Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1) -- Eviction - Unauthorized occupant - Admitted case of petitioner that lease was only for a period of five years and lease was not extended - Held, merely because on representation filed by petitioner, superior authority, had asked respondent to consider case of petitioner for renewal of lease,..........
Stamp Act, 1899, Section 47A(2), Haryana Stamp (Prevention of Under Valuation of Instruments) Rules, 1978, Section 5(1) - - Market value of land - Determination - Validity - Only reason assigned for determining market value forthcoming from impugned order is bald assertion that property in question is located at Urban Estate, Hisar where all modern facilities and amenities..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 5 -- Police investigation - It is mandatory on the part of Special Judge to apply his mind to the allegations made in complaint to find-out as to whether it discloses any offence and whether it is necessary to refer the complaint to police for investigation...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 5A -- Allotment of residential plot - Mahatma Gandhi Gramin Basti Yojna Scheme - Held, scheme has been framed to enable Gram Panchayat to allot plots to eligible members of scheduled castes - Where suitable shamilat land is not available land should be provided by way of transfer from private land or by..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application to bring LR on record - Delay of 1216 days - Condonation - Petitioner No.1 stated that plaintiff No.2 died due to illness - Petitioner No.1 was not doing well and was unable to move due to his illness - On account of his ignorance and illness, he could not intimate death of..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication in a newspaper - Order as to issuance of summons to defendant on new address - Order not complied with - On a request substituted service allowed in a causal manner - Before ordering substituted service, Court should resort to procedure laid down in O.5.R.17 CPC and when after resorting the..........
Civil Procedure Code, 1908, Order 5, Rule 11 -- More than one defendants - Service of summons on some of the defendants - Other defendants cannot be taken to be served with summons - There is no presumption that if one defendant is served the other defendants should be deemed to have been served...........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 279, 114, Motor Vehicles Act, 1988, Section 184, 177, 192, 5, 6, 8, 10, 11 - - Release of vehicle seized in an offence u/s 279, 114 IPC, Ss.184, 177 & 192 of Motor Vehicles Act, Ss.5, 6, 8 & 10 of Gujarat Animal Preservation Act and S.11 of Prevention of Cruelty to Animals Act while transporting..........
Civil Procedure Code, 1908, Section 5, Order 9, Rule 13(As - - Ex parte decree - Setting aside - Delay - Condonation - Application for setting aside ex parte decree can be filed even after the prescribed period of limitation, if the applicant satisfies the Court that he was prevented by sufficient cause from filing the application within prescribed time...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Non appearance of Advocate, his failure to communicate that defendant is proceeded against ex parte and defendant's lack of knowledge of ex parte judgment - Can be treated as sufficient cause for condoning the delay and setting aside the ex parte..........
