Gujarat Municipal Act, 1963, Section 6,33 -- Gujarat Municipalities (Reservation of Scheduled Castes, Scheduled Tribes, Backward Classes and Women for the Office of President) Rules, 1994, Rules 2, 3 & 5 and Schedule - As per roster Backward Class member to be President of Municipality - Member who belongs to Backward Class, elected as a member of municipality not from a..........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act -- Constitutional validity of - Plea of being ultra vires as beyond legislative competence of State challenging correctness of Division Bench decision in Rajender Prashad's case 1995 PLJ 578 - Act as it stood prior to enactment of Haryana Second Amendment and Validation Act 16 of 1996 -..........
Constitution of India, 1950, Article 245,246,257 -- Entries of Lists I and II of Seventh Schedule - Settled principles of interpretation : (1) When vires of enactment impugned, initial presumption of its constitutionality and if any difficulty in ascertaining limits of legislative power, difficulty must be resolved in favour of Legislature putting most liberal construction..........
Criminal Procedure Code, 1973, Section 4, 5 -- Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - Criminal Complaint - Petition for quashing - Within the purview of Section 5 Cr.P.C. the Special Judge could not take cognizance of the matter under Section 3(1)(X) of the Act directly because there is no enabling special provision..........
Criminal Procedure Code, 1973, Section 401 -- Essential Commodities Act, 1955, Section 7 - Haryana Prevention of Hoarding and Maintenance of Quality Order, 1977 - Discharge - Revision against - Imported sugar - Not sugar as mentioned in item No.4 of the Schedule attached with the order held by the Special Judge while discharging Respondent - Held that grounds of discharge..........
Court Fees Act, 1870, Section 7(ivA) -- Article 17 of Schedule 2 - Court fee - Suit for declaration that plaintiff is owner of suit property and the impugned sale deed is a fake document and it has no effect upon his rights - In substance the suit is for cancellation of the sale deed - There is allegation in the plaint that it has bee obtained by fraud - Case is covered by..........
Civil Procedure Code, 1908, Order 22, Rule 3, Arbitration Act, 1940, Section 41, 20 -- Schedule I Rule 7 - Arbitration proceedings - Death of one of the applicants - L.R's not brought on record - Provision of Order 22 CPC is impliedly excluded - Arbitration proceedings did not abate - Award shall be final and binding on persons claiming under deceased applicant even if..........
Civil Procedure Code, 1908, Order 33, Rule 2, 5, Civil Procedure Code, 1908, Order 44, Rule 1, 3 -- Appeal in forma pauperis - Application for leave to file - Schedule of movable and immovable property belonging to applicant, with estimated value thereof, to be annexed to application - Schedule to be signed and verified in manner prescribed for signing and verification of..........
Punjab Town Improvement Act, Section 59 -- Schedule-Orders not passed by Presiding Officer of Improvement Trust Tribunal but by Reader-Do not carry any value in the eyes of law. Para 3)..........
Punjab Town Improvement Act, Section 38(1)(i), 36, 40, 59 -- Schedule-Authorities if derelict in making enquiry or serving notice on the reputed owner whose name has already been entered in Municipal records and has paid Municipal taxes over a period-Vitiates acquisition made under the Schedule read with Section 59-Service of notice on owner or..........
