Haryana Panchayati Raj Act, 1994, Section 51(3) -- Removal of Sarpanch - Non - supply of copy of enquiry report to Sarpanch - Resulted in denial of opportunity of hearing envisaged under Section 51(3) - Order of removal of Sarpanch liable to be quashed on that ground - Right to make representation to disciplinary authority against findings recorded in enquiry report -..........
Haryana Panchayati Raj Act, 1994, Section 51(3) -- Expression 'opportunity of being heard' in Section 51(3) - Not defined in the Act and the Rules - Has to be so interpreted as to enable Sarpanch or Panch to effectively defend himself against action proposed to be taken by competent authority - Necessarily means that Sarpanch or Panch has to be informed of specific..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Components of offence under Section 138 are : (i) drawing of cheque by a person on an account maintained by him with a banker for payment to another person from out of that account for discharge in whole/part any debt or liability, - (ii) presentation of cheque by the payee or the holder in due course..........
Punjab Relief of Indebtedness Act, 1934, Section 34 -- Money lender - Passing of consideration to debtor - Burden of proof - It is on the money lender - Presumption of payment only if consideration is acknowledged by a debtor in his own handwriting or has been endorsed by the registering officer acting under Section 58(1) (c) of the Registration Act...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44,21(2) -- Bar of jurisdiction of civil court - Exchange of land took place on the basis of the written compromise entered into between the parties during the course of consolidation while hearing the objection petition before the Consolidation Officer under Section 21(2) of the Act -..........
Wakf Act, 1954, Section 66H, 8 -- Administration of Evacuee Property Act, 1950, Section 11 - Wakf property - Property in question was entrusted to the Wakf Board under Section 11(2) of the 1950 Act - The Wakf Board became its trustee in view of the amended provisions of Section 66-H of the Wakf Act - Held that the Wakf Board was competent to maintain the suit for..........
Consumer Protection Act, 1986, Section 13(c) -- Defective goods - Local Commissioner - Appointment of - Consumer Forums should appoint a person who is normally a Government agency and with requisite qualification and background to enable them to submit the report as a neutral organisation/person - If for any reason it is not possible to follow the provisions of Section..........
Consumer Protection Act, 1986, Section 2(1),(r),21(b) -- Tractor - Unfair trade practice - Petitioner tried to dispose of the second hand tractor fully knowing it has defects and sold it as new one by making changes in documents - Order of the State Commission in appeal directing the petitioner and manufacturer to jointly and severally pay the price of tractor has no..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of dead body on the basis of information already known - Section 27 of the Evidence Act has no application...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability of when in previous suit only a part of property involved and in subsequent suit whole property involved - Principle of res judicata under Section 11 attracted where issues directly and substantially involved between the same parties in the previous and subsequent suit are the same may be in the..........
