Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10, 18 -- Eviction - Execution proceedings - Abuse of process - Order of eviction passed in favour of landlady confirmed by High Court - SLP filed by tenant dismissed by Apex Court and time was granted to tenant to vacate demised premises subject to filling of affidavit of undertaking - Tenant failed to file..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as party - Rejection of application - Validity - - Construction of maternity center on disputed land - Issues involved in suit relate to claim of opposite party No.1 as lessee over suit land - Petitioners can have no say in such matter - Petitioners though social activists and representative of villagers, they..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 21(5), Punjab Minor Mineral Concession Rules, 1964, Rule 3(ii) -- Unauthorized mining - Minor minerals - Assessment of price - Validity - Show cause notice does not indicate method adopted for calculating quantity of minor minerals raised or price there of - Estimates of minor minerals excavated prepared by..........
Essential Commodities Act, 1955, Section 7 -- Orissa Foodgrains Dealers Licensing Order, 1964, CI.3 - Storage for sale of foodgrains without licence - Imposition of penalty & sentence - Validity - Application for grant of license was made prior to shop visit - Held, merely making an application does not authorize applicant to sell or store for sale any foodgrain in..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction - Validity of sanctioning order - When there is an order of sanction by the competent authority indicating application of mind, the same should not be lightly dealt with - Minor irregularities or technicalities are not to be given Everestine status - In these kind of matters there has to be reflection of..........
Prevention of Corruption Act, 1988, Section 19 -- Sanctioning - Validity of sanctioning order - Trial Court observed that order of sanction is (a) completely bereft of elementary details; (b) that though the date is not mentioned in the FIR, the authority has mentioned the date in the sanction order; (c) that the order of sanction is delightfully vague; (d) that the amount..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of Sarpanch - Validity - After two years, on same allegations, petitioner was again placed under suspension - On appeal said order was set aside by appellate authority - Writ petition thereagainst - Learned Single Judge dismissed said petition by observing that when in regular inquiry respondent No.12 was given..........
Indian Penal Code, 1860, Section 302, 404, 34 -- Murder - Conviction - Validity - Evidence of PW6, sole eye-witness, is cogent and trustworthy and further gets corroboration from medical evidence and also for factum of recovery of gold and silver ornaments which has been clearly proved by PW9 - Conviction proper - Appeal dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 42 - - Recovery of contraband - Acquittal - Validity - Independent witnesses did not support case of prosecution - It cannot be said that independent witnesses were interested to help accused persons unduly - Neither rukka was sent to police station nor recovery was effected from them on alleged place of..........
Haryana Urban Development Authority Act, 1977 - - Issuance of occupation certificate - Application for - Rejection of - Validity - Held, under building By-Laws, it is mandatory to provide sky light in Booth-cum-Basement site - Non providing of sky light is a major violation which cannot be compounded - Booth-cum-Basements sites of petitioner are being used for commercial..........
