Limitation Act, 1963, Section 18 -- Income Tax Return, when not treated as acknowledgement - Returns produced in Court but not exhibited - Court left guessing whether Income Tax Returns signed or not - Official of Income Tax Department not produced to depose whether Income Tax Returns signed by any person duly authorised - Conditions for applicability of Section 18 not..........
Limitation Act, 1963, Section 18 -- Prescribes rigid conditions for applicability - Writing in order to amount to acknowledgement to save limitation - Must be signed by parties or by any person through whom he derives his title or liability - Fresh period of limitation shall be computed from the time when acknowledgement so signed - Explanation (b) to Section 18 defines..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Recount of votes - Court not justified in declining recount for the reason that applicant (irrespective of definite averments on verification supported by unambiguous details makes out prima facie case) must lead evidence through detailed enquiry - Detailed enquiry by leading oral and documentary evidence - Neither..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Recount order based on consent of parties - Permissible and legal - Within ambit and scope of Section 176(4)(b) - Party giving consent for recounting of votes - Estopped from challenging correctness of that order on the ground that consent order impermissible in law or otherwise - Consent by parties for recounting or..........
Haryana Municipal Act, 1973, Section 21(3) -- as amended by Haryana Act 18 of 1996 w.e.f. 16.12.1996 - Amendments made in the Act from time to time - Prospective - Would operate during the tenure for which such President or Vice - President remain elected - Amended to incorporate words 'not less than 2/3rd of the elected members' - Expression 'elected members' must be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Scope and ambit - Right of accused to be searched in the presence of Magistrate or Gazetted Officer - S.50 comes into play only in case of search of a person if search is made without prior information as contemplated under S.42 during normal investigation requirement of Section not attracted - It is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Presumption as to Commission of offence on basis of possession of illicit articles - Condition precedent to raise presumption - Presumption must establish that accused was found to be in possession of contraband in search conducted in accordance with mandate of S.50 - Illegal search cannot entitle..........
Haryana Municipal Act, 1973, Section 205(5) -- Rule of deemed sanction of building plan - Cannot be invoked if such sanction may result in violation of any Bye - law or any Building or Town Planning Scheme sanctioned under Section 203 - Rule of deemed sanction of building plan cannot be invoked for compelling competent authority of Municipal Committee to sanction building..........
Will, validity of -- Depriving daughter the sole heir of deceased from inheritance - Important circumstance relevant in determining validity of Will - Registered Will executed in favour of nephews of testator - Parties being agriculturists choice of testator to keep the land within the family not abnormal - Succession Act, Section 63...........
Agreement to sell -- Suit for specific performance - Issue whether agreement to sell had come to an end - Plaintiff had paid 50% of the sale consideration at the time of execution and balance 50% amount was payable after seller's intimation to them by registered post about receipt of NOC and ITC - Besides this defendant had to pay of all dues and taxes to convey a valid..........
