Punjab Panchayati Raj Act, 1994, Section 12 -- Sarpanch - Reservation of post - Reduction of reservation in terms of Roster prepared by deputy Commissioner u/r 3(1) and 2 - One third of the total offices of Sarpanches in a block required to be reserved for S.C. (Women) and Women - Once a seat of Sarpanch reserved as per roaster goes to a woman, the Deputy Commissioner is..........
Constitution of India, 1950, Article 342 -- Scheduled Tribes - Change in list - Parliament alone can amend the law and the schedule for the purpose of including or excluding therefrom a tribe or tribal community - Court has no jurisdiction to substitute any caste and tribe...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Impleadment will change the nature of suit and it will be converted from a suit for eviction to the suit of tile - Held, such a course is not permissible - More so, in case the applicant is not impleaded he would not be bound by the decision passed by the Civil Court in the eviction suit and the case..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Ceased to occupy - Disconnection of electricity connection - Tenant asserting of paying electricity bills regularly but failing to prove the same - Tenant asserting that he is running property dealer business and merely because electricity was disconnected it could not be said that the he has..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition of ancestral property - Suit land belonged to predecessor-in-interest of parties - After filing suit, information as regards execution of registered Will in favour of husband of defendant, came to the knowledge of plaintiff who by amendment wanted to challenge the same - Held, mere..........
Consumer Protection Act, 1986, Section 22(2) -- Review application - Airlines - Denied boarding - Ground for review that the Commission has not dealt with the circumstances under which the complainant denied boarding on the flights by the respondent - Held that this does not change the facts and circumstances of the case since it remains a case of 'denied boarding' for..........
Haryana Canal and Drainage Act, 1974, Section 55 -- Warabandi prepared by Patwari - `Wari' fixed by Deputy Collector - Subsequent application by petitioner u/s 55 of the Act for change of `Wari' - Not maintainable - Once the dispute between the parties u/s 55 of the Act is finalized the same cannot be reopened on fresh application by defeated person...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Application U.O.9.R.7 CPC filed at the stage when suit was pending for pronouncing judgment - Change of Presiding Officer who fixed for hearing arguments - Defendants counsel could not appear due to illness - Cause pleaded for setting aside exparte order was good cause - Application filed within 17 days from date of proceeding..........
Medical negligence -- Pathology test - Petitioner laboratory gave report clearly showing respondent as HIV 1 and 2 Positive - Subsequent report from Government Hospital clearly stating patient being HIV Negative - Belying first report - Order of the Fora below awarding compensation of Rs. 25,000 held to be too meagre but in absence of any revision petition by complainant..........
Criminal Procedure Code, 1973, Section 218 -- Framing of joint charges - "Same transaction" - Determination of - Held, such a determination is a question of fact that has to be determined in the circumstances of the case having regard to the factors such as proximity of time and place and continuity of action and purpose or design - In present case, considering the..........
