Criminal Procedure Code, 1973, Section 437, 439, 167(2) -- Non filing of charge sheet within 90 days - Bail - Accused arrested u/s 15 of NDPS Act at Rajasthan - While under detention in relation to another case he was recorded as arrested in M.P. State in a similar case - Bail granted by Rajasthan Court - M.P. Court refused bail u/s 167(2) on ground he was not produced..........
Public Premises (Eviction of Unauthorised Occupants) Act, Section 9 -- Dismissal of appeal against order of demolition - Order of demolition on ground of carrying out major repairs while notice issued under Section 5 - B(1) did not contain such allegation - Order in violation of principles of natural justice - Jurisdictional defect with which original order afflicted -..........
Land Acquisition Act, 1894, Section 28 -- A - Not applicable when land acquired under Defence of India Act, 1971 and compensation paid under Requisitioning and Acquisition of Immovable Property Act, 1952 - Provisions of Land Acquisition Act cannot be read into the statute under which land requisitioned and acquisitioned - No provision to re - determine compensation like..........
Constitution of India, 1950, Article 226 -- Suppression of material facts inasmuch as failure to disclose earlier litigation between the parties - Challenge only in regard to assuming of jurisdiction by Special Land Acquisition Collector in re - determining compensation under Section 28 - A Land Acquisition Act when land acquired under Defence of India Act, 1971 and..........
Constitution of India, 1950, Article 14 -- Plea of entitlement being similarly situated - Preferential allotment of plots in favour of certain persons under Punjab Town Improvement Act - Court should first decide the question whether allotments in favour of those persons within scope of Rules applicable - Allotments in favour of other persons if not within scope of Rules -..........
Civil Procedure Code, 1908, Section 9 -- Mismanagement and misutilising funds of the Municipal Council by its Officers - Suit filed against Municipal Council - Mandatory injunction sought against the State Government and the Collector to take necessary action against the defendants - Municipal Council Act providing for machinery for redressing grievance as made - There..........
Hindu Succession Act, 1956, Section 15(1)(b) -- Female Hindu - Property inherited by female Hindu from her father or mother - Would not fall under sub-section (1) of S.15 but under sub-section (2) - Appellant's wife and her sister inherited property from their mother - Appellant's wife died - Appellant's claim of half share of property - Not tenable - Property would..........
Punjab Security of Land Tenures Act, Section 1 -- Ejectment of tenant from Government land on the ground of non - payment of rent - Not permissible in view of Section 21 - Government cannot get its tenant ejected under Punjab Security of Land Tenures Act - Government empowered to get tenant ejected from its land under Punjab Tenancy Act...........
Transfer of Property Act, Section 3 -- Affixation of signatures by Registering Authority - Does not amount to attestation of Will - Registration Act, Section 59...........
Will, validity of execution -- Suspicious circumstances - (1) one of the witness, Advocate, not examined as a witness, signed on margin of first page, not signed on any other page and did not sign on last page, (2) other witness affixed his thumb marks only on last page and not on earlier pages, (3) executant not signed below the Will on last page and thumb marked only in..........
