Constitution of India, 1950, Article 324, Representation of the Peoples Act, 1951, Section 59 -- Biennial election to Council of States - Allegation of use of money and horse trading - Cancellation of election notification ordered by Election Commission on basis of substantial piece of evidence - Petitioners who challenged decision of Election Commission, are not entitled..........
Constitution of India, 1950, Article 226 -- Public interest litigation - Against decision of Election Commission rescinding election notification on allegation of use of money power and horse trading - Locus standi - Petitioner, a member of a political party - Petitioner himself admitted that money was used for election shamelessly and without fear - Petitioner failed to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Stay of proceedings - Provisions of 13-B of East Punjab Urban Rent Restriction Act, 1949 extended to Chandigarh as per notification dated 09.10.2009 - Notification challenged before High Court - Writ petition dismissed by High Court - Said matter is pending before Apex Court - Notification not stayed..........
Land Acquisition Act, 1894, Section 11A -- Award to be made within a period of two years - Notification u/s 6 of the Act was made before introduction of the provision and award was made after coming into force of the provision - Period of two years commences from the date when provision came into force - In computing the period of two years, the period during which the..........
Interpretation of statutes -- Fiscal statute - Exemption notification - To be interpreted strictly in light of words employed by it and not on any other basis...........
Central Excise Act, 1994, Section 5A -- Notification No.8/97-CE, dated 1.3.1997 - Export & Import (EXIM) Policy 1997-2002, Para 19 - Benefit of exemption notification - Availability - Assessee 100% export oriented unit (EOU) - Manufacturing finished goods from raw material purchased from another EOU - Cannot be denied benefit of notification on ground that raw material..........
Punjab Land Revenue Act, 1887, Section 32 -- Preparation of record-of rights or its revision - Power of Commissioner - Held, S.32 of the Act empowers Commissioner to direct, by way of notification, for preparation of record-of rights or its revision, as the case may be, if it appears to him that the record-of-rights of an estate does not exist or the existing..........
Indian Penal Code, 1860, Section 323,504,506 -- Offence u/ss 323, 504 and 506 IPC - Charge sheet and summoning order challenged on ground that offences are non cognizable yet Magistrate has taken cognizance - Notification declaring S.506 IPC a cognizable offence upheld in a judgment rendered by Full Bench - Petition dismissed in view of law laid by Full Bench...........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition for Housing Society - Agreement entered into between six societies and their respective agents - One of the conditions was payment of huge amount by the society to the agent in consideration of which the agent had to get the preliminary and final notification issued by the Govt. - Agreement opposed to public..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition for housing society - Absence of framing of housing scheme by society and securing its approval from State Govt. - Directions given by Deputy Commissioner to issue S.4(1) notification cannot be treated as State Government's approval of housing scheme...........
