Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Appellants while raising construction of residential property, did not maintain open spaces as prescribed under Municipal Building Rules - However, in enquiry report as presented by municipal authorities, construction made by appellants has not been found to be in violation of building plan - Appellants have a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material alteration - Landlord examined advocate who was appointed as a Local Commissioner - He proved his report and stated that he visited spot after issuing notice to both parties and proved site plan - Courts below rightly recorded the finding that petitioner had carried out material..........
Rajasthan Municipalities Act, 1959, Section 173A(2) -- Change of use of land - Commercial-cum-residential complex - Respondents intended to construct multi-storyed building for commercial-cum-residential complex for which conversion charges as condition precedent for sanction map is mandatory - Contention of respondents that they were forced by Corporation to apply for..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and eviction - Bonafide requirement for carrying out re-building and reconstruction - Landlord duly proved on record his sanction plan - Even, there is no dispute that landlord has necessary means for carrying out construction - Moreover, in present era of liberalised economy it is not very difficult to..........
Rent and eviction -- Reconstruction of building - Dilapidated condition - Obtaining of license, approved plan will arise after vacating all tenants - Fact that landlord did not occupy one of the shops that fell vacant shows his intention to demolish old building - Tenant rightly evicted...........
Specific Relief Act, 1963, Section 14(3)(c)(i) -- Development agreement - Specific performance - Parties not clearly defined the nature of material to be used, requirement of quality, structure of building, size of flats and obligations of owner after plan is sanctioned - Exact amount of remuneration payable by owner to contractor not found in agreement - Agreement between..........
Civil Procedure Code, 1908, Section 151 -- Application for additional evidence was allowed - Injunction was granted only with regard to forcible interference and dispossession - Statement of building inspector recorded would not be relevant and material qua alleged breach of injunction, for, it pertained to sanctioning of site plan in respect of building - Trial Court not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Declined - Order upheld by appellate Court - No perversity or illegality in the impugned order - Conclusions of Courts below that plaintiff constructed the shop in dispute contrary to the approved building plan sanctioned by the Nagar Palika, are based on findings of fact arrived at on objective..........
Land Acquisition Act, 1894, Section 4, 6, 5A -- Acquisition of land - Declaration u/s 6 of the Act - Claim of exemption of land from acquisition - It was incumbent upon respondent No.1 to file objections u/s 5-A of the Act to claim exemption of land from acquisition on the basis of sanction of building plan granted before 1980 - Having failed to do so, respondent No.1..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Production of documents - Suit for specific performance - Permission sought to produce on record copy of drawing of proposed house and average value thereof and to adduce additional evidence in support thereof - Failure to satisfy Court as to - (i) How site plan of the building and value thereof were necessary for..........
