Punjab Regional and Town Planning and Development Act, 1995, Section 43 -- Plot allotment - Change in mode of allotment - Allotment of plot for a private nursing home - The mode of allotment by selection was changed to allotment by draw of lots - Held that the State Commission was absolutely justified in holding that it was just a method of allotment of government property..........
Indian Penal Code, 1860, Section 354, 377 -- Rape or child sex abuse - Provision of S.327(2) Cr.P.C. shall apply to inquiry or trial of offences u/ss 354 and 377 IPC and (i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused; (ii) the questions put in..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 2(1A) -- Package deal property - Is one which is transferred by Central Government to State Government on payment of price - Suit land, applied for transfer by appellant approved by Sales Commissioner - Panchayat Samiti challenged the same in appeal - Such land did not find mention in the Schedule attached to the..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Incident in the night - FIR lodged in the morning - Plea that those days the terrorists were active in the State of Punjab - Not acceptable as assailants were not members of a terrorist group but were members of the family of his brother's wife...........
Electricity -- Dispute - Jurisdiction - Civil Court jurisdiction is not barred by scheme framed by Punjab State Electricity Board by composition of Dispute Settlement Committee - Jurisdiction of Civil Court can only be barred by a statute and not rules framed by Board - Provisions of S.49 and 79(j) of Electricity (Supply) Act, 1948, do not authorise the Board to create..........
Punjab Panchayati Raj Election Rules, 1994, Rule 33 -- Form IX - Mistake in Form IX - Correction of - Returning Officer Has no jurisdiction to change entries recorded in Form IX - Once a candidate has been declared elected in Form IX - Returning Officer ceases to have any power to alter said declaration subsequently - Declaration contained in Form IX - Can only be..........
Civil Procedure Code, 1908 -- ( as applicable to the State of Punjab, Haryana and Chandigarh) - Order XV ,R. 5 - Striking of defence - The trial court accepted the deposit of arrears of rent by the tenant - Prayer of landlord for striking oFf defence for non-deposit of rent rejected - Order of the trial court upheld as the serious question of jurisdiction of the Civil..........
Civil Procedure Code, 1908, Section 115 -- Order XV Rule 5 ( as applicable to the State of Punjab, Haryana and Chandigarh) - Striking off defence - Revisional jurisdiction - The trial court exercised jurisdiction lawfully by refusing to strike off defence and accepting the deposit of arrears of rent - High Court held not justified in interfering with the same in exercised..........
Punjab State Election Commission Act, 1994, Section 58 -- Election of Chairman Block Samiti adjourned by Returning Officer keeping in view law and order situation - Once this order was passed matter had to be reported to Election Commission - Thereafter it was for Election Commission to issue a fresh notification for refixing the poll - Order of Returning Officer declaring..........
Punjab State Election Commission Act, 1994, Section 58 -- Poll where adjourned by a Presiding Officer, he shall forthwith inform concerned Returning Officer - Returning Officer duty bound under Section 58(2) to immediately report circumstances to Prescribed Authority and Election Commission - Only thereafter, with previous approval of Election Commission, the Returning..........
