Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Joint submission of parties that public documents not considered by trial Court and it should be considered by appellate Court - There was no necessity of remanding the matter - Order of remand set aside - First Appellate Court to decide case itself...........
Vehicle finance -- Repossession of vehicle by use of force by financier, for which loan has been given by it - Held that this is unlawful and unethical procedure - It can be said to be against public policy and also against the protection of public interest...........
Constitution of India, 1950, Article 243ZA, Punjab Municipal Corporation Act, 1976, Section 7A, 8(2) -- Delimitation of Wards Municipal Corporation Order 1995, clauses 6 & 8(2) - Delimitation of Wards - Principles - Shall be done as for as practiable by making geographical compact area - Due regard shall be given to physical features like facilities of communication and..........
Specific Relief Act, 1963, Section 37 -- Trespasser - Injunction on the basis of possession - Evacuee property - Unauthorised occupation - Eviction proceedings under Act of 1972 - Collector ordered eviction - Appeal and writ petition dismissed - Possession taken by State - Re-occupation of property after eviction - Suit for permanent injunction on the basis of possession...........
Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 2(c) -- Absence of individual complaint alleging cheating - Irrelevant when offence affects public at large. (Indian Penal Code, 1860, Ss.415 & 420)...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Public servant - Illegal gratification - Sanction for prosecution - Non examination of sanctioning authority - Plea as to relevant records not placed before Board - Adverse conclusion that relevant records were not produced before Board cannot be drawn in absence of indicating basis for such a conclusion - Order of..........
Constitution of India, 1950, Article 142, Partition Act, 1893, Section 3, Civil Procedure Code, 1908, Order 20, Rule 19 -- Partition - Preliminary decree attained finality - Commissioner found that partition by metes and bound cannot be made - Sale of property by public auction - Offer of higher price - Respondent No. 1 is an assignee from some of the co-sharers after the..........
Constitution of India, 1950, Article 142, Partition Act, 1893, Section 3, Civil Procedure Code, 1908, Order 20, Rule 19, Suit for partition -- Preliminary decree attained finality - Plaintiff/Bank have 83 out of 124 shares - Sale of property by public auction - Plaintiff did not seek to enforce its rights to buy the rights of the other co-sharers in terms of Sec. 3 of the..........
Haryana Panchayati Raj Act, 1994, Section 175(1)(n) -- Illegal Possession - Disqualification of Sarpanch - Permanent construction over shamlat land - Removed much prior to election of Sarpanch - Sand & Rori found on shamlat land - Cannot be termed as encroachment - Public having access to shamlat land - Sarpanch cannot be removed u/s 175(1)(n) for illegal possession of..........
Criminal Procedure Code, 1973, Section 200, 190 -- Complaint in writing by a public servant acting or purporting to act in the discharge of his official duties - Magistrate need not examine the complainant and the witnesses...........
