Partition -- Property given in lieu of maintenance - Property given to daughter and wife in lieu of arrears of maintenance cannot be treated as allotment of share in partition...........
Allotment of shed and auction platform -- Merely because a person is having a licence to do business in a particular shop, he is not entitled to auction platform as a matter of right and that too in front of and/or adjacent to his shop, particularly when there is no such rule and/or regulation and/or guideline supporting such a claim...........
Consumer Protection Act, 1986, Section 12 -- Allotment of industrial plot - Cancellation of plot on the ground that steps were not taken for constructing industrial unit - Appellant never made any genuine effort to start its unit - No material on record to disclose that upon receipt of not less than three show cause notices, appellant showed any sense of urgency in taking..........
Plot -- Cancellation of plot allotment - Plot was allotted to petitioner and lease deed was executed and petitioner is in possession of same for more than 12 years - Cancellation of allotment would not automatically result in cancellation of lease deed that too without any refund of amount paid...........
Natural Justice -- Cancellation of allotment of plot without affording reasonable opportunity of hearing to the petitioner - Order of cancellation of allotment quashed - However, respondents are free to consider issue of irregular allotment of plot made and pass appropriate order in this behalf as per law after affording reasonable opportunity of hearing to petitioner...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Number of submissions were made by parties on merits in support of their respective claims for allotment of land in question as project affected persons - However, since High Court has not at all decided claims of respective parties on merits, matter remanded back to High Court...........
License -- Cancellation of fair price shop license - Respondent not only suppressed the fact about subsequent allotment of fair price shop to appellant but also tried to mislead High Court that fair price shop of respondent was attached to another fair price shop holder - She averred in her writ petition that no third party allotment was made - Non-disclosure of relevant..........
Service -- Disabled ex-serviceman - Decision to allot land but no letter of allotment issued - However, decision to allot land was only inter departmental communication and not a communication to the disabled soldier - Inter departmental communication cannot be the basis to claim any right - Disabled ex-serviceman not taken any action for almost 27 years after so-called..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Consumer Protection Act, 1986, Section 12 -- Allotment of plot - Cancellation of allotment of plot due to non payment of balance amount - Plot in question already been allotted to third party - There is thus, no plot available which could be allotted to complainants - Amount deposited by society in compliance of impugned order of National Commission alongwith interest..........
