Haryana Panchayati Raj Act, 1994, Section 175(1)(g), 177(1) -- Election of Panchayats - Disqualification of persons having more than two children - Provision is not violative of Article 21 or 25 Constitution of India - Right to contest an election is neither a fundamental right nor a common law right - Disqualification on right to contest an election by having more than..........
Haryana Panchayati Raj Act, 1994, Section 175(l)(q), 177(1) -- Constitutionality of - Both provisions intra vires the Constitution - Provisions salutary and in public interest - Disqualification on right to contest election by having more than two living children - Does not contravene any fundamental right nor does it cross limits of reasonability - Disqualification in..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - High Court hold although there was no cross-examination on aspect of delay but possibility of some deliberation before lodging of FIR could not be ruled out as a result of delay in sending the FIR - Thus, conclusion reached by High Court without any factual basis, is nothing but perverse...........
Civil Procedure Code, 1908, Order 41, Rule 22, 33 -- Appeal by defendant - Plaintiff not filing any cross appeal or cross objections - Appellate Court cannot pass a decree which is to the prejudice of the appellant-defendant and to the advantage of the respondent-plaintiff...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- as amended and Explanation as inserted by Act 104 of 1976 - Power of Appellate Court to interfere with and reverse or modify decree appealed against in absence of any cross-appeal or cross-objection by respondent - Suit for specific performance of agreement to sell in which plaintiff claimed refund of money in lieu of/in..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- sub-rule (1) as amended and Explanation newly inserted by Amendment Act 104 of 1976 and sub-rule (4) - Sub-rule (1) read with Explanation gives a right to respondent, when decree entirely in his favour, to take cross-objection to a finding recorded against him either while answering an issue or while dealing with an issue -..........
Civil Procedure Code, 1908, Order 41, Rule 33, 22 -- Decree of specific performance - Appeal against - Relief of possession in decree not granted - High Court in appeal however granted relief of possession without there being a cross objection filed by the plaintiff - Relief of possession as granted by High Court set aside...........
Arbitration Act, 1940, Section 39 -- Appeal - Cross objects are maintainable if applicant could have sought for the same relief by filing an appeal in conformity with the provisions of S.39 of the Act - If cross objection does not fall within the purview of any of the categories contemplated by clauses (i) to (vi) of sub-section (1) of S.39 of the Act then cross objection..........
Arbitration Act, 1940, Section 39 -- Appeal - Cross objections can be filed - However, if appeal is dismissed as not maintainable then cross objections shall also fail and cannot be heard or decided on merits...........
Criminal trial -- Chance witness - As such his evidence disbelieved - Witness was resident of the same village as the accused and deceased - Failure to mention the presence of this witness at the place of occurrence by another witness in his police statement is an irrelevant circumstance for disbelieving the witness - He was a natural witness - Nothing worthwhile could be..........
