Punjab Pre-emption Act, 1913, Section 3(3), 8(2) -- Right of pre-emption - Urban immovable property located in a municipal area of Haryana - Notification of 1985 provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities in Haryana - Land and immovable property are two different terms - Notification limits its..........
Haryana Panchayati Raj Act, 1994, Section 7(4), Haryana Municipalities Act, 1973, Section 2A -- Demarcation of Sabha area - Transfer of land to municipal bodies - Effect of - Act of 1994 contemplates vesting of property of Gram Panchayat with Municipality - Whereas Municipal Act takes into its ambit properties vesting with Panchayat - Therefore, if whole or part of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 7, Rule 11 -- Eviction petition - Rejection of eviction petition - Admittedly, present eviction petition was filed in the year 2014 and property was brought within limits of Municipal Corporation, vide notification 2010 which was prior to filing of present eviction..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Mere mentioning by any of parties in sale deed or in rent deed that property is situated outside municipal limits would not change effect of legal provisions applicable upon parties and that there should be no estoppel against the law...........
Haryana Municipalities Act, 1973, Section 21, Haryana Municipal Election Rules, 1978, Rule 72A -- No confidence motion - Against President and Vice President - Can be made through a written request given to Deputy Commissioner by not less than 1/3rd members...........
Haryana Municipalities Act, 1973, Section 21, Haryana Municipal Election Rules, 1978, Rule 72A -- No confidence motion - In the instant case, motion was move by 21 Councillors before Deputy Commissioner - It cannot be said that motion was not signed by 2/3rd member of total strength - Confusion which was created due to putting signatures by one Councillor at two different..........
Haryana Municipalities Act, 1973, Section 21, Haryana Municipal Election Rules, 1978, Rule 72A -- No confidence motion - As per petitioner, for calling second meeting of No Confidence Motion, a period of six months is required, whereas period of six months was not there between first and second meeting - Does not carry any weight as it cannot be said to be second meeting..........
Haryana Municipal Corporation Act, 1994, Section 87, 88 -- User charges - Discharge of waste water into Municipal sewer line - Water extracted by tubewells installed by Schools discharged into Municipal drains, therefore, Corporation is justified to levy user charges whereby waste water of Schools is carried by Municipal drains - Said user charges is not tax or fee as..........
Haryana Municipalities Act, 1973, Section 52 -- Notice - In the instant case, suit is only qua action of revenue authorities or qua title of plaintiff per se - Any action of Municipal Committee or any order passed by any officer of Municipal Committee is not under challenge in this suit - Hence, there is no requirement of serving notice upon Municipal Committee...........
Legal Services Authorities Act, 1987, Section 22C(6), Haryana Municipal Corporation Act, 1994, Section 408A -- Cognizance of cases - Though vide notification housing has been brought within embrace of Public Utility Services, but manner and mode in which complaint has been entertained by Permanent Lok Adalat is not appreciable as dispute between Municipal Corporation and..........
