Land Acquisition Act, 1894, Section 5A, 4, 6 -- Challenge to acquisition proceedings on ground of non - hearing of objections under Section 5 - A - Hardly any choice for the Court but for to issue Notice of Motion whenever there is positive pleadings that objections under Section 5 - A not been heard - Normally while issuing Notice of Motion order passed asking petitioners..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Opium - Case property duly sealed and sent to Police Station and received by Moharrir Head Constable as SHO was on patrol duty - Though there was no strict compliance of S.55 but it will not damage the case of prosecution - Section 55 is directory and not mandatory - Accused was not able to show any..........
Civil Procedure Code, 1908, Section 152 -- Scope of - Contemplates correction of mistakes by Court of its ministerial actions - Does not contemplate passing of effective judicial orders after judgment, decree or order - Very Court or Tribunal cannot on mere change of view - Not entitled to vary terms of judgment, decree and order earlier passed except by means of review,..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revisional jurisdiction - Power of the High Court under Section 15(5) of the 1949 Act much wider than its revisional jurisdiction under Section 115 CPC - It has to be exercised subject to well known limitations inherent in all revisional jurisdictions - It cannot be equated with an appellate jurisdiction - High..........
Civil Procedure Code, 1908, Section 60, Payment of Gratuity Act, 1972, Section 13 -- Payment - Pension Act, Section 11 - Employees Provident Fund & Miscellaneous Provisions Act, 1952, Section 10(2) - Attachment order - Whether the amount due as provident fund, leave salary, gratuity etc., to the deceased employee can be attached in the hands of the employer pending the..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4,5 -- Punjab Village Common Lands (Regulation) Act, 1961, Section 7 - Eviction - Exchange of Gram Panchayat land with that of the land of the petitioner admitted - The petitioner entered into the land, subject matter of exchange, his initial entry cannot be said to be unauthorised - Only on..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 2(g)(1), Punjab Village Common Lands (Regulation) Rules, 1964, Rule 13, Constitution of India, 1950, Article 226 -- Gift of Shamlat Deh (Charand) to establish Educational Academy and Government granted sanction to resolution of Gram Panchayat - Land in Consolidation Scheme earmarked as Pasture (Charand) for..........
Consumer Protection Act, 1986, Section 27,17(b),21 -- Penalties - Revision - Maintainability - Held that the proceedings initiated under Section 27 of the Act cannot be equated to that of a `complaint' nor it is equated to that of a `consumer dispute' within meaning of Section 27 of the Act - Therefore, no remedy as against the order passed by the State Commission under..........
Consumer Protection Act, 1986, Section 27,17(b) -- Punishment order - Revisional jurisdiction - Order passed by the District Forum under Section 27 of the Act punishing a trader or a person on the ground of failure to comply with any order made by the District Forum is final and no remedy under the Act is available as against the said order - Therefore, the revision filed..........
Array of parties -- Held that though it is true that procedural technicalities cannot come in the way of the complainant yet the provisions of an enactment etc. providing for persons suing or being sued should be kept in mind - In case proper parties are not arrayed or unnecessary parties are impleaded the complainant may suffer difficulties not only at the time of..........
