Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Rule 4 - - Does not in terms apply to service of notice issued by Appellate Authority - In absence of any other provision (regarding manner of service of notice issued by Appellate Authority) - Service of notice in the manner prescribed by Rule 4 - Can be treated as sufficient - Punjab Public Premises..........
Haryana Panchayati Raj Act, 1994, Section 10(3),2(xpl) -- No-confidence motion - Requirement of two - thirds majority - Seven members of Gram Panchayat, one Sarpanch and one Up-Sarpanch - Panch defined in Section 2(xpl) includes Up-Sarpanch - Number of Panches including Up-Sarpanch comes to eight - Five Panches out of eight do not constitute two - thirds majority -..........
Haryana Panchayati Raj Act, 1994, Section 10(4) -- No - confidence meeting - More than two years after requisition - Violation of provisions of sub-section (4) of Section 10 - Meeting should be convened within a period of 30 days from date of receipt of requisition...........
Haryana Panchayati Raj Act, 1994, Section 10(3) -- Provisions of Section 10 regarding removal of Up-Sarpanch - To be interpreted very strictly - Two - thirds majority - Fraction cannot be ignored - To be treated as one whole...........
Punjab Panchayati Raj Act, Section 175(1) -- Two - thirds majority to remove a Chairman or Vice - Chairman from office - To be calculated with reference to total number (including vacancies) of elected members of Zila Parishad including Panchayat Samitis of the District and not with reference to total number of existing members at the time of passing no - confidence motion..........
Civil Procedure Code, Section 34 -- Mortgage suit - Controlled by Order 34 Rule 11 - Section 34 has no application - Provisions of Section 34 and Order 34 Rule 11 admit no conflict between them - Distinct and different provisions and operate in their own field...........
Environment (Protection) Act, 1986, Section 6 -- Noise - Not a nuisance simpliciter but in given circumstances can cause health hazards - Noise itself is actionable wrong in law and noise causing nuisance in no way outside actionable wrongs - Even if a person has permission from competent authorities to run a factory in the area where people are residing - Implied..........
Criminal Procedure Code, 1973, Section 145, 146 -- Injunction by Civil Court in favour of the petitioner - Proceedings under Section 145 initiated and ordered the attachment of the land and Receiver appointed - Subsequently no, speaking order passed and ordered the Kalendra to be filed - Order cannot be sustained - The proceedings taken by the Magistrate in this case are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Ready and willing - Amendment of plaint sought in appeal - Held, amendment inserting the relevant averments under Section 16(c) of the Specific Relief Act does not change the cause of action and would be legally permissible...........
Negotiable Instruments Act, 1881, Section 138, 118(g), 9 -- Bearer cheque - Dishonoured due to insufficiency of funds - There is presumption under S.118(g) that holder of a negotiable instrument is a holder in due course - Under Section 118(a), there is a presumption that every negotiable instrument was made or drawn for consideration - This presumption is, however,..........
