Haryana Panchayati Raj Act, 1994, Section 51(1)(b) -- Expression `after giving him adequate opportunity to explain' - Not defined in the Act - Grave consequences flow from order of suspension - Director or Deputy Commissioner duty bound before ordering suspension of Sarpanch or Panch during course of enquiry to give a reasonable opportunity to him/her to explain..........
Haryana Panchayati Raj Act, 1994, Section 51(1)(b) -- Suspension order - No explanation as to why ignored reply filed to controvert allegations and no material placed on record in support of allegations - No tangible material before Officer which could justify suspension - Exercise of power under Section 51(1)(b) vitiated due to arbitrariness and non - application of mind..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - No express order - Even then it can be presumed that delay was condoned if in the facts and circumstances leading to the order gives an indication that the Court had applied its mind to the application for the condonation of delay and was convinced that the delay had been convincingly explained...........
Criminal trial -- Judicial order - Use of cyclostyled form - Held, every judicial act contemplates a judicial performance and it cannot be achieved by mechanical process by utilising a cyclostyled form - Magistrate has to apply his mind and has to write the judicial order himself or has to be got typewritten under his supervision - If order is typewritten the same should..........
Limitation Act, 1963, Section 12(2) -- Language of sub-section (2) of Section 12 couched in a form mandating time requisite for obtaining copy being excluded from computing period of limitation - Easier way - To find out period of limitation prescribed and then add to the time requisite for obtaining copy (date of application for copy and date of delivery, both included)..........
Criminal Procedure Code, 1973, Section 439 -- Bail - High Court while exercising its jurisdiction u/s 439 Cr.P.C. is not acting as a court of appeal or court of revision over the order of the Sessions Court - The High Court should keep in mind, while hearing the application for bail, the factum of the prayer having rejected by the Sessions Court and the reasons therefor..........
Application of mind -- If the authority competent to take a decision takes a decision mechanically and not after applying his mind, such a decision has no existence in the eye of law...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Challenged on ground that satisfaction of detaining authority was based on misreading of statements and evidence - Detenu arrived from Singapore and attempted to pass through green channel - His baggage was found containing imported electronic goods worth..........
Preventive detention -- Judicial Review - Held that no doubt courts exercising powers of judicial review do not consider the challenge to an order of detention, as if on an appeal reappreciating the materials, yet since an order of detention in prison involves the fundamental rights of citizen, freedom of movement and pursuit of normal life and liberty, no absolute..........
Criminal Procedure Code, 1973, Section 397 -- Conviction - Revision against - Some brief indication by which application of mind may be traceable to affirm an order is certainly required...........
