Haryana Municipal Act, 1973, Section 208 -- Deputy Commissioner cannot take decision to impose additional composition fee under Section 208 - Only Municipal Committee under Section 208 is empowered to impose penalty for disobedience of provisions relating to sanction of building plan and also in cases of erection of building in contravention of sanctioned building plan -..........
Haryana Municipal Act, 1973, Section 246, 249 -- Deputy Commissioner under Section 246 does not have power to pass final order - Required to forward a copy of order passed under Section 246 to Commissioner along with a statement of reasons and explanation, if any, given by municipality concerned - Final decision has to be taken by Commissioner who may confirm, modify or..........
Criminal trial -- Speedy trial - Directions of Supreme Court in Raj Deo Sharma's case fixing time limit of two years in respect of offence punishable with imprisonment not exceeding seven years and three years in respect of offences punishable for period exceeding 7 years for closing evidence - Clarifications issued - Delay caused due to absence of Presiding Officer can be..........
Punjab Security of Land Tenures Act, Section 25, 18 -- Once genuineness of document (order passed under Section 18) in dispute declaring a tenant to be in possession of more land than established to be in possession of tenant - Civil Court will entertain the suit...........
Specific Relief Act, Section 38, 34, 6 -- Suit for declaration with consequential relief of injunction and further relief of possession on being dispossessed during pendency of suit - Plaintiffs claiming to be tenants threatened to be dispossessed by defendants on the basis of mutation sanctioned in pursuance of order of Collector passed under Section 18 Punjab Security of..........
Limitation Act, 1963, Article 113 -- Possession of plaintiffs being threatened in the garb of mutation but basic suit for relief of injunction - On date of institution of suit plaintiffs being disturbed from possession in execution of order of Collector passed under Section 18 Punjab Security of Land Tenures Act in pursuance of which mutation sanctioned - Cause of action..........
Punjab Security of Land Tenures Act, Section 18 -- Authorities allowed more land to be purchased than the area established to be in possession of tenant - Order under Section 18 - Without jurisdiction...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of appeal as well as suit with permission to file a fresh suit on same cause of action - Court before granting permission must be satisfied that the suit bound to fail by reason of some formal defect or that there are otherwise independent sufficient grounds for allowing plaintiff to institute a fresh suit for..........
Civil Procedure Code, 1908, Section 35A -- The Court has to remind itself of section 35-A, Civil Procedure Code and take deterrent action if it is satisfied that the litigation was inspired by vexatious motives...........
Hindu Marriage Act, 1955, Section 24 -- An exparte decree for restitution of conjugal rights cannot be held to be a bar to the maintainability of a petition under Section 24 of the Act...........
