Haryana Municipal Act, 1973, Section 10(1),10(2) -- Notice of demolition of construction - Petitioner constructed his house after plan duly sanctioned from Municipal Council - To utter dismay of petitioner, Executive Officer of M.C. directed petitioner to demolish construction of house within 3 days as sanction to house plan was cancelled by M.C. - However, no prior show..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 5,6,7, Haryana Municipal Act, 1973, Section 203, Works of Defence Act, 1903, Section 3,7 -- Petitioner Society raised unauthorised constructions in controlled area in utter violation of provisions of Gazette Notification issued by Govt. of India under sections 3 and 7 of..........
Punjab Municipal Act, 1911, Section 193 -- Construction plan - Submitted to Committee for sanction - Held, committee can only refuse sanction on grounds indicated u/s 193 of the Act and not otherwise - Fact that private respondents disputed ownership of petitioner of land in dispute, is not a valid ground for committee not to pass an order of sanction or refusal on request..........
Companies Act, 1956, Section 391(2), 394 -- Sanction of court in respect of Scheme of merger of company - Court before whom scheme is placed, is not bound to put seal of approval merely because majority of shareholders voted in favour of scheme - Court is expected to examine whether the scheme is fair, just and reasonable as it will have binding effect on the dissenting..........
Companies Act, 1956, Section 391(2), 394 -- Amalgamation/merger of company - Sanction of Court - Company to disclose pendency of any investigation in relation to company u/ss 235 to 351 and the like - Existence of proceedings under S.209A must be disclosed - Concurrent finding of fact that information supplied was sufficient - No interference...........
Companies Act, 1956, Section 394 -- Amalgamation/merger of company - Sanction of Court - Official Liquidator has to satisfy Court as to whether or not affairs of company dissolved were carried out in a manner prejudicial to interests of its members and public at large...........
Companies Act, 1956, Section 391(2), 394(1) -- Amalgamation/merger of company - Sanction of Court - Inspection u/s 209-A of the Act pending against company - Official Liquidator not disclosed this fact in is report - However, conduct of official liquidator not a ground to held up sanction when inspection report was placed before Company Judge - As Company Judge examined..........
Criminal Procedure Code, 1973, Section 468 -- Delay in cognizance of offence - Complaint lodged within 12 days of commission of alleged offence - Held, crucial date for computing the period of limitation is neither the date of taking cognizance by Magistrate, nor the date of issuance of process, nor the date on which prosecution sanction was filed by police - It is the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Allegations that petitioner circulated pamphlet in and around town with a view to promote enmity, hatred and ill will among different communities besides defaming them - After investigation, investigating agency submitted charge-sheet u/ss 500 and 505 of Indian Penal Code against petitioner..........
Criminal Procedure Code, 1973, Section 156(1) -- S.156(1) Cr.P.C. authorizes the police to investigate into a cognizable offence without requiring any sanction from a judicial authority - However, sub-section (3) of S.156 of the Code provides that any Magistrate empowered under S.190 may order such an investigation mentioned in sub-section (1) of the said Section...........
