Punjab Co-operative Societies Act, 1961, Section 13 -- Amalgamation - Co-operative Society can be amalgamated by a resolution passed by 2/3rd majority of the members present and voting at a general meeting - Out of 1000 members only two members (petitioners) objected to the amalgamation - Objections filed by them duly considered by competent authority - Objecting members..........
Constitution of India, 1950, Article 226, 227, Punjab Municipal Act, 1911, Section 22 -- No confidence Motion against President - Resolution challenged on the ground that before conducting of the meeting, President was abducted and could not participate in the same - Contention involved disputed questions of fact - No finding can be given in writ jurisdiction...........
Punjab Municipal Act, 1911 -- Section 28 - No confidence Motion against President - Resolution passed against President of Municipal Committee with full majority - Challenged on the ground that President alone is competent to preside over the meeting and in his absence meeting should have been postponed - Contention Rejected - In the absence of President, the Vice..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation entered in favour of the respondent on the basis of Civil Court decree - Rejected by AC-1 grade - Appeal dismissed by Collector - Commissioner set aside the orders - Sanctioned mutation on the basis of decree - Civil suit challanging said decree allowed by Trial Court - First Appellate Court set aside the judgement and..........
Punjab Municipal Act, 1911, Section 35 -- Extra ordinary powers of President and Vice President in case of Emergency - Office authorising Executive Officer to file appeal - Subsequent resolution by Municipality approving the office order - Plea regarding non maintainability of appeal for want of resolution, not tenable - Filing of appeal rectified by subsequent resolution..........
Land Acquisition Act, 1894, Section 16, 31, 48 -- General Clauses Act, 1897, Section 21 - Bangalore Development Authority Act, 1976, Section 13 & 38 (C) - Reconveyance/restoration of acquired land - Land acquired by Board / Authority - Amount tendered and paid - Possession taken over - Land vested in the State/Authority - Acquisition process stood completed - Resolution by..........
Civil Procedure Code, 1908, Section 89, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131 -- Disputes - Settlement outside Court - Model Alternative Dispute Resolution and Mediation Rules - Draft rules finalised by Justice Jagannadha Rao Committee - High Courts to examine those rules expeditiously and to finalise within a period of four months...........
Panjab University Act, 1947, Section 21 -- Regulations of Panjab University, Regulation 10.2 - Appeal - Competency to file by Registrar - Plea that Registrar of the University was not competent to file the appeal without any specific resolution having been passed by the Senate - Held that if the action of the Registrar of filing the appeal is ratified even though the said..........
Evidence Act, 1872, Section 116, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Tenant or a person claiming through such tenant cannot deny title of landlord - A tenant cannot be permitted to change the nature of his possession - Person entering as a lessee of the Panchayat by way of a resolution, paying rent as per entries in the revenue record and..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of complaint - Quashing of complaint sought on the ground that petitioner ceased to be Director of company with effect from 18.5.2003 - Cheque bounced on 25.6.2003 - Complainant seriously disputed the genuineness of..........
