Haryana Panchayati Raj Election Rules, 1994, Rule 69, 70, 66 -- Recount of votes after completion of counting and announcement of result but before result notified - Application maintainable before Returning Officer - Rule 69 provides that no steps shall be taken on completion of counting until candidates and counting agents present have been apprised of the result - After..........
Motor Vehicles Act, 1988, Section 170,173 -- Compensation - Appeal - Maintainability - Appeal held not maintainable against quantum of compensation by insurer, without obtaining leave under Section 170 of the Act, upon invocation of the reservation clause in the policy relating to subrogation...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10 -- A and Section 9 - Civil Court if finds that it has no jurisdiction to entertain and try the suit - Plaint has to be returned for presentation before a proper Court - Dismissal of suit - Illegal...........
Punjab Land Revenue Act, 1887, Section 78, 158 -- Person who claims himself not liable to make payment of land revenue - Cannot file suit in Civil Court without first depositing arrears of land revenue, otherwise jurisdiction of Civil Court barred as per Section 158 - Challenge to order of Revenue Authorities can be made only if arrears of land revenue deposited first and..........
Civil Procedure Code, 1908, Section 34 -- Awarding of interest pendente lite and post - decree (future) interest - Discretion of Court to award interest at lower rate or might even decline interest - Court's discretion has to be exercised fairly, judiciously and for reasons and not in arbitrary manner - Once suit filed in Court - Relationship of parties ceases to be..........
Interest Act, 1978, Section 3, 2(b) -- If no express stipulation for payment of interest - Plaintiff not entitled to interest except on proof of mercantile usage, statutory right to interest or implied agreement to pay interest - Plaintiff where neither proved mercantile usage or implied agreement to pay interest - Entitled to interest in terms of Interest Act, 1978 which..........
Civil Procedure Code, 1908, Section 34 -- Interest Act, 1978, Section 2(b) - Interest - Awarding of or declining of interest pendente lite and post-decree interest - Court's discretion has to be used fairy judiciously and for reasons and not in arbitrary manner - Judgment and decree passed by the Court's below shows no reasons declining interest - The plaintiff held..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 5, 3, 2(e), 2(g) -- Agreement Form LC-IV - Coloniser cannot avoid payment of External Development Charges (EDC) on due dates on the pretext of non-sanction of building plan or non-renewal of licence or failure of competent authority to provide particular facility which forms part of external development..........
Haryana Urban Development Authority Act, 1977, Section 50(2) -- Under Section 50(2) jurisdiction of Civil Court barred - Specific objection taken in written statement - Court decided issue of jurisdiction in favour of plaintiff by holding that defendant did not press the same at the time of arguments - Erroneous - A concession cannot confer jurisdiction in a Court, where..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Deficiency in service - Compensation - Quantum of compensation should be determined and awarded by applying well settled principles of law and on the basis of acceptable evidence made available - Principle of Section 73 of Indian Contract Act will be required to be applied while assessing the claims for damages..........
