Representation of the Peoples Act, 1951, Section 2, 29A, Delhi Municipal Corporation (Election of Councillors) Rules, 2012, Rule 15, 24, Delhi Municipal Corporation Act, 1957, Section 3A, 4, 5, 7, 11 -- Delhi Election Symbols (Reservation and Allotment) Order, 1968 - Election - Reservation - Allotment of free symbol - Once there is no reservation and no error is found in..........
Representation of the Peoples Act, 1951, Section 2, 29A, Delhi Municipal Corporation (Election of Councillors) Rules, 2012, Rule 15 -- Election of Councillors Rules, 1970 - Election - Power of SEC - Grant of free symbol - Nowhere in the MCD Act is there any reference to recognised political party or to allocation of symbols for contesting an election - Moreover, symbol..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Application for divorce by mutual consent remains dormant for a period of 6 months from the date of notice - If both parties remain consensual regarding divorce they move the Court under sub-sec.(2) - Parties cannot do so later than 18 months after the presentation of the petition...........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 3(f)(vi) -- Acquisition of land for co-operative society - Public purpose - Averments "that acquisition of any land under the Act will not be for a public purpose and will have to be in accordance with provisions contained in Part VII of the Act - Even if acquisition is for carrying out any..........
Representation of the Peoples Act, 1951, Section 87, 100(1)(d)(4) -- Election petition - Material facts - An examination of paragraphs 4 to 10 of the Election Petition prima facie contain material facts as also particulars of allegations over violation of Rule 54-A of the Rules in the matter of counting of votes received by post - Contention that adding up of the number of..........
Indian Penal Code, 1860, Section 302, 34 -- Common intention - Accused allegedly snatched axe from deceased and inflicted blow on his neck - Co-accused inflicted second blow with same axe causing injury on arm of deceased - Inflicting second blow in quick succession causing injury on non-vital part of body will not warrant an inference that co-accused had common intention..........
Arbitration and Conciliation Act, 1996, Section 11, 6 -- Arbitration agreement containing clause for appointment of arbitrator - Arbitrator appointed by Chief Justice or his designate under Sec.11 of the Act after satisfying himself that conditions for exercise of power to appoint arbitrator are present - Held, Arbitral Tribunal cannot go behind such decision and rule on..........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement of ejectment proceedings - Landlady filed eviction application on ground of bonafide necessity as she required demised premises for her residence as well as that of her family - Landlady, being a widow, fall in category of specified landlords under Sec.23-J of M.P.Accommodation Control Act and thus, was competent to..........
Haryana Canal and Drainage Act, 1974, Section 18(2) -- Irrigation scheme - Respondent filed application under Sec.18(2) of Act praying for transfer of 9.12 acres of land from Askhera Minor to Chautala Minor to provide sufficient waster to his fields - Draft scheme was prepared and published and objections invited and thereafter proposal of respondent approved - No..........
Haryana Canal and Drainage Act, 1974, Section 55,17 -- Change of Waraband and to provide additional naka - Private respondent laid application under Sec.55 for change of Warabandi - Deputy Collection, apart from ordering change of Warabandi, also provided additional naka to irrigate fields of respondent - Order of Deputy Collector set aside - Held, additional naka can be..........
