Specific Relief Act, Section 38 -- Suit for perpetual injunction - Not affected by provisions made under Section 91 Civil Procedure Code - Sub - section (2) of Section 91 Civil Procedure Code itself lays down that nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions - Civil Procedure Code,..........
Specific Relief Act, Section 38 -- Suit for permanent injunction restraining defendant from interfering with plaintiff's peaceful enjoyment of street or from raising any construction so as to obstruct use of said street on the side of his house - Objection that suit not maintainable as suit for injunction filed without complying with requirement of Section 91 Civil..........
Criminal Procedure Code, 1973, Section 164 -- A witness cannot, on his own motion, approach a Magistrate with a request that his statement may be recorded under Section 164 - Magistrate has no power to record statement of such a stranger u/s 164 Cr.P.C...........
Punjab Municipal Corporation Act, Section 269 -- Before process of demolition starts - Notice as required by first proviso to sub - section (1) of Section 269 is to be given to aggrieved persons - Reply to notice if found to be not satisfactory - Competent authority can reject claim of affected party - Aggrieved persons can prefer appeal under sub - section (2) of Section..........
Punjab Co -- operative Societies Act, Section 19(2) - A member of Primary Society (President) empowered by Managing Committee by means of resolution to attend and participate in the meeting and election of Central Bank - Fact that he ceases to be member or President of Managing Committee of Primary Society - Cannot in law be a ground for cessation of his status as Director..........
Punjab Co -- operative Societies Act, Section 19(2) - Membership of a Primary Co - operative Society - A condition precedent to individual being elected as a member of Managing Committee, President or Vice - President of the Society, nomination to Central or Apex Society and election to President or Managing Director of a Central Co - operative Society or Apex Society, as..........
Punjab Co -- operative Societies Act, Section 19(2) - A substantive provision which gives right to every member of a co - operative society to exercise the right to vote personally - All other Rules framed under the Act or Bye-laws of the Society must fall in conformity to this provision - Managing Committee of a Co - operative Society is competent to appoint, in terms of..........
Food Corporations Act, 1964, Section 3, 42, 43 -- Food Corporation of India clothed with attributes of a company by sub - section (2) of Section 3 - A distinct entity from Union of India - Not a Government Department - Corporation has individuality apart from that of Government - Not exempt from taxation under Article 285 of Constitution...........
Haryana Panchayati Raj Act, 1994, Section 53 -- Order of BD& PO asking Sarpanch to deposit specified amount in Panchayat fund - Order does not contain the provision under which it has been passed - Even if order taken to have been passed under Section 53 - Order supposed to contain facts establishing that order within limitation prescribed by sub - section (5) of Section..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Accused convicted - Matter posted to next day for the presence of the accused so as to hear him on the question of sentence - Accused failing to turn up and non bailable warrant issued - Petition under Section 482 moved by accused before High Court which stayed arrest - Not justifiable - High Court intervened..........
