Consumer Protection Act, 1986, Section 13(2),(a) -- Section 13(2) (a) of the Act does not restrict the right to file a detailed reply after filling a short reply raising preliminary objection about the maintainability of complaint...........
Haryana Panchayati Raj Act, 1994, Section 51(1)(b) -- Expression `after giving him adequate opportunity to explain' - Not defined in the Act - Grave consequences flow from order of suspension - Director or Deputy Commissioner duty bound before ordering suspension of Sarpanch or Panch during course of enquiry to give a reasonable opportunity to him/her to explain..........
Haryana Panchayati Raj Act, 1994, Section 51(1)(b) -- Suspension order - No explanation as to why ignored reply filed to controvert allegations and no material placed on record in support of allegations - No tangible material before Officer which could justify suspension - Exercise of power under Section 51(1)(b) vitiated due to arbitrariness and non - application of mind..........
Haryana Panchayati Raj Act, 1994, Section 51(1)(b) -- Suspension order passed assuming whatever mentioned in report as gospel truth without even making a reference to detailed reply filed to controvert allegations and assertion that complaint motivated and findings recorded in preliminary inquiry report not based on correct facts - Violative of Section 51(1)(b) - Quashed -..........
Civil Procedure Code, 1908, Section 100(4) -- Second appeal - Non - compliance with Section 100(4) by High Court - Defeating the purpose sought to be achieved by amendment...........
Penal Code, 1860, Section 304B -- Evidence Act, 1872, Section 113-B - Dowry death - Deceased dying within six months of her marriage in the house of her in-laws - Medical opinion showing the burn injuries are post-mortem while the strangulation act is ante-mortem - Death otherwise than normal circumstances - Deceased subjected to cruelty in connection with the demand of..........
Haryana Panchayati Raj Act, 1994, Section 51(1)(b) -- Suspension of Sarpanch - Principles of natural justice - Respondent have neither explained as to why he ignored the reply filed by the petitioner nor placed any material or evidence on record to prima facie show that petitioner had violated the provisions of the schemes - The order of suspension held violative of..........
Punjab Land Revenue Act, 1887, Section 118, 13 -- Ambit and scope of Section 118(3) - Option to applicant for partition dissatisfied with original or appellate order to withdraw from partition proceedings - Option in addition to right of parties to file appeal under Section 13 - Not in derogation of right of appeal - Applicant for partition not precluded from filing appeal..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Delay - Party aggrieved should move appropriate authority for relief within a reasonable time - Reasonable time - Question to be decided on facts of each case - Even when 'no limitation' prescribed for moving application under Section 42 - Cannot be understood as enabling party..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 18,22(g),31, Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Civil - Pecuniary jurisdiction - Ex parte decree - Setting aside of - Ex parte decree passed by the civil court for more than Rs.10 lakhs in a suit filed before it by Bank in which claim was for less than 10 lakhs - Application for..........
