Haryana Panchayati Raj Act, 1994, Section 176(4)(a), 176(4)(b) -- Election of Sarpanch - Total 2329 votes polled - 185 votes declared invalid - 2144 votes found to be valid - Returned candidate secured 612 votes - Defeated candidate secured 588 votes - Election petition - Pleas regarding irregularities and illegaties committed during course of election and also counting..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5, 18(6), Punjab Security of Land Tenures Act, 1953, Section 21, 24 -- Illegal order - Effect & Consequences - Land of Gram Panchayat declared surplus in 1961 - Compensation paid and received by Gram Panchayat - Land subsequently allotted by Government to various persons in 1976 - First installment deposited by the..........
Consumer Protection Act, 1986, Section 11(3) -- Territorial jurisdiction - Housing scheme - Prospectus purchased and application made in prescribed form along with 10% of the cost of the house in the prescribed authorized Bank OBC located at Delhi - The deposited amount refunded to the complainant at Delhi - The cause of action arose in 'part' in Delhi as OBC located in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR or criminal proceeding - Principles governing : (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) Where the allegations in..........
Industrial Disputes Act, 1947, Section 2(oo) , 25F -- Retrenchment - Back wages - Retrenchment of the workman was in violation of Clause 14 of the service Rules as well as Section 25F of the Act - Findings that the workman was not gainfully employed after his retrenchment - Since the workman has not been permitted to join his duties the labour Court has correctly granted..........
Consumer Protection Act, 1986, Section 25,27 -- Execution proceedings - There is no bar under the CP Act that execution applications cannot be simultaneously filed under Section 25 and 27 of the Act...........
Evidence Act, 1872, Section 113B -- Presumption - To be raised only on proof of the following essentials viz. (1) The question before the Court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304B IPC); (2) The woman was subjected to cruelty..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - In S.304-B there is no explanation of cruelty - Meaning of 'cruelty' or 'harassment' is the same as prescribed in the Explanation to Section 498-A under which 'cruelty' by itself amounts to an offence...........
Specific Relief Act, 1963, Section 20 -- Plea of Hardship - Agreement to sell - Sole Residential House - Suit for specific performance decreed - Second Appeal - Denial of specific performance of agreement sought in view of extreme hardship on account of sale of residential house - In terms of section 20 defendant to raise plea of circumstances which may cause hardship, if..........
Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Public street - Encroachment - Suit for mandatory injunction for removal of obstructions/encroachment - Municipal Council has statutory right to remove unauthorized encroachment - Right exercised by Municipal Corporation not for the benefit of itself but for the benefit of inhabitants of urban area - Civil..........
