Constitution of India, 1950, Article 226 -- Objection of delay and laches inasmuch as writ petition filed in 1994 after almost 12 years of communication of decision based on negative report of Screening Committee - On representation petitioner's case ordered to be re - considered and a meeting of Review Standing Committee in fact convened in 1991 - Must have given rise to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction to restrain Gram Panchayat from interfering in possession of land taken on lease granted by B.D.&P.O. for manufacturing bricks, making payment of Chakota and lease money to Gram Panchayat - B.D.& P.O. not competent to auction land of Gram Panchayat as permission of..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 10, 4, Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 2(b) -- Fully developed land/sites - Authorities under no obligation to auction fully developed sites - Plea that possession of sites cannot be treated to have been legally transferred until all the amenities made available - Not tenable..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption of plot on ground of violation of Rule 5 of Punjab Capital (Development and Regulation) Building Rules, 1952 - Order challenged by mortgagee who is also holder of general power of attorney from allottee - Objection raised in written statement to maintainability of writ petition and locus..........
Constitution of India, 1950, Article 226 -- Objection raised in written statement to maintainability of writ petition - Absence of express rejection of plea - Effect - Cannot be said that plea left open for future consideration - Order passed by Court if legally incorrect due to no, consideration of objection - Should have been challenged by filing Special Leave to Appeal..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption order quashed - Fresh resumption proceedings on a ground available to Authorities at the time of initiation of previous proceedings - Not permissible - So-called violation of terms and conditions of allotment and conveyance deed - Should be deemed to have been condoned because while..........
Civil Procedure Code, 1908, Section 34 -- Interest - Commercial loan by banks - Court has no discretion to grant different rate of interest than the contractual rate of interest from the date it is due and payable to the date it is actually paid - In case of commercial loans of the Banks, S.34 of CPC is to be applied in the context of circulars/directions issued by the..........
Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 4, 2(e), Punjab Urban Estate (Development and Regulation) Act, 1964, Section 3, 23 -- Enhanced price, demand for - Demand raised represents sale price fixed by Government - Fixation of price by Government and consequent demand raised - Cannot be declared illegal - Tentative price for site - Fixed by Government in..........
Constitution of India, 1950, Article 226 -- Challenge to demand of enhanced price - While allotting plot Authorities made it clear that tentative price would be intimated after approval by Government and allotment is subject to provisions of Punjab Urban Estates (Development and Regulation) Act and the Rules as well as Policy framed thereunder - Allottee accepted these..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption ordered on ground of misuse of premises by Government Department - Ejectment order upheld in appeal - Undertaking given by Government that misuse of premises will be vacated within one year - Accepted - Order of..........
