Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointed by Court - Objections to the report of Local Commissioner - Not maintainable...........
Customs Act, 1962, Section 130E,14(1),14(2) -- Determination of transaction value of vessel - Customs Valuation (Determination of Price of Imported Goods) Rules 1988, R. 3, 4(1) and 4(2) - Old vessel imported for demolition purposes - Price of vessel fixed under Memorandum of Agreement - Surveyors inspected vessel and submitted report making observation that ship breaker..........
Punjab State Election Commission Act, 1994, Section 76(1) -- Election petition challenging election of panch of Gram Panchayat - Petition not presented within 45 days an envisaged u/s 76(1) of the Act - Held, extraordinary jurisdiction available under Article 226 of Constitution of India exercised by High Court and approved by Supreme Court is not available to Election..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Accused a Ward Commissioner, allegedly committed rape on victim after gaining forcible entry into house - Delay of 17 days in lodging FIR, though mother and sister of prosecutrix were aware of occurrence - Strangely, when victim girl's mother and younger sister were asked to go out of room by accused, they willingly went..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Admitted case of appellants that they have already dismantled certain constructions as per suggestions of Advocate Commissioner by this Court - Trial Court had also made spot inspection and Court itself found that defendant-appellants had raised certain construction for stair case and had..........
Stamp Act, 1899, Section 47A -- Bond - Executed on stamp paper of Rs.15/- and registered - Audit objection - Show cause notice to recover stamp duty of Rs.12.73 lacs on the basis of audit objection chargeable on bond - Sub Registrar holding objection of audit party as justified - Petitioner filed suit for permanent injunction to put restrain on Sub Registrar and Collector..........
Punjab State Election Commission Act, 1994, Section 76 -- Additional Deputy Commissioner cum Presiding Officer, election Tribunal, Amritsar accepted the election petition and set aside the election of Sarpanch and issued direction to Additional Dy. Commissioner (Development) to conduct the election - Held, order of Election Tribunal giving direction to ADC, Development to..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section , Order 39, Rule 1,2, Specific Relief Act, 1963, Section 38 -- Ex parte report of local commissioner - Evidentiary value - Suit for permanent injunction - Commissioner appointed to conduct spot inspection at the behest of plaintiff, without notice to defendants - Advocate commissioner who..........
Haryana Panchayati Raj Act, 1994 -- Election - Returning Officer - If the Returning Officer had acted out of malice or his action is a result of fraud and election certificate is a result of fabrication, then the remedy for the aggrieved candidate is to approach the Election Tribunal to challenge the certificate issued by the Returning Officer - Election Tribunal can..........
Central Excise Act, 1944, Section 35(L)(b) -- Accessee company engaged in the production of shrimps and tiger prawns - Order passed by tribunal holding that the duty of Central Excise on shrimps and shrimp seeds produced and removed by accessee, a hundred percent export oriented unit in the Domestic Tariff Area (DTA) without the approval of the Development Commissioner..........
