Haryana Panchayati Raj Act, 1994, Section 175(l)(q) -- Constitutional validity of - Section 175(l) (q) enacted to curb menance of population growth by imposing certain restrictions, in the shape of disqualifications on the members of local bodies such as Panchayati Raj and Municipalities, to hold the office - Vires upheld by Division Bench in Lala Ram v. State of Haryana..........
Stamp Act, 1899, Section 9(1)(a) -- Haryana Government Notification dated August 11, 1995 - Stamp duty remitted on sale deeds executed in favour of farmers whose land acquired by Haryana Government for public purpose and who purchase agricultural land in State of Haryana within one year of receipt of compensation - Date of purchase of land out of compensation money -..........
Consumer Protection Act, 1986, Section 14 -- Allotment of House - Eligibility for applying - Complainant's husband employee of State Bank of India posted in Union Territory of Chandigarh - Cannot be equated with the employees of Central Government or a Board or a Corporation owned or controlled by the Central Government working under the control or supervision of Haryana..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 7(1), 9, 10, 2(o) - - Sale of plots by sub-dividing land into plots for residential/industrial/commercial, without obtaining licence from Director Town and Country Planning - Can be prosecuted if prima facie established that land sold within 5 Kilometres of municipal limits - Sale effected much prior to..........
Criminal Procedure Code, 1973, Section 482 -- Charge against accused already framed - Once glaring illegality comes to notice of High Court - Nothing prevents High Court from invoking extraordinary powers - Prima facie no offence committed of which charge sheeted - By framing charge serious prejudice caused - F.I.R. and charge quashed. Editorial Note. - S.L.P. Criminal No...........
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..........
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..........
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 -- Government's powers to give directions to HUDA-Not unfettered-View taken by Division Bench in S. R. Dass's case 1988 PLJ 123 that powers vested in State Government under the Act unlimited-Disapproved-Supreme Court in Special Leave Petition No. 10062 of 1988 decided on 12.9.1989 against the decision of..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8(1), 12(3) -- Land declared surplus under Punjab Security of Land Tenures Act-Remained unutilised under the Punjab Act-Land in excess of permissible area transferred before 30.7.1958-Became protected from being declared surplus after coming into force of Haryana Ceiling Act-Could not have got vested in State Government..........
