Haryana Development and Regulation of Urban Areas Act, 1975, Section 5, 3 -- Form LC-IV and Bilateral Agreements - Compound interest - Cannot be charged because there is no provision in the Act and the Rules or Form LC-IV and Bilateral Agreements executed - Authorities cannot charge compound interest - Haryana Development and Regulation of Urban Areas Rules, 1976, Rules..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3, 5 -- Agreement LC-IV clause (e)(iii) - Penal interest on unpaid instalments of External Development Charges - Authorities directed not to charge till completion of development works - Haryana Development and Regulation of Urban Areas Rules, 1976, Rules 11, 12, 13 and 14...........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3,5 -- Haryana Development Regulation of Urban Areas Rules, 1976, Rules 11 and 14 - Lack of basic amenities - Extra Development charges - Withholding of - The instalment of EDC are not subject to the completion of particular item of external development work at a particular point of time - If the basic..........
Haryana Development and Regulation of Urban Areas Act, 1975 -- Compound interest - Charging of - There is no provision in the Act of 1975 and the Rules for charging of the compound interest and respondent cannot charge the same...........
Haryana Urban Development Authority Act, 1977, Section 50(2) -- Under Section 50(2) jurisdiction of Civil Court barred - Specific objection taken in written statement - Court decided issue of jurisdiction in favour of plaintiff by holding that defendant did not press the same at the time of arguments - Erroneous - A concession cannot confer jurisdiction in a Court, where..........
Haryana Urban Development Authority Act, 1977, Section 50(2) -- Jurisdictional bar - If there was a specific bar created by a statute to the jurisdiction of the Civil Court, then the same was liable to be decided by the Courts on merits - A concession could not have conferred jurisdiction in a court, where it had none...........
Civil Procedure Code, 1908, Section 60(1) -- Proviso (ccc) as in Punjab and Haryana - Execution of decree against firm - A firm would also fall within category of a judgment - debtor but has no legal entity - Solitary property, a residential house purchased from funds of firm in possession and ownership of partners of firm - Cannot be subject to attachment - Merely because..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iii) -- Impairing value and utility of shop - Construction of Parchhati (balcony) by tenant in the shop - Finding of Courts below that it did not impair value and utility of the premises - No ground to interfere in finding of fact...........
Constitution of India, 1950, Article 226 -- Alternative remedy of appeal against impugned orders competent - Point with regard to availability of alternative remedy raised for the first time during the course of arguments and that too orally - Writ petition dismissed as withdrawn with liberty to file appeal against impugned orders - Haryana Municipal Act, Section..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- In the Rent Act there is no provision for treating any issue as a preliminary issue as provided U.O.14.R.2 CPC...........
