be denied to a prisoner only in the event where his release would endanger the security of the State or maintenance of public order. But the mere fact that the release of..........
Consumer Protection Act, 1986, Section 11(2)(c), 14 -- Territorial Jurisdiction - Car - Booking of - The amount of initial deposit for the car was remitted to appellant 1 at Ambala - Complaints filed before various District Forums in Haryana for refund of money allowed - Preliminary objection regarding territorial jurisdiction - The order of District Forums set aside..........
Criminal Procedure Code, 1973, Section 482 -- Haryana Good Conduct Prisoner's (Temporary Release) Act, 1988, Section 3(1)(b), 3(2)(b) and 3(2)(c) - Parole - The executive instructions issued by the department against the grant of parole on more than one occasion for the purpose specified in Section 3(1)(b) cannot be made a ground to deny the benefit of parole to the..........
Haryana Municipal Election Rules, 1978 -- -Notice of no-confidence motion-Clear notice of 15 days-Must be given-Notice issued on 17th April despatched on 19th April received on 21st April for meeting convened on 2nd May- Relevant date for computation of 15 days notice-Date of receipt of notice-Notice to convene meeting on 2nd May-Cannot be held to be a meeting after a..........
Haryana Municipal Act, 1973, Section 13A, 14Disqualification -- of member-Cannot be forbidden. - after holding him to be disqualified under ,S. 13-A-Participation - State Government removed a member under ,S. 14 - with State Government under ,S. 14-Unless - on account of number of children-Power of removal of member on account of disqualification under ,S. 13-A..........
Constitution of India, 1950, Article 226, 227 -- Criminal Procedure Code, 1973, Section 482 - Haryana Good Conduct Prisoners Temporary Release Act, 1987, Section 3 - Parole - Counting of period towards sentence - Direction issued that the period spent on parole by the petitioner be counted towards his actual sentence, but it shall not be counted towards the total period of..........
Punjab Village Common Lands (Regulation) Act, Section 7 -- as amended in Haryana State - Gram Panchayat filed application alleging encroachment by petitioner upon a portion of Panchayat land - Petitioner claimed that land said to be encroached belongs to him - Question of title arises - Remedy available to petitioner to file petition under old provisions of Section 13 - A..........
Haryana Urban Development Authority Act, 1977, Section 30, 15 -- Discretionary quota allotment of residential plots by Chief Minister-Rightly cancelled by Full Bench of High Court in Anil Sabharwal's case 1997 (1) PLJ 385-Accountability of Authorities responsible for making those arbitrary allotments - Needs to be examined after their identity is fixed - Full Bench of High..........
Haryana Urban Development Authority Act, 1977, Section 30, 15 -- Discretionary quota allotment of residential plots by Chief Minister-No infirmity in Full Bench judgment of High Court in Anil Sabharwal's case 1997 (1) PLJ 385 insofar as it relates to cancellation of allotments which have been made and the basis of cancellation-Expedient that any remaining allotments of the..........
