Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Haryana Panchayati Raj Rules, 1994, Rules 66,69 and 70 - Recount of votes - The petitioner categorically claimed that after the declaration of the result, the application had been filed by him for seeking recount - By virtue of Rule 69 of the Rules, the Returning Officer was under obligation to decide the application..........
Telephone -- Excess billing - District Forum apportioning the bill and fixing certain amount of calls by application of rule of thumb - Metering defect admitted by giving the complainant a rebate and misuse of authority by not withdrawing the S.T.D. facility inspite of the request of the complainant - Order of the District Forum upheld...........
Land Acquisition Act, 1894, Section 51 -- Copy of award - A person entitled to have a copy of award free of cost irrespective of the fact whether he intends to file appeal under Section 54 of the Act or not - Person claiming under such award - Not required to pay any fee for a copy of the award - Note 6 - B refers to Order XX Rule 6 - B of Code of Civil Procedure inserted..........
Land Acquisition Act, 1894, Section 51, Civil Procedure Code, 1908 -- Order 20 ,R. 6-B - Civil - Award - Supply of copy - Rule 6-B of Order 20 CPC does not control Section 51 of the Land Acquisition Act - A person is entitled to have a copy of the award prepared under the provisions of the Act free of cost irrespective of the fact whether he intends to file an appeal u/s..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner set aside order of Collector dismissing Lambardar and remanded case to Collector for decision afresh - No permanent injury occurred by way of remand order - Can advance his version if he has evidence to prove before Collector - Interference declined by Financial Commissioner - Punjab Land Revenue..........
Civil Procedure Code, 1908 -- Order 22 ,R. 3 and 11 - Legal representatives - Impleadment of - In the application under Order 22 Rule 5 CPC which is summary in nature the genuineness of the Will is not to be finally determined - Order of the trial court allowing application of respondent for impleadment as legal heir upheld...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-call of witness - Order 18 Rule 17 does not permit a party to re-examine any witness to fill up lacuna in his case - Only the requirement of Court that it may at any stage of a suit re-call any witness who has been examined and may put such question to him as Court thinks fit - Enables Court to clear any doubts which may..........
Consumer Protection Act, 1986, Section 13, Civil Procedure Code, 1908 -- Cross-examination - Summoning of doctor for cross examination with reference to his affidavit filed in the complaint case as a witness of the complainant - Provisions contained in Order 19 Rule 2 of the CPC enables District Forum to order the attendance of the deponent for cross examination...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Restoration of possession of land - Violation of decree for permanent injunction by judgment-debtor - Executing Court has jurisdiction to order restoration of possession of land to decree-holder on application under Order 21 Rule 32...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- No limitation for exercising inherent power of State Government under Section 42 - Can be exercised at any time - Only requirement - Order under Section 42 not to be passed without providing opportunity of hearing to affected party - Limitation of six months under Rule 18 - Not..........
