Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 12(2) -- Right of personal hearing - Not a sine qua non before competent authority passes appropriate order under Section 12(2) - Right of personal hearing under rules of natural justice - Impliedly excluded - Mandate of Section 12(2) does not incorporate requirement of..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 4, Constitution of India, 1950, Article 226 -- Requirement to publish declaration of 'controlled area' under Section 4 in two newspapers in a language other than English - Delay of 21 years in one of the publications - Grievance would be justified if - (i) delay in..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3, 5 -- Failure to prepare a Development Plan for 'controlled area' - Plea of non - compliance of provisions of mandatory procedure of Section 5 - Not tenable as action not initiated under Section 5 for violation of plans published - Show cause notice expressly states..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 4(2) -- Declaration of 'controlled area' under Section 4 to be published in two newspapers in a language other than English - Notification published in two languages in Hindi and Urdu besides its publication in English - Objection that Haryana Official Language Act does..........
Consumer Protection Act, 1986, Section 30 -- Maharashtra Consumer Protection Rules, 2000, Rules 4(7) and 8(2) - Advocates Act, 1961, Section 33 - Appearance by authorised agent - In the light of the Rules 4(7) and 8(2) of Rules of 2000, the objects, nature of proceedings and scheme of Act of 1986 and the purpose of appearance on the date of hearing, the agent appearing for..........
Constitution of India, 1950, Article 226 -- Plea that Authorities constituted under Punjab Village Common Lands (Regulation) Act have no jurisdiction at all to proceed with the case as land not Shamlat Deh as defined in Section 2(g)(i) inasmuch as land is subject to river action - Merely because Authority has proceeded in the case by even prima facie considering the land..........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o) -- Consumer - Services - Housing construction - Availing of service of another for constructing a building is `service' within the meaning of Section 2(1) (o) of the Act - Such person would be a consumer u/s 2(1) (d) (ii) of the Act...........
Criminal Procedure Code, 1973, Section 209 -- Charge u/s 307 IPC - Death of victim after a month - Supplementary charge-sheet u/s 302 IPC filed and cognizance of offence taken - Held, cognizance is not taken on a particular section of offence or a particular accused - Any subsequent addition or deletion in section and of accused can be made subsequent to taking cognizance...........
Evidence Act, 1872, Section 105, Indian Penal Code, 1860, Section 99, 96, 103 -- Right of private defence - Onus which rests on the accused person under Section 105 Evidence Act to establish his plea of private defence is not as onerous as the unshifting burden which lies on the prosecution to establish every ingredient of the offence with which the accused is charged,..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Burden of proof - Plea of benami can be considered if the person in whose name the property is held is a coparcener in Hindu Undivided Family and if the property is held for the benefit of coparcener - Plea raised that property is purchased benami in the name of adopted son - Adopted son can..........
