Haryana Municipal Act, 1973 -- Haryana Municipal Election Rules, 1978, Rule 86 - There is no estoppel against the statute - If there was a material irregularity that resulted in the vote cast being void, the obvious effect is that the acceptance of such void vote would also amount to affecting the ultimate decision in the electoral process - The juxtaposition of the..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1), 23(2) -- Protection of Women From Domestic Violence Rules, 2006, R.12(3) - Rule 12(3) pertains only to the final order passed u/s 23(1) of the Act and not to the ad interim order passed u/s 23(2) of the Act...........
Indo Tibetan Border Police Force Rules, 1994, Rule 174(8) -- Court of Inquiry - Loss of weapon - The petitioner was given an opportunity to make a statement and there is no averment that he was denied opportunity to lead evidence in his defence or to cross - examine any witness - The petitioner had signed each page of the proceedings - This would indicated his presence..........
Indo Tibetan Border Police Force Rules, 1994, Rule 44, 45 -- Court of Inquiry - Loss of weapon - The certificate given by the Commanding Officer certified that he had heard the petitioner in terms of Rule 45(1) of the Rules - Rule 44 of the rules r/w Rule 45 would show that a charge can either be heard by Officer of the rank of not less than Assistant Commandant or by..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Carriage by Air Act, 1972,II Schedule Rules 22(2)(a) - Compensation - Air carriage - 43 bales of cotton fabric - At the time of booking, the complainant had neither made special declaration of the value of consignment nor had they paid any supplementary amount - The liability of OP No. 1 will have to be determined based on..........
Punjab State Cooperative Housing Federation Service Rules, 1976, Proviso, Rule 13 -- Disciplinary proceedings - Continuation after superannuation - Punishment - Cut in pension - No provision in Rules of 1976 providing for continuation of enquiry beyond the period of superannuation - Contention that the Service Rules of 1976 must be read as being supplemented by the Punjab..........
Punjab State Cooperative Housing Federation Service Rules, 1976, Proviso, Rule 13 -- Disciplinary proceedings - Continuation after superannuation - Punishment - Cut in pension - No provision in Rules of 1976 providing for continuation of enquiry beyond the period of superannuation - Inflicting of punishment after superannuation held to be contrary to law - The recovery..........
Statute -- Interpretation - While interpreting a statutory provision, its context and the object should not be lost - When a term appearing in the Statute is clear and unambiguous then only the literal rule of interpretation applies and when meaning of a term is ambiguous then the interpretation that advances the object and purpose of the legislation, shall apply...........
Consumer Protection Act, 1986, Section 21 -- Civil Procedure Code, 1908, Order 23 Rule 1 - Complaint maintainability - Withdrawal of complaint unconditionally - Special Civil Application before High Court in which liberty granted to file civil suit - Though the provisions contained in CPC do not apply to Consumer Fora, still the provision contained in said Order 23 Rule 1..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Sample of Urad Whole Dal - 200 gms. sample sent for analysis whereas as per rules quantity of sample required to be sent to Public Analyst for analysis was 250 gms. - When requisite quantity in terms of Rule 22 is not sent then no reliance can be placed on the report of Public Analyst - Accused acquitted...........
