Removal of Sarpanch – Jurisdiction of Deputy Commissioner – Petitioner challenged his removal from the post of Sarpanch by the Deputy Commissioner under Section 51(3)(b) and 51(3)(c) of the Haryana Panchayati Raj Act, 1994 – Held, Section 51 enables the Director or Deputy Commissioner to order removal after an inquiry on specified grounds, while Section 176 deals with the determi...
Impleading Necessary Parties – Application to Sell Minors' Property – Petitioners, maternal grandmother and uncles, sought permission to sell minors’ property, impleading only the General Public as respondent – Trial Court ordered impleading of natural father and grandparents – Held, natural father and grandparents are necessary parties for proper adjudication &nd...
Tribunal Procedure – Cross-Examination Requirement – Petitioner's appeal involved procedural deficiencies where the Tribunal recorded witness statements without cross-examination – Tribunal decided based on witness statements given in examination-in-chief without cross-examination – Court held that summary procedure under Section 8 of the 2007 Act should not cause preju...
Property Rights – Ownership of Common Land – Petitioners challenged their suspension under Section 20 of the Punjab Panchayati Raj Act, 1994 – Questioned divestment of ownership rights over land reserved for common purposes during consolidation – Held, Section 42A of the 1948 Act does not divest proprietors of ownership – Control and management vest in Gram Panchayat ...
Parole – Denial of Parole – Petitioner convicted under Sections 120-B, 302, 34, 109, and 115 IPC – Denied parole based on past conduct where she absconded during emergency parole and was arrested with fake documents at Nepal border – District Magistrate's decision upheld due to risk of evading legal process and escaping the country – Previous misuse of parole cons...
Criminal Procedure - Condonation of Delay - Medical Grounds - Petition against dismissal of revision petition for 54/55-day delay - Petitioner claimed delay due to illness, but no supporting documents were submitted - Trial court dismissed revision on technical grounds without hearing merits - Held, delay condoned - Revision petition restored for disposal on merits - Petition allowed. [Para 12]
...
Negotiable Instruments - Cheque Bounce - Acquittal - Appeal against acquittal under Section 138 of the Negotiable Instruments Act - Trial court held that complainant failed to prove the cheque was issued in discharge of legally enforceable debt - Presumption under Section 139 rebuttable - Accused raised a probable defense - Appeal dismissed. [Paras 9-11]
Presumption and Burden of Proo...
Criminal Law - Bail Cancellation - Non-Appearance of Counsel - Petitioners' bail bonds cancelled and arrest warrants issued due to counsel's failure to appear - Petitioners claimed non-appearance was due to wrongly noted hearing date - Held, purpose of issuing summons, warrants, etc., is to ensure presence of accused for trial - Petitioners' willingness to appear and join proceedings n...
Criminal Law - Sentencing - Reduction of Sentence - Petitioner convicted under Section 14(1A) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sentenced to 8 months rigorous imprisonment and fine of Rs. 6,000/- by Chief Judicial Magistrate - Sentence reduced to 6 months on appeal - Revision petition seeks further reduction due to protracted trial and personal circumst...
Criminal Law – Extension of Investigation Period – Default Bail – The petitioners challenged the trial court’s order granting a two-month extension for the completion of the investigation and filing of the final report under Section 36A(4) of the NDPS Act, 1985, without issuing notice to the accused. The court held that even though the proviso to Section 36A(4) does not spe...