Haryana Municipalities Act, 1973, Section 9(ii), (iii), Constitution of India, 1950, Article 243R(a) -- Issuance of fresh notification - No required as per Art.243R as MP/MLA hold office as nominated members of municipality by virtue of their being members of Parliament and Legislative Assembly...........
Haryana Panchayati Raj Act, 1994, Section 176(4) -- Equality of votes - If equality of votes is found to exist between any candidate and addition of one vote entitled any of candidates to be declared elected, one additional vote shall be added to total number of valid votes found to have been received in favour of such candidate/candidates, as case may be, elected by lot..........
Haryana Panchayati Raj Act, 1994, Section 176(4) -- Equality of votes - Even though tinkering of ballot cannot be permitted and recount cannot be ordered in routine, but in terms of S.176(4) of Act, draw of lot can be held in presence of Judge in manner which may be determined - Trial Court directed to conduct draw of lot afresh in accordance with law...........
Motor Vehicles Act, 1988, Section 149 -- Permit - Truck was being operated in State of Delhi through it has permit only for State of Haryana will not constitute violation of condition of permit as insurance company has not able to establish that vehicle was being used for purpose not allowed by permit - No illegality in fastening liability upon Insurance Company...........
Medical Council of India Act, 1956 -- Reimbursement - Private hospital is not on approved list of hospitals of Government of Haryana - Nature of emergency should not always be viewed only from angle of Government but should be viewed from angle of patient as well - Pain of gall bladder stone, on feels like dying and therefore going to nearest hospital although not with..........
High Court Establishment (Appointment and Conditions of Service) Rules, 1973 -- Clerks - Directions issued to Registrar General of Punjab and Haryana High Court that to immediately initiate steps for framing seniority lists in each cadre of service in establishment of Court and towards this end following steps may be taken, in addition to what may be conceived fair and..........
Haryana Civil Services (Assured Career Progression) Rules, 1988, Rule 19 -- Provides for overriding effect of said ACP rules over CSR and PFR so far as these inconsistent with said ACP Rules...........
Haryana Civil Services (Assured Career Progression) Rules, 1988, Rule 16 -- Haryana Civil Services Rules, Volume I, Part I, R.4.4(C)(i) - When pay of petitioner was fixed w.e.f. 01.01.1996 in view of R.16 of ACP Rules, date of increment will not change - It is not case where petitioner was appointed to higher post - There R.4.4(C)(i) of HCS was wrongly applied...........
Haryana Urban Development Authority Act, 1977, Section 50, Civil Procedure Code, 1908, Section 89 -- Resumption - Once counsel for appellant on instructions from his client has suffered statement to pay entire outstanding amount then matter can be resolved by invoking provision of S.89 of CPC instead of relegating the application to avail alternative remedy...........
Haryana State Central Co-operative Bank Staff Service (Common Cadre) Rules, 1975, Rule 31(3), Haryana Co-operative Societies Act, 1984, Section 115 -- Lacuna occurred while passing order of Revisional Authority holding that Registrar is not Competent Authority to decide appeal - From that state, matter is remanded to be re-examined - Order of Appellate Court and Revisional..........
