Letters Patent -- Clause 10 - Plea for invoking inherent powers of Court under Section 151 Civil Procedure Code to do justice by awarding same compensation as awarded to other landowners whose land acquired by same notification - Not tenable as it would come in conflict with spirit and substance of statutory provisions prescribed under Clause 10 of Letters Patent -..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of Civil Court decree - Government Instructions dated 24.6.1996 - Decree which for the first time creates rights or interests in property of more than Rs.100/- Requires compulsory registration - Decree not registered although it required compulsory registration - Cannot be acted upon - Revenue..........
Haryana Urban Development Authority Act, 1977, Section 17, 42 -- Mere issuance of notices by Estate Officer - Cannot be treated as sufficient compliance of requirement of giving reasonable opportunity of hearing - Notices issued by Estate Officer neither served by registered post nor same tendered personally - Order of resumption passed without giving opportunity of..........
Haryana Urban Development Authority Act, 1977, Section 17(5), 17(6) -- One of the grounds in appeal that order of resumption contrary to principles of natural justice specifically pleading that notices issued under Section 17 not served on appellant - Appellate Authority brushed aside this vital point by observing that notices issued to appellant - Non - adjudication of..........
Haryana Urban Development Authority Act, 1977, Section 17, 42 -- Estate Officer under a legal duty not only to issue notices under Section 17(1) to 17(4) but also to ensure that same duly served in accordance with mode prescribed in Section 42 - Competent Authority required to call upon transferee to pay amount due along with interest and penalty, if any, and at the same..........
Punjab Tenancy Act, Section 77(3)(d), 8 -- Suit in Civil Court for declaration that plaintiffs by virtue of perpetual lease on nominal rent are occupancy tenants and have become owners under Section 3 of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act and for injunction restraining Union of India and others from cancelling lease and dispossessing plaintiffs..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier two suits for joint possession dismissed as withdrawn with permission to file fresh on the same cause - Third suit on same cause for recovery of amount (land in the meantime having been acquired under Land Acquisition Act) based on title - Not barred by any principle of law..........
Sikh Gurdwaras Act, 1925, Section 42, 64, 69, 132, 142, Constitution of India, 1950, Article 226, 227 -- Dismissal of SGPC employee - Any violation of provisions of Act and Rules certainly makes SGPC amenable to writ jurisdiction of High Court - Section 142 does not provide any alternative remedy - Order of SGPC dismissing appellants set aside - Appellants stand reinstated..........
Constitution of India, 1950, Article 226 -- Bar of res judicata - Resumption order under Section 8 - A Capital of Punjab (Development and Regulation) Act on ground of mis-use of residential building for running a School upheld in appeal and in revision - Division Bench of High Court dismissed writ petition challenging these orders - Thereafter review filed before..........
Land Acquisition Act, 1894, Section 17(4), 5A -- Challenge to urgency invoked for construction of Market Yard for Fruits and Vegetables - Enough precedents in connection with acquisition of land for Markets where Section 5 - A dispensed with and such action upheld - Subjective satisfaction for dispensing with enquiry under Section 5 - A based on sufficient material -..........
