Haryana Panchayati Raj Act, 1994, Section 51(1) -- Suspension of Sarpanch because of registration of a criminal case-Before taking any action Deputy Commissioner required to form his opinion that charge made or proceedings taken against Sarpanch likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of character-Full Bench judgment in..........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Pari materia with Section 102(1) (new) of Punjab Gram Panchayat Act as applicable to State of Haryana - Deputy Commissioner while exercising powers under Section 51(1)-Acts as a quasi judicial authority-Before passing any order-Must observe principles of natural justice - Should provide adequate opportunity to explain to..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 29(3)(f)(i) - Quashing of complaint - Complaint as a whole does go to show the commission of the offence complained therein - Very serious offence and the trial must proceed in accordance with Iaw - Not a case where the complaint alleged to have been filed with malice, ill-will or with ulterior..........
Specific Relief Act, 1963, Section 19(b) -- Mere denial by the transferees to the effect that they had no notice of the previous contract for sale will not discharge the onus that rests on them - Each case has to be examined on its own facts to find out whether the onus which rests on the transferees in view of S.27 of Specific Relief Act is discharged or not...........
Evidence Act, 1872, Section 35 -- Death certificate - Issued by competent authority in the regular course of discharge of official duties - Held, it is to be taken as an authentic document as the acts done in the discharge of official duties are presumed to have been done correctly...........
East Punjab Utilisation of Lands Act, 1949, Section 7, 3, 4, 5 -- Collector statutorily bound to deliver possession to landowner or be responsible for payment of damages-Under Section 3 Collector can take possession of land from owner if it had not been cultivated for the last 6 or more harvests - Section 4 provides for payment of compensation on taking..........
Easement Act, 1882, Section 15 -- Right to discharge drain water over the land in question - Plaintiff claimed right on the basis of such discharge for long time - Held, claim is acceptable...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Questions relating to execution, discharge or satisfaction of decree u/s 47 can be exercised subject to the restriction placed by Order 21.R.2 which contain special provisions - Held, the general provision under S.47 had, therefore, to yield to the special provisions contained in O.21.R.2 - General provision must..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Questions relating to execution, discharge or satisfaction of decree u/s 47 can be exercised subject to the restriction placed by Order 21.R.2 which contain special provisions - Held, the general provision under S.47 had, therefore, to yield to the special provisions contained in O.21.R.2 - General provision must..........
Service -- A clerk, though directed to discharge the duties of a teacher, cannot claim the post of a teacher...........
