Haryana Panchayati Raj Act, 1994, Section 175(1)(q) -- Sarpanch - Disqualification for holding post - Removal from the post of Sarpanch on the birth of 3rd child - One child given in adoption by way of registered adoption deed - Does not remove the disqualification - Sarpanch rightly removed for the post - Javed's case, AIR 2003 SC 3057 relied...........
Hindu Succession Act, 1956, Section 8 -- Right of Reversioners - Decree of declaration passed that the sale by father not binding on the reversionary right of the plaintiff - Suit for possession on the basis of the said declaratory decree - Relying on Giani Ram case AIR 1969 SC 1144 held that a decree for a declaration obtained by one of the reversionar would ensure..........
Succession Act, 1925, Section 263 -- Probate - Revocation - Revocation of grant of probate can be made when it is found that it was done without citing parties who ought to have been cited - Citation has to be issued unless the party or parties who has acquiesced and/or waived by necessary act and conduct and stood by to see that probate was being granted - Citation issued..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Carriage by Air Act, 1972, Schedule II Rule 22 - Air carriage - Baggage loss - Specific provision under the 1972 Act which provides for the maximum limit of payment of compensation @ 20US$ per Kg. subject to maximum of 20 Kgs. - Respondent-complainant held entitled to an amount equivalent to 400 US $ instead of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Carriage by Air Act, 1972, Schedule II Rule 22 - Air carriage - Baggage loss - Specific provision under the 1972 Act which provides for the maximum limit of payment of compensation @ 20US$ per Kg. subject to maximum of 20 Kgs. - Respondent-complainant held entitled to an amount equivalent to 400 US $ instead of..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Matter directly and substantially in issue - Previous suit for injunction - No issue regarding execution of agreement - No finding qua the execution of agreement and earnest money - Subsequent suit for recovery or alternative specific performance of agreement - Issues in both suits enterely different - Previous suit..........
Land Acquisition Act, 1894, Section 23, 30(2) -- Benefit of enhanced solatium and interest - Effect on pending appeals in the High Court and Supreme Court Solatium enhanced to 30% in place of 15% solatium - Interest enhanced from 6% to 12% - Benefit of enhanced solatium & interest to be confined to appeals against the Award of Collector and or of Court rendered between..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unfit and unsafe for human habitation - Building more than 80 years of age - Premises not having any light or air - Outer wall out of plumb - Roof pattern different in the roof which is suggesting that roofs have been relaid at subsequent stages - Concurrent finding that condition of building is unfit and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim order - Judgment in respect of same property albeit between some parties - Relevant piece of evidence at the stage of passing order in an application under Order 39 Rule 1 & 2, to determine prima facie case - Sahu Madho Das's case AIR 1955 SC 481 & Amalgamated Coalfield's case AIR 1964 SC 1013 relied...........
Punjab Municipal Act, 1911, Section 35 -- Extra ordinary powers of President and Vice President in case of Emergency - Office authorising Executive Officer to file appeal - Subsequent resolution by Municipality approving the office order - Plea regarding non maintainability of appeal for want of resolution, not tenable - Filing of appeal rectified by subsequent resolution..........
