Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 4, 5, 7, Punjab Village Common Lands (Regulation) Act, 1961 -- Tenant vis-a-vis unauthorised occupant - Lease of Shamlat land - Eviction of unauthorised occupant of public premises - Gram Panchayat filed ejectment petition - Occupant of land claiming tenancy at will under Gram Panchayat -..........
Haryana Panchayati Raj Election Rules, 1994 -- Re-count of votes - Election petition challenging election to the post of Member Panchayat Samiti - Election tribunal ordering recount of votes - Order challenged in writ petition by Elected Candidate - Application for recount by returned candidate to Returning Officer after pronouncement of result - No order passed by..........
Arbitration Act, 1940, Section 30 -- Arbitration award - Made rule of Court - High Court erroneously took upon himself to sit as a Court of appeal and disturbed the finding of fact - View taken by High Court cannot be sustained - Order passed by High Court set aside and the decree passed by trial Court making the award rule of Court restored...........
Constitution of India, 1950, Article 226 -- Central Industrial Security Force Rules, 2001, Rules 46, 46(2) , 46(3) - Punishment - Appeal - Second departmental appeal - Alternative remedy - Writ jurisdiction - Maintainability of writ petition - Appeal lies under Rule 46 to the authorities specified in the note (ii) under Rule 46(2) where any penalty has been imposed upon..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Sale deed to be executed on 10.7.96 - Suit for permanent injuction filed before the stipulated date - Subsequent suit for specific performance - Right to enforce specific performance accured only after date stipulated for execution of sale deed - Suit not barred under Order 2 Rule 2...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction of High Court - Exercise of power u/s 482 is an exception and not the rule - Provision of S.482 envisages three circumstances under which inherent jurisdiction may be exercised namely, (1) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise..........
Haryana Civil Services (Assured Career Progression) Rules, 1998 -- ACP scales - Stepping up of pay - Group `D' employees promoted on Group `C' post - Given ACP scale after completion of 20 years meant for Group `D' though promoted as Group `C' employee - Junior group `C' employees who were recruited direct given ACP scale meant for Group `C' which was higher - Claim for..........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles laid down by Supreme Court : (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration; (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration; (iii) Court has to scrutinise..........
Service -- Date of birth - Correction - Not to be allowed by keeping in view only the public servant concerned - Should only be allowed when evidence is conclusive in nature and when there is real injustice to the person concerned and that too if claim is made within time fixed by any rule or order and in case there is no such rule or order then such application must be..........
Civil Procedure Code, 1908, Order 23 -- No appeal is maintainable against a consent decree having regard to the specific bar contained in S.96(3) CPC ; (ii) No appeal is maintainable against the order of the court recording the compromise or refusing to record a compromise in view of deletion of clause (m) Rule 1 Order 43 CPC; (iii) No independent suit can be filed for..........
