Civil Procedure Code, 1908, Order 5, Rule 19A, 20(2), Civil Procedure Code, 1908, Order 9, Rule 13 -- Non-compliance with specific order of Court for issue of summons by registered post also - Not a mere irregularity - Incumbent under Rule 19-A to issue summons by both modes prescribed for service i. e. ordinary process as also service by registered post - If no specific..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband, a lecturer in Post Graduate College and getting a monthly salary of Rs.1438.20 - Rs.500/- awarded as maintenance to the wife and a son - Cannot be said to be arbitrary or excessive...........
Land Acquisition Act, 1894, Section 18 -- Reference application under Section 18 sent by post - Date of making application : whether date when actually received by Collector or date when posted - Date on which Collector received application to be taken as date of making application - Application under Section 18 required to be made in writing and to Collector - Absence of..........
Punjab Co-operative Societies Rules, 1963, Rule 45 -- Scope of - Registrar cannot pass order appointing a person as Chief Executive Officer of Co-operative Society, in other words, Registrar in exercise of power under Rule 45 cannot require Co-op. Society to appoint as Chief Executive Officer any official that he liked - Can give direction regarding desirability on part of..........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 117 - - Sub-rule (7) merely directory and not mandatory - Non-compliance of sub-rule (7) - Does not make order void ab initio or non est - Intention of Legislature in enacting sub-rule (7) is only to vest authority with a power to exercise its discretion in appropriate case to resort to mode of effecting..........
Punjab Land Revenue Act, 1887, Section 20, 21 - - Mode of service of summons - Personal service or through registered post - Service if cannot be effected through this mode - Then only other way of effecting service through proclamation - Service through proclamation in Official Gazette wren service cannot be effected through personal service or registered post - Proper..........
Punjab Gram Panchayat Act, 1992, Section 42, 21, 23 -- Gram Panchayat summoned petitioner under Section 447 Indian Penal Code - Petitioner a public servant serving in Post and Telegraphs Department, described as accused, punishment as conviction and fine imposed - Under Section 23 only a penalty can be imposed and not a fine - Sentence of fine can only be under Section 447..........
Haryana Urban Development Authority Act, 1977, Section 17, 42 -- Resumption order - Essential pre-requisite - Service of show-cause notice on transferee - Notice sent through registered post - Denial sworn on affidavit - I resumption of service rebut ted - Absence of any evidence that factually notice reached transferee - Substituted service prescribed in clause (iii) of..........
Haryana Urban Development Authority Act, 1977, Section 42(1)(d) -- Service of notice - Notice sent through registered post - Denial of service of notice sworn on affidavit - Presumption of service rebutted - Absence of any evidence that factually notice reached transferee - Authorities bound to resort to substituted service prescribed in Clause (iii) - Substituted service..........
Punjab Land Reforms Act, 1972, Section 9(1) -- Objection by vendees that no notice issued despite mutation sanctioned in their favour and surplus area case decided without hearing them - Landowner's surplus area declared in the first instance in 1959 and after appeal, revision and writ proceedings finally in 1974 - Sale in 1965 i. e. post Punjab Security of Land Tenures..........
