Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Remedy with the defendant - Defendant proceeded ex-parte after notice and appearance on his behalf - Defendant absented himself - Defendant has no remedy to file application under Order 9 Rule 13 CPC - Remedy is to file an appeal - It will be for the appellate court to decide whether defendant..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 44 -- East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 - Delay - Condonation - Application u/s 42 of the Act to be made within six months of the date of order against which it is filed - Under the second proviso to R.18 competent authority..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1), 23(2) -- Protection of Women From Domestic Violence Rules, 2006, R.12(3) - Rule 12(3) pertains only to the final order passed u/s 23(1) of the Act and not to the ad interim order passed u/s 23(2) of the Act...........
Punjab State Cooperative Housing Federation Service Rules, 1976, Proviso, Rule 13 -- Disciplinary proceedings - Continuation after superannuation - Punishment - Cut in pension - No provision in Rules of 1976 providing for continuation of enquiry beyond the period of superannuation - Inflicting of punishment after superannuation held to be contrary to law - The recovery..........
Consumer Protection Act, 1986, Section 21 -- Civil Procedure Code, 1908, Order 23 Rule 1 - Complaint maintainability - Withdrawal of complaint unconditionally - Special Civil Application before High Court in which liberty granted to file civil suit - Though the provisions contained in CPC do not apply to Consumer Fora, still the provision contained in said Order 23 Rule 1..........
Punjab State Agricultural Marketing Board (Class III) Rules, 1989, Rule 8 -- Promotion - General wing - Engineering wing - Executive instructions - Bifurcation of cadre - Post of Clerks - Legitimate expectation - Principles of natural justice - Once the rules regarding promotion provided in the general wing and the engineering wing were silent, then it was open to the..........
High Court Establishment (Appointment and Conditions of Service) Rules 1973, Rule 18(4), 24 -- Promotion - Experience - Petitioner prematurely retired and subsequently order recalled and he was allowed to join duty - Intervening period ordered to be treated as period spent on duty for all purposes and intents - Petitioner seeking notional promotion on higher post on which..........
Contempt of Courts Act, 1971, Section 2(a) -- Recruitment of teachers - State Govt. gave undertaking to accommodate trained teachers in vacant posts - Change of policy regarding appointment of primary teachers - State Govt. cannot resile from its earlier undertakings and profess change of policy for not giving effect to said undertakings - Instead of issuing rule of..........
Constitution of India, 1950, Article 311(1) -- Punishment - Dismissal - Plea that petitioner was promoted to the post of Sub - Inspector by DIG but order of dismissal passed by Superintendent of Police hence the impugned order illegal - The appointing authority of ASI and SI is Superintendent of Police as provided under Rule 12.1 of the Rules - Superintendent of Police is..........
