Tamil Nadu Acquisition of Lands for Harijan Welfare Scheme Act, 1978, Section 4(1) -- Acquisition of land for construction of houses under Harijan Welfare Scheme for Harijan people - Non-furnishing of report by Land Acquisition Officer - Does not ipso-facto vitiates acquisition proceedings and even, it is not necessary to give report to petitioner - District Collector has..........
Constitution of India, 1950, Article 226, Tamil Nadu Acquisition of Lands for Harijan Welfare Scheme Act, 1978, Section 4(1) -- Writ of Certiorari - Acquisition of land for construction of houses under Harijan Welfare Scheme for Harijan people - Non-furnishing of report by Land Acquisition Officer - In the instant case, objections of land owner over-ruled by District..........
Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 -- Restriction on construction of structures around - Existing building 40m away from the Fort - Roof slab of building is fully damaged and requires repair - Roofing works that have been undertaken are held not as construction within the meaning of the Act, but repairs - Judgment of..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Offence u/ss 13(1)(d), 13(2) of the Act - Accused allegedly committed irregularities in construction of wells undertaken in Jeevandhara Scheme and made payments fraudulently to beneficiaries without well being constructed - However, record reveals that third instalment which was to accrue on completion of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Defendant was put into possession of suit property pursuant to agreement to sell executed by father of plaintiff - Construction over suit property was raised by defendant with consent of plaintiff, who never objected to same - Possession of defendant is permissive and not that of an encroacher..........
Specific Relief Act, 1963, Section 38 -- Suit for possession - Development agreement between parties - No construction done by developer within 24 months period - Third party stepped into shoes of original developer - Said developer posted armed guards around property to prevent appellant from entering - Appellant is directed to deposit 20 crores in Court and upon said..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........
Statute -- Interpretation - In interpreting provision of Act, construction that will promote purpose or object underlying the Act should be preferred to interpretation that will not promote the object...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of widow of deceased defendant - Suit for demolition, permanent injunction and other consequential reliefs - Widow of deceased defendant is a necessary party, particularly when it was she who carried out the encroachment extension over suit property as alleged by plaintiff - Application for impleadment of widow..........
Haryana Urban Development Authority Act, 1977, Section 17 -- Resumption of plot - Concession to allottee - Petitioner cannot seek to derive benefit under policy i.e. extension of time to put construction on one hand and reject conditions stipulated for the same in the policy on the other hand - Moreover, it is composite policy and allottee cannot seek to derive benefit..........
