Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 5 -- Eviction of unauthorised occupant of Government land - Land recorded under ownership and possession of Provincial Government from 1924 - 25 to 1994 - 95 - In Column No. 5 of various Jamabandis no entry of any of the petitioners as cultivators nor land in question ever taken on lease from..........
Easements Act, 1882, Section 60, 52 -- Municipal Committee gave land on payment of tehbazari - fees - Construction raised over land by licensee and continued in possession paying tehbazari - fees - Municipal Committee not entitled to revoke licence in view of Section 60(b) - Death of licensee - Licence would automatically come to end - Legal representatives of licensee not..........
Constitution of India, 1950, Article 226 -- Challenge to appointment of Lambardar - High Court while exercising writ jurisdiction not to interfere in matter pertaining to appointment of Lambardar particularly when Revenue Authorities under Punjab Land Revenue Act have come to a particular conclusion about appointment of Lambardar keeping in view consistent view taken by..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time for payment - (i) Section 149 CPC has to be interpreted and given effect to in a liberal manner; (ii) the payment of deficit court fee is a matter between the State i.e. Revenue and the plaintiff; (iii) the effect of allowing an application under Section 149 CPC is as if the deficit court fee..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Land reserved during consolidation for common purposes, recorded in Jamabandi in the name of Mushtarka Malkan and in cultivation column Panchayat Deh in possession of lessees of Gram Panchayat - Before ordering partition it has to be determined whether land in question is Shamlat..........
Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 -- Regulation 5 - Filing of application with 10% price of plot as earnest money - Does not give any right to applicant to claim allotment of plot as a matter of right - By filing application in accordance with law - Applicant only gets a right of consideration of his application - Does not get a..........
Constitution of India, 1950, Article 226 -- Challenge to resumption order under Section 17 Haryana Urban Development Authority Act for failure to construct within stipulated time - Petitioner shifting his stand from one authority to another - Not come to Court with clean hands - Such litigant cannot be granted any discretionary relief in exercise of writ jurisdiction under..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Grounds for setting it aside are (i) a party was under some incapacity, or (ii) the arbitration agreement is not valid under the law; (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to..........
Civil Procedure Code, 1908, Section 2(2), 2(14), 96, 104, Order 43, Rule 1 -- Judgment styled as 'order' matters little - Order if fulfills conditions of definition of `decree' under Section 2(2) - Becomes appealable - Does not fall within Section 104 and only Section 96 is applicable - Orders not appealable are generally those which are processual i.e. interlocutory or..........
Civil Procedure Code, 1908, Section 115 -- after amendment by Act 46 of 1999 w.e.f. 1.7.2002 - Revision petition admitted before amendment - Has to be decided as per altered mode of amended provisions since Section 6 General Clauses Act not applicable because no substantive vested right available to a party seeking revision under Section 115 - General Clauses Act, Section..........
