Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier title suit dismissed without adjudication of any rights of plaintiff over suit land vis-a-vis cantonment Board - Issue in present title suit was neither directly or indirectly in issue in the previous suit and there was no conflict of interest between co-defendants in the previous suit, which if any, never..........
Prevention of Corruption Act, 1988, Section 2(c) -- Public servant - Petitioner is an employee of Cantonment Board, which is not only a local authority as provided u/s 10 of Cantonments Act and defined u/art 243-P(e) of Constitution, but also a body corporate u/s 11 of Cantonments Act - Such employee thus, comes under definition of `public servant' for purpose of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Registration of case by CBI - - Petitioner is an employee of Cantonment Board - Cantonment Board is an institution controlled by and concerning affairs of Central Government - CBI is thus, having power and jurisdiction to register a case against petitioner under the Act...........
Constitution of India, 1950, Article 226 -- Writ - Petitioner bid was initially accepted by respondents but since communication towers were to be installed in military cantonment area, for security reasons, after taking opinion from Director General Signals, fresh tenders were ordered to be invited - Respondents were best judge to decide about issuance of fresh tender..........
Rent and eviction -- Landlord and tenant relationship - Landlord proved registered sale deed by which his father was owner - Ownership also established by assessment record maintained by Cantonment Board - Apart from documentary evidence landlord also adduced oral evidence - Mother of landlord maintained account book which depicts rent paid by tenants - On the other hand..........
Evidence Act, 1872, Section 65, 74 -- Cantonment Act, 1924, Cantonment Land Administration - Public documents - General Land Register and other documents maintained by the Cantonment Board under the Cantonment Act, 1924 and the Rules made thereunder are public documents and the certified copies of the same are admissible in evidence - It is settled legal position that the..........
Land Acquisition Act, 1894, Section 23 -- Market value - Comparable sale - Land acquired situated within municipal limits and was adjacent to existing colonies - Land acquired in the present case had great potential value for urban purposes, i.e. commercial, industrial and residential - Land of `K' acquired in same year much nearer to land acquired to present case than..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49 -- Juvenile - Age - - School record - Proof of - Held, if school record entry is genuine and finds a corroboration from entries made in Cantonment Board, record of Cantonment Board should not be discarded only on ground that it has been mentioned at serial number 419-A between two other entries - If..........
Haryana Municipal Act, 1973, Section 2A, 3, Haryana Municipal Corporation Act, 1994, Section 3, Constitution of India, 1950, Article 243(P), 243 -- Govt. issued notification declaring Panchkula Municipal Council as Municipal Corporation by merging Pinjore and Kalka Municipal Corporation Councils and by adding 42 villages - Combined population of Municipal Committees and..........
Haryana Municipal Act, 1973, Section 246, Cantonment Act, 1924, Section 186 -- Building Bye Laws - Respondent submitted application for sanction of house plan - Plan neither sanctioned nor rejected within 60 days and thus presumed to have been sanctioned - Resolution passed by defendant No.2 for sanction of site plan for raising construction - Resolution suspended by..........
