Showing : 1-10 of 24 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Dispute between plaintiff and Municipal Corporation - Municipal Corporation taking up proceedings for removal of encroachment made by plaintiff based on applicant's complaint as disputed encroachment or construction is just in front of his house - None of applicant's..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for removal of encroachment - Objections - No valid grievance to obstruct execution of decree - Apprehension that while executing decree possession of petitioners on pattasud land is likely to be disturbed is wholly unfounded - Executing Court committed no illegality and..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Encroachment and construction during pendency of suit - Plaintiff is not under an obligation to seek further relief of demolition and removal of encroachment - Court has to look into situation as it was on the date of institution of suit and for subsequent events specific..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Constitution of India, 1950, Article 226-- Illegal demolition - Grant of compensation - No proof of encroachment of public premises vesting in Govt. or municipal body - No proof of any police power in religious trust to demolish or cause to be demolished any building purporting to be an encroachment - No statutory power is shown to exist..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 3-- Suit for possession and removal of encroachment - Non filing of sketch showing the extent of encroachment - Not fatal when all the encroachments fall within the suit property, which was pleaded to belong to the plaintiff...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973-- Street - Civil Court passed status quo order - Proceedings initiated under Punjab Public Premises Act for removal of encroachment - Adjourned sine die to await the decision of civil suit - Held, as status quo order, passed by Civil Court, was still operative as such application under Punjab Public..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Encroachment of public property - A private person can seek remedy for its removal, when his interest, direct or indirect, is involved - It cannot be said that it is entirely a matter for the State which is sought to be questioned in the suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7(iv)(d)-- Public Street - Encroachment of - Suit for removal of encroachment - Court fee - Public street not have any market value as it is meant for public use - Not personal property of Municipality - Adveloram Court fee not payable - Suit for mandatory injunction maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Appellant prosecuted for removal of tea stall - Appellant a public servant and while discharging the official duty removed the encroachment under the orders of competent authority - Appellant is protected u/s 197 Cr.P.C. - Order of cognizance rightly set aside in revision...........

Showing : 1-10 of 24 Results