Punjab State Election Commission Act, 1994 -- Election for five posts of Panches of Gram Panchayat out of which one post reserved for B.C. Category - No candidate in B.C. Category filed nomination papers - State Election Commission denotified indicated B.C. Category seat of Panch, converted and reserved it for Scheduled Castes Category vide Notification - Petitioner..........
Haryana Panchayati Raj Act, 1994, Section 53(5) -- Recovery of certain amount from Sarpanch after six years of completing tenure on account of financial loss caused to Panchayat - BDPO assessed and directed Sarpanch to deposit the amount - Impugned order set aside - Held, Respondent cannot possibly be called upon to explain and to make good any loss, after expiry of six..........
Punjab Panchayati Raj Act, 1994, Section 19 -- Meeting convened on 14.10.2010 to consider no confidence motion proposed against Sarpanch u/s 19 of the Act - Sarpanch stood removed from his office and alternative mechanism put in place as per statutory provisions - Ordinance issued by Governor deleting S.19 of the Act which was prospective - However, this ordinance which..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Appointment of administrator - DDPO issued notice to Sarpanch and all members of Panchayat directing them to initiate development within specified period, but in vain - Members of Panchayat did not repeatedly co-operate with petitioner Sarpanch - As quorum of Gram Panchayat was not complete, sanction grant for Panchayat funds..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Complainant alleged to have fabricated documents as if he was employed in National Rural Employment Scheme to draw money thereby indulging in act punishable under provisions of IPC - Creation of document is the main allegation and no disbursement or release of amount is infact alleged -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Restraining defendants from obstructing peaceful possession of suit property - Entry in register of Panchayat that defendant purchased suit property from its owner whose name was entered as owner in the register - Defendant acquired title on the basis of sale deed - Principle that possession follows title,..........
Punjab Village Common Lands (Regulation) Rules, 1964, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Director passed order allowing exchange of land of landowner with that of land belonging to Panchayat - Sarpanch and Panch gave consent in favour of exchange - Landowner is niece of officer who was serving as Director..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay in FIR - Two days delay in lodging FIR - Effect of - Accused in drunken state alleged to have committed rape of prosecutrix in her house after asking her husband to get snacks - Delay explained by prosecutrix by stating that Panchayat elections were due on date of incident and due to that report could not be lodged..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Removal of Panch - Sarpanch filed complaint against Panch by alleging that he alongwith other members of Panchayat caused huge loss to Panchayat property - After conducting an enquiry Director removed Panch - Appeal filed by panch before Financial Commissioner - FC allowed the appeal - Sarpanch challenged order of FC by..........
