Ownership -- Entries recorded in the municipal records pertaining to house tax cannot be taken to be as proof of ownership...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation - Merely because State or Municipal Council is party to the suit, it cannot be presumed that Revenue authorities would act mala fidely - Trial Court committed material illegality by rejecting application - Application allowed...........
Revenue record -- Revenue records (Jama Bandis) are only entries for the purpose of realising tax by municipal Corporations or land revenue by Gram Sabhas - It does not confer title...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Appellants while raising construction of residential property, did not maintain open spaces as prescribed under Municipal Building Rules - However, in enquiry report as presented by municipal authorities, construction made by appellants has not been found to be in violation of building plan - Appellants have a..........
Municipal Council -- Election - Removal from office of President/vice president - Ordinarily misconduct by an elected member arises which relate to his functioning after he has been elected to the office - However, in a given case, misconduct committed before the election can be taken cognizance provided that such misconduct is directly attributed to elected..........
Municipal Council -- Removal from office of President/vice president - Illegal construction - House alleged to have been illegally constructed was actually built by father of appellant - No specific finding that appellant was in any manner associated as a co-owner or had otherwise made any contribution in construction of house - Municipal authorities never took any action..........
Municipal Council -- Removal from office of President - If the act of president leads to financial loss to Municipality and if an elected representative most importantly the president himself fails to protect the interest of municipality, misconduct of causing financial loss or misappropriation etc., would undoubtedly be an act of gross misconduct justifying several penal..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Mode of determination of age - Date of birth certificate from school stands at highest pedestal - Whereas ossification test has been kept at the last rung to be considered only in the absence of both certificate from school and birth certificate issued by Corporation/Municipal..........
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..........
Rent and Eviction -- Demolition notice of Municipal Council - Court in eviction proceedings u/s 16(1)(k) of Maharashtra Rent Control Act has very limited role in determining as to whether demolition is really necessary or not - But it does not automatically follow therefrom that Court would mechanically adopt the view of municipal authority of there being urgent need of..........
