Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Direction to submit report as regards possession and user of land - Held, this amounts to collection of evidence which is not the object of the provision regarding appointment of Court Commissioner, as contained in O.26.R.9 CPC...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Provisional rate of rent - Determination - Appellate Authority directed inquiry by appointing local commissioner to look into the same and opened a fresh round of controversy - Order passed by appellate Authority not justified and is set aside...........
Constitution of India, 1950, Article 243Q, Uttar Pradesh Industrial Area Development Act, 1976, Section 12A -- Taxation by local authority - Exemption - Treating industrial area as industrial township - Any such notification under proviso to Art.243-Q of Constitution is also a statutory scheme under 1976 Act - In absence of issuance of such notification, exemption u/s 12-A..........
Constitution of India, 1950, Article 243Q, Uttar Pradesh Industrial Area Development Act, 1976, Section 12A -- Taxation by local authority - Exemption - Treating industrial area as industrial township - There is nothing on record that area in question is specified as industrial township - No notification as stated by Chief Standing Counsel has been issued under proviso to..........
Civil Procedure Code, 1908, Order 26, Rule 9, East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Local Commissioner - Revision as such against declining of application of Local Commissioner is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9, East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Local Commissioner - Cause of action as such is to landlord at time of filing of ejectment petitioner at that point of time and an application which was filed after 6 years would not help Rent Controller in deciding issue in any manner - Petition dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Notice to all the parties - Impleadment of a party subsequent to appointment of local commissioner - In the interest of justice prayer of re-issuance of warrant to Advocate Commissioner granted so as to submit a proper report after due consideration of all relevant documents and noting down the physical..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Failure to serve notice to either of the parties - Report should not be considered and cannot be accepted as evidence...........
Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........
Gujarat Provincial Municipal Corporations Act, 1949, Section 127 - - Constitution of India, 1950, Entry 49 List II, Art.265, Bombay Provincial Municipal Corporations Act, 1949, Gujarat Local Authorities Laws (Amendment) Act, 2011 - Levy of property tax on mobile towers - Constitutionality of Ss.127(1)(c), 145A of Gujarat Provincial Municipal Corporations Act under scope of..........
