Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Election petition challenging election of Sarpanch of Gram Panchayat - Application also filed for recounting of votes and same allowed vide impugned order - No request was made to the Returning Officer immediately after election for recounting of votes - Held, in such situation recounting cannot be ordered by Court...........
Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Haryana Panchayati Raj Election Rules, 1994, Rr.65, 66 - Election to the office of Sarpanch - Recounting of votes sought with allegations that 15 - 18 votes have been rejected because of light stamp impression for which voters cannot be faulted with - Elected candidate gave consent to re-counting in cross-examination -..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Recounting of votes - Does not mean numerical counting - In the process, the person concerned is certainly entitled to scrutinise the votes and see as to whether the votes polled have been actually counted and also as to whether certain votes, which were wrongly rejected, have been taken as valid votes and on the other..........
Indian Penal Code, 1860, Section 176, Railways Protection Force Act, 1957, Section 17, Criminal Procedure Code, 1973, Section 167 -- Non completion of investigation within 60 days from date of arrest of accused - Magistrate issuing show cause notice and not satisfied with the reply initiating proceedings u/s 176 IPC and S.17 RPF - Offence not covered u/s 176 IPC - Fact..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(a), 176(4)(b) -- Election of Sarpanch - Total 2329 votes polled - 185 votes declared invalid - 2144 votes found to be valid - Returned candidate secured 612 votes - Defeated candidate secured 588 votes - Election petition - Pleas regarding irregularities and illegaties committed during course of election and also counting..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(a)(iii) -- Improper reception, refusal or rejection of votes - Election for the office of the Sarpanch - Returned candidate secured to 281 votes - Defeated candidate secured to 280 votes - Election petition - Recount of votes - Returned candidate on recount secured 278 votes and defeated candidate 287 votes - Election..........
Contract Act, 1872, Section 172, 176 -- Car finance - Default in repayment of loan - Financier cannot take possession of security i.e. car, without intervention of Court. (Sale of Goods Act, 1930, S.4)...........
Haryana Panchayati Raj Act, 1994, Section 176, Haryana Panchayati Raj Election Rules, 1994 -- Recounting of Votes - Application for recounting of votes making vague assertions without any reference to any material particulars - Recounting cannot be ordered on mere asking and in a routine manner - For recounting the applicant should make out a prima facie case and their..........
Criminal Procedure Code, 1973, Section 176, 154 -- Enquiry by Magistrate u/s 176 Cr.P.C. is in addition to the investigation which is to be conducted u/s 154 Cr.P.C. and not a substitute thereto - Any adjudication u/s 176 Cr.P.C. in no way decides the rights of the parties and cannot be substituted for the trial...........
Contract Act, 1872, Section 176 -- Bank loan for purchase of vehicle - None payment of instalments - Bank seized vehicle - Notice given by Bank to make payment of the entire amount within fortnight failing which vehicle seized will be auctioned - Vehicle neither released/returned nor auctioned by Bank for about 2 & 2-1/2 years - Bank filed suit for recovery of amount -..........
