Haryana Panchayati Raj Act, 1994, Section 51(5) -- Appellate Authority being a quasi - judicial authority - Duty bound to consider points raised by appellant in appeal - Appeal should be decided by recording cogent reasons - Removal of Sarpanch being guilty of having embezzled Panchayat fund - Appellate Authority without adverting to matter of embezzlement dismissed appeal..........
Punjab Town Improvement Act, Section 28(2), 36, 37, 38, 39, 40, 41, 42 -- Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975, Rules 2(a) and 7(ii) - Allotment of alternative sites - Improvement Trust passed resolution to purchase land from owners by negotiations and to allot alternate shop sites to all those whose land would be purchased - Land..........
Constitution of India, 1950, Article 21, 226 -- Writ jurisdiction whether deserves to be exercised for restraining State and its agencies from enforcing provisions of law under which they are empowered to remove encroachments from public land - Fences and hedges erected, lawns laid and trees grown on open spaces in front of residential plots - Plea that removal of fences..........
Tort -- Death due to fall in uncovered manhole - Breach of Public duty by instrumentality of State - Petitioner is entitled to claim compensation. (Constitution of India, 1950, Article 226)..........
Contempt of Court -- Article in magazine grossly contemptuous - Apology not accepted as being conditional - Conviction with imprisonment for one month and fine of Rs.1,000/- - Before Supreme Court appellant gave written unconditional apology - Appellant personally present and offered his apology - Apology accepted...........
Haryana Urban Development Authority Act, 1977, Section 15 -- Allotment of Industrial Plots only by auction - New Policy framed in 1996 - 97 by Government of Haryana and HUDA superseding earlier policy to allot industrial plots by draw of lots - Validity of - Not ultra vires of Article 14 of Constitution as held by Division Bench in Civil Writ Petition 8905 of 1997 decided..........
Agreement to sell -- Suit for specific performance - Whether time essence of contract - One of the terms was that vendee to pay interest on balance amount in case she fails to get the sale deed registered after obtaining Urban Land Ceiling certificate by vendor - No time fixed for getting the sale deed registered - Vendor issued notice requiring vendee to complete all..........
Constitution of India, 1950, Article 226 -- Writ petition- Does not lie to enforce contractual obligations even if it is sought to be enforced against State or to avoid contractual liability arising thereto - In the absence of any statutory right Article 226 cannot be availed to claim any money in respect of breach of contract or tort or otherwise...........
Service -- Illegal retrenchment/termination - Article 137 of the Schedule to Limitation Act, 1963 is not applicable to the proceedings under the Industrial Disputes Act and the relief under it cannot be denied to the workman merely on the ground of delay. (Limitation Act, 1963, Art.137, Industrial Disputes Act, 1947, S.10)..........
Criminal Procedure Code, 1973, Section 437, 439, 167(2) -- Non filing of charge sheet within 90 days - Bail - Accused arrested u/s 15 of NDPS Act at Rajasthan - While under detention in relation to another case he was recorded as arrested in M.P. State in a similar case - Bail granted by Rajasthan Court - M.P. Court refused bail u/s 167(2) on ground he was not produced..........
