Criminal Procedure Code, 1973, Section 145 -- Proceedings can be initiated under the provision only when there is apprehension of breach of peace on a dispute of land or water or the boundary thereof - Dispute without apprehension of breach of peace does not give jurisdiction to the Magistrate to initiate proceedings under Section 145, Cr.P.C. to adjudicate the claim of..........
Pepsu Tenancy Agricultural Lands Act, 1955, Section 32, 32FF -- Gift of land in 1952 by landowner in favour of his sons - Gift deed not produced - Acceptance of donee not brought on record - Original Roznamcha of Patwari regarding entering of gift not produced - Mutation of gift sanctioned in 1956 - Gift not valid - Hit by Sections 32 and 32-FF - Transfer of Property Act,..........
Pepsu Tenancy Agricultural Lands Act, 1955, Section 22, 20, 7A, 3, 2(k) -- Purchase application by tenant recorded as tenant on the land in Jamabandi 1953-54 - Big landowner did not exercise right to reserve permissible area within time limit prescribed under Section 3(1) - Tenant fulfills all requisite qualifications and ingredients and guidelines framed by Supreme Court..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 19, Penal Code, 1860, Section 399,402 -- Arms Act, 1959, Section 25 - Jurisdiction - Recovery of Knives from appellants - Trial of the appellants alongwith other three accused by Designated Court under the provisions of TADA and for offences under IPC and Arms Act - No charge under the provisions of TADA..........
Appeal -- Right of one appeal - Should always be available to a litigant especially when delay not extraordinary and satisfactory explanation tendered - Limitation Act, Section 5...........
Limitation Act, 1963, Section 5 -- Period of 30 days for filing appeal - Pronouncement of order in the presence of appellant - Contradiction between recording of presence in certified copy of order as well as interlocutory order - Appellant must have acquired knowledge of order when received a notice calling upon him to deposit deficit amount - Limitation for filing appeal..........
Prevention of Corruption Act, 1988, Section 2(c)(ix),13E -- Public Servant - Quashing of FIR - Officers of the Primary Land Mortgage Bank would be covered under the definition of 'public servant' contained in Section 2(c) (ix) of the Act inasmuch as the Primary Land Mortgage Bank is a Society registered under the Haryana Cooperative Societies Act and deals in banking - No..........
Criminal Procedure Code, 1973, Section 468 -- Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3(i) and 10 - Cognizance of offences - Limitation - Quashing of FIR - FIR registered on 8.11.1983 for violation of provisions of Clause (i) of Section 3 of the 1975 Act - Challan submitted on 11.11.1986 - Delay not explained - Continuation of proceedings..........
Land Acquisition Act, 1894, Section 18 -- Once application under Section 18 filed by land owner before Collector - Duty of Collector to refer it to competent Court for its adjudication - Application moved by land owner hopelessly time - barred - No opinion can be given by Collector - Application of land owner received by Collector not complete - Land owner should complete..........
Civil Procedure Code, 1908, Section 115 -- sub-section (1) as amended by Section 32(2)(i) of Amendment Act 1999 and Order 26 Rule 9 - Appointment or refusal to appoint Local Commissioner - Does not finally dispose of suit - Proviso disentitles revision petitioner to any relief...........
