Haryana Panchayati Raj Act, 1994, Section 51(3), 51(4) -- Deputy Commissioner ordered not only removal of Sarpanch but also disqualified Sarpanch from contesting election for a period of six years - Enquiry Report shows that Inquiry Officer failed to apply his mind to the evidence led by the parties, not a single reason assigned as to why evidence adduced by Sarpanch not..........
Service -- Inquiry - An inquiry proceedings is not held as if it is a trial in a criminal case or as if it is a civil suit - Rules of natural justice require that a party against whom an allegation is being inquired into should be given a hearing and not condemned unheard...........
Service -- Termination from service for taking bribe - Inquiry - If the inquiry officer held no sittings, did not take evidence nor record any conclusions and if at that stage the inquiry was dropped and a simple order of termination was passed, the same would not be punitive - But if termination order is preceded by an inquiry and evidence is received and findings are..........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 32, Rule 15 -- Dismissal for default - Restoration application - Dismissed at instance of plaintiff himself - Subsequent application by wife of plaintiff that plaintiff was mentally infirm also dismissed - Contention that enquiry under O.32.R.15 was not held - Plaintiff being himself present and..........
Punjab Land Revenue Act, 1887, Section 32, 31, 44, Himachal Pradesh Land Revenue Act, 1954, Section 33, 32, 45 -- Settlement record - Generally prepared with much care and accuracy - Court will not easily discard record so prepared during recent settlement - Legally presumed that entries properly and lawfully substituted for previous entry and to latest entry legal..........
Criminal Procedure Code, 1973, Section 397, 401 -- Allegations in complaint that Police Party raided his house without obtaining warrant of search and seizure - Magistrate felt some doubt regarding correctness of version of complainant and decided to hold an inquiry under S.202 Cr.P.C. - Executive Magistrate Supervising raid not examined - Searches made after obtaining..........
Criminal Procedure Code, 1973, Section 328, 329, 330 -- Accused man of unsound mind - Application under Sections 329 and 330 dismissed by Additional Sessions Judge without holding any inquiry - Order set aside and directions given to the trial Court to request the Civil Surgeon to constitute a board of doctors in order to give the opinion whether the petitioner was a man..........
Criminal Procedure Code, 1973, Section 154, Punjab Police Rules, 1934, Rule 24.1 -- Registration of FIR - Petition for - Information about congnizable offence received by respondent No.3 in the form of complaint - Respondent No.3 was duty bound to record it as First Information Report under Section 154 of the Code - Respondent No.3 proceeded to hold an enquiry into the..........
Specific Relief Act, Section 19(1)(b) -- . - -Bona fide purchaser for value without notice-Initial burden to show that subsequent purchaser of suit property covered by earlier suit agreement was a bona fide purchaser for value without notice of suit agreement-Rests on the shoulders of such subsequent transferee-Subsequent transferee to establish the circumstances which..........
Criminal Procedure Code, 1973, Section 482 -- Registration of FIR - Petition for seeking direction - Allegations made in the complaint disclosed the commission of cognizable offences - The same are prima facie to be accepted for the purpose of registration of the FIR - Alleged inquiry conducted without registration of the FIR not envisaged under the Code - Direction issued..........
