Appeal -- Right of one appeal - Should always be available to a litigant especially when delay not extraordinary and satisfactory explanation tendered - Limitation Act, Section 5...........
Limitation Act, 1963, Section 5 -- Period of 30 days for filing appeal - Pronouncement of order in the presence of appellant - Contradiction between recording of presence in certified copy of order as well as interlocutory order - Appellant must have acquired knowledge of order when received a notice calling upon him to deposit deficit amount - Limitation for filing appeal..........
Prevention of Corruption Act, 1988, Section 2(c)(ix),13E -- Public Servant - Quashing of FIR - Officers of the Primary Land Mortgage Bank would be covered under the definition of 'public servant' contained in Section 2(c) (ix) of the Act inasmuch as the Primary Land Mortgage Bank is a Society registered under the Haryana Cooperative Societies Act and deals in banking - No..........
Criminal Procedure Code, 1973, Section 468 -- Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3(i) and 10 - Cognizance of offences - Limitation - Quashing of FIR - FIR registered on 8.11.1983 for violation of provisions of Clause (i) of Section 3 of the 1975 Act - Challan submitted on 11.11.1986 - Delay not explained - Continuation of proceedings..........
Land Acquisition Act, 1894, Section 18 -- Once application under Section 18 filed by land owner before Collector - Duty of Collector to refer it to competent Court for its adjudication - Application moved by land owner hopelessly time - barred - No opinion can be given by Collector - Application of land owner received by Collector not complete - Land owner should complete..........
Civil Procedure Code, 1908, Section 115 -- sub-section (1) as amended by Section 32(2)(i) of Amendment Act 1999 and Order 26 Rule 9 - Appointment or refusal to appoint Local Commissioner - Does not finally dispose of suit - Proviso disentitles revision petitioner to any relief...........
Registration Act, 1908, Section 17(1)(vi) -- Decree passed on the basis of admission in written statement of alleged family settlement - Does not require registration - Court given declaration of pre - existing rights in favour of plaintiffs which were created in their favour by virtue of family settlement which had taken place prior to filing of suit - Registration of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Search and seizure - Recovery of 14 bags containing total 490 Kgs of poppy husk lying along side wall of the drawing room - Petitioner alongwith another person found sitting on the cot in the same room - Recovery made is commercial quantity in terms of..........
Criminal Procedure Code, 1973, Section 340 -- 'Court' - Means the Court which initiates the proceeding under this Section and the offence must have been committed in a proceeding in that Court or in relation to such proceeding...........
