Maharashtra Village Panchayats Act, 1958, Section 35(3), Maharashtra Gram Panchayat Rules, 1958, Rule 35(3B) -- No confidence motion - Expression "who are for the time being entitled to sit and vote" means number of members who are entitled to sit and vote in a meeting and not members present and voting...........
Maharashtra Village Panchayats Act, 1958, Section 35(3), Maharashtra Gram Panchayat Rules, 1958, Rule 35(3B) -- No confidence motion - Motion to be determined by majority of not less than two third of total number of members entitled to sit and vote in meeting - Total 8 members - Two third comes to 5.33 - Cannot be rounded off to 5 - Fraction to be treated as one - Hence..........
Maharashtra Village Panchayats Act, 1958, Section 35(3), Maharashtra Gram Panchayat Rules, 1958, Rule 35(3B) -- No confidence motion - Requirement of submitting caste certificate within six months after election - A members who fails to file is disqualified to continue to be member or to vote in meeting - Vote of such member cannot be counted in favour of no-confidence..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is erroneous, as property in..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Juvenile - Determination of age of prosecutrix - Rape case - Neither matriculation certificate, nor date of birth certificate from school first attended and birth certificate by Corporation or a Municipal authority or a Panchayat was on record - Prosecutrix was examined by Medical Board which has..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113 -- Dowry death - Conviction - Appreciation of evidence - It is established on record that deceased and her sister were harassed for not bringing motor cycles in dowry - Statement of accused before Panchayat that harassment will continue, if demand is not fulfilled is against accused - Fact that..........
Assam Panchayat Act, 1994, Section 15(1) -- No confidence Motion - BDO presided over meeting and every one knew that meeting was called for passing resolution either in favour of or against No Confidence Motion - President knowing fully well participated in meeting and resolution was passed against President - After losing in voting process, assail was made to procedure of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25 kg poppy husk - Testimony of official witness - Accused examined DW1 in his defence, who stated that police has come to house of accused but nothing incriminating was recovered on search and accused was taken by them - Testimony of DW1 inspires no confidence as after incident, this witness..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 3, 113B -- Dowry death - Deceased died unnatural death within 7 years of her marriage - Cause of death was consumption of poison - Dead body of deceased recovered from canal - But there is no witness who has either seen deceased consuming poison or dead body of deceased being thrown by accused in canal -..........
