Haryana Ceiling on Lands Holdings Act, 1972, Section 9(1) -- Explanation 1, 9(4)(c) and 3(f) - Wife or other members of family including separate unit on whose behalf landowner filed declaration under Section 9(1) - No right to be heard during course of proceedings for determination of surplus area because they were being represented by landowner who had filed declaration..........
Arms Act, 1959, Section 27(3) -- Arms Rules, 1962, R.3 Sch.I - Use of 9 mm pistol and .38 bore imported revolver - To bring them in prohibited arms, notification is required in official gazette - Administrative order is not sufficient - Conviction u/s 27(3) Arms Act not sustainable in law...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section , Order 39, Rule 1, 2 -- Appellate Court cannot consider appeal against order passed under Order 39 Rules 1 and 2 by trial Court as it was hearing application for the first time - Duty cast upon Appellate Court to first consider material sufficient to reverse finding of prima facie case,..........
Prevention of Food Adulteration Rules, 1955, Prevention of Food Adulteration Act, 1954 -- Quashing of complaint - No proceedings can be quashed merely on account of the sample having been taken on thick paper instead of being taken in a bottle or a jar or any other suitable container in the absence of prejudice being shown - The question whether prejudice is caused to the..........
Education -- Complainant passed the entrance examination for being registered for M. Phil in 1991 - Synopsis on the topic was submitted in June, 1993 - In March, 1995 the case of the complainant was returned on the ground that he has not passed the entrance test held in January, 1995 - Two years of complainant's life attempted to be wasted and in the meanwhile rules are..........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Candidate working as Salesman in Cooperative Society and place of work at a distance of 1 Km from main village - As a regular employee would have to be away from the village most of the time...........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Wrong grounds for ignoring claim of one candidate against the other - Collector concluded that JS had embezzled Society funds while Labour Court duly exonerated him - Commissioner found that SS misbehaved with Bank employees - No specific duly proved serious allegation of misbehaviour or..........
Consumer Protection Act, 1986, Section 10 -- Orissa Consumer Protection Rules, 1988, Rule 3(6) (g) and (h) - President of District Consumer Forum - Removal - Enquiry - Principles of natural justice - Petitioner, President of District Consumer Forum, was made aware of the allegations against him that he has accepted a bribe of Rs. 5000 - In enquiry, he had also given..........
Consumer Protection Act, 1986, Section 10 -- Orissa Consumer Protection Rules, 1988, Rule 3(6) (g) and (h) - President of District Consumer Forum - Removal - Non-service of show cause notice - Non-furnishing of copy of enquiry report - Since no prejudice shown to have been caused to petitioner, non-service of show cause notice or non-furnishing of copy of enquiry report..........
Consumer Protection Act, 1986, Section 10 -- Orissa Consumer Protection Rules, 1988, Rule 3(6) (g) and (h) - President of District Consumer Forum - Removal - Enquiry under the proviso to sub-Rule (6) of Rule 3 of the 1988 Rules is in the nature of domestic enquiry and not in the nature of a criminal trial - Findings of the Divisional Commissioner in enquiry report and the..........
