Indian Contract Act, 1872, Section 72, Constitution of India, 1950, Article 300A, Delhi Development Act, 1957, Section 21 -- Allotment of flat/plot - Cancellation of allotment - Forfeiture of deposit amount by Delhi Development Authority (DDA) - On perception of fraud - In absence of any material such forfeiture partakes character of punishment and any such action against..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........
Civil Procedure Code, 1908, Order 21, Rule 85, 72(2) -- Auction sale - D.H. auction purchaser - D.H. is entitled to provision of set off U.O.21.R.85 CPC - There is thus, no question of deposit of auction amount - Respondent participated in bid with permission of Court, as there was not prospective buyer to offer bid on the occasion of previous auction sale - Mandatory..........
Limitation Act, 1963, Article 72 -- Suit for recovery by way of damages - Limitation - Limitation for filing suit for damages is one year from the date of cause of action...........
Evidence Act, 1872, Section 72, Registration Act, 1908, Section 17 -- Memorandum of adoption - Not required to be attested by attesting/marginal witnesses - Examination of attesting witnesses thus, cannot be considered mandatory even though memorandum of adoption is attested by marginal witnesses, particularly when one of executants and scribe has been examined and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37, Constitution of India, 1950, Article 72, 161, 32 -- Remission of sentence - When pardon or remission can be given u/Art.72 or 161 of Constitution by constitutional authority, Courts cannot exercise similar power u/Art.32 of Constitution of India...........
Limitation Act, 1963, Article 72 -- Limitation - Suit for compensation/damages on account of tortuous act of defendant - Suit has to be filed within one year from the date when act or omission takes place with regard to compensation for doing an act - However, suit filed more than one year after accrual of cause of action - Suit by limitation - Suit rightly dismissed...........
Registration Act, 1908, Section 17, 72 -- Sale deed - Refusal to register - Power of Registrar - If sale deed, validly executed with proper stamp paper is presented before registering authority then he is required to satisfy himself in terms of the provisions of 1908 Act and any other circulars and guidelines issued by land reforms department to conclude that whether the..........
Electricity Act, 2003, Section 2(72) -- Transmission lines - Switchgear and other works are part of transmission lines - Reg.3(12) of Regulation 2009, cannot be interpreted against spirit of definition of `transmission lines' given in statue...........
Registration Act, 1908, Section 71, 72, 73 -- Refusal to register sale deed - Appeal to Registrar - Appeal dismissed - Writ petition - Maintainability - Since appeal has been dismissed by Registrar thereby refusing to register the document, only remedy available to petitioner is to approach civil Court u/s 77 of Registration Act - However, petitioner has not availed said..........
