Punjab Agriculture Produce Markets (General) Rules, 1962, Rule 31(9) -- Penalty - Proceedings for impositio, Quasi - Criminal - Incumbent to prove that party : (i) acted deliberately in defiance of law, or (ii) guilty of conduct contumacious or dishonest, or (iii) acted in conscious disregard of its obligatio, Penalty should not be imposed merely because it is lawful to do..........
Punjab Gram Panchayat Act, 1952, Section 9 - - Approval of Director of Panchayats to resolution of no - confidence against Sarpanch - Notice to Sarpanch - Dispute about legality of meeting in which resolution of no - confidence passed against Sarpanch - Director of Panchayats should give a decision after hearing both parties - If legality of meeting in which resolution of..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 12, 6 -- Questions whether building constructed after or before the coming into force of the Act, whether built on own land or not and whether building constructed in violation of the provisions of the Act - Finding has to be given by some Authority - Reasonable..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 - - Opportunity to be heard to persons interested - Must be real opportunity - Notice given only one day prior to actual hearing - Amounts to a farce compliance with statutory requirement - Decision given by quasi - judicial authority without affording concerned party a proper..........
Punjab Land Preservation Act, 1900, Section 4, 5, 5A, 6, 7, 14, 3 -- State Government while acting under Sections 4, 5 and 6 - Not a quasi - judicial Tribunal - Opportunity of hearing before issue of Notificatio, Not necessary - Orders passed by Government under Sections 4, 5 and 5A - Administrative orders - Principles of natural justice not applicable. The purpose of the..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Plea of review - Akin to plea of res judicata - Party raising plea of review - Mast file complete material alongwith petition to establish it. The plea regarding the incompetency of a quasi-judicial officer to review his earlier order is akin to the plea of res-judicata. When..........
Punjab Gram Panchayat Act, 1952, Section 105 -- Constitutionality of - Not ultra vires - Constitution of India, 1950, Article 14.
Sub - section (1) of 105 of the Punjab Gram Panchayat Act may seem to lay down the substantive law and to mention the circumstances in which a Panch would render himself liable for making good the loss or waste occasioned by his neglect or..........
Punjab Agriculture Produce Markets (General) Rules, 1963, Rule 31(8} - - Scope of - Proceedings quasi - judicial in nature - Best judgment assessment - Should be made honestly by exercising judicial mind - Must be based on some reasonable data - Material to be made basis of best judgment assessment - Should be supplied to the assessee - Opportunity to rebut should also be..........
Best judgment assessment -- Must be based on reasonable data - Should be made honestly by exercising judicial mind - Material to be made basis of best judgment assessment - Must be supplied to assessee - Opportunity to rebut should also be given. Best judgment assessment must be based on some reasonable data and not an arbitrary basis adopted by the Assessing Authority...........
Punjab Agricultural Produce Markets Act, 1961, Section 44 -- Board while suggesting amendments and alterations in bye - laws - Acts in quasi - legislative character - Opportunity of hearing to individual constituents of Committee - Not contemplated - Board not bound by principles of natural justice beyond what is provided by the Act. The Board while suggesting an amendment..........
