Punjab Panchayati Raj Act, Section 175(1) -- Two - thirds majority to remove a Chairman or Vice - Chairman from office - To be calculated with reference to total number (including vacancies) of elected members of Zila Parishad including Panchayat Samitis of the District and not with reference to total number of existing members at the time of passing no - confidence motion..........
Civil Procedure Code, Section 34 -- Mortgage suit - Controlled by Order 34 Rule 11 - Section 34 has no application - Provisions of Section 34 and Order 34 Rule 11 admit no conflict between them - Distinct and different provisions and operate in their own field...........
Environment (Protection) Act, 1986, Section 6 -- Noise - Not a nuisance simpliciter but in given circumstances can cause health hazards - Noise itself is actionable wrong in law and noise causing nuisance in no way outside actionable wrongs - Even if a person has permission from competent authorities to run a factory in the area where people are residing - Implied..........
Criminal Procedure Code, 1973, Section 145, 146 -- Injunction by Civil Court in favour of the petitioner - Proceedings under Section 145 initiated and ordered the attachment of the land and Receiver appointed - Subsequently no, speaking order passed and ordered the Kalendra to be filed - Order cannot be sustained - The proceedings taken by the Magistrate in this case are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Ready and willing - Amendment of plaint sought in appeal - Held, amendment inserting the relevant averments under Section 16(c) of the Specific Relief Act does not change the cause of action and would be legally permissible...........
Negotiable Instruments Act, 1881, Section 138, 118(g), 9 -- Bearer cheque - Dishonoured due to insufficiency of funds - There is presumption under S.118(g) that holder of a negotiable instrument is a holder in due course - Under Section 118(a), there is a presumption that every negotiable instrument was made or drawn for consideration - This presumption is, however,..........
Civil Procedure Code -- Amendment of plaint in a suit for specific performance - Averment under Section 16(c) Specific Relief Act regarding plaintiffs readiness and willingness to perform his part of contract not originally pleaded - Amendment inserting relevant averments under Section 16(c) - Does not change cause of action - Legally permissible as laid down in Gajanan..........
Specific Relief Act, Section 16(c) -- Plea that plaintiff ready and willing to perform his part of contract - Not originally pleaded - Amendment of plaint inserting relevant averments under Section 16(c) - Locus standi of subsequent purchaser to challenge - Re - consideration of decision in Jugraj Singh's case (1995) 2 SCC 31 by a larger Bench - Question left open - Civil..........
Constitution of India, 1950, Article 226,14 -- Challenge to action of State, in excluding some land from acquisition but no exemption granted in respect of land belonging to petitioners, as wholly discriminatory and violative of Article 14 and quashing of notifications under Sections 4 and 6 Land Acquisition Act - No objections filed by petitioners after issue of..........
Constitution of India, 1950, Article 226 -- Second petition to challenge Notification under Section 4 Land Acquisition Act - Not maintainable...........
