Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(f) -- Eviction petition - Maintainability - Land let out to a club for the purpose of construction and use of pavilion - Falls within scope of S.2(f) of the Act - Eviction petition is maintainable under the Act...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Wilful disobedience of order of Supreme Court - Supreme Court vide its order passed interim order directing State of Haryana to release sufficient water to keep Wazirabad reservoir full - However, there was no failure on part of State of Haryana in releasing water in accordance with MOU - Petitioner has failed..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), 101A -- (as applicable to State of Haryana) - Lapse of acquisition proceedings - Denotification of acquired land - State Government denotify acquired land if land becomes unviable or non-essential for purpose of development and in particular for reason..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 7, Rule 11 -- Eviction petition - Rejection of eviction petition - Admittedly, present eviction petition was filed in the year 2014 and property was brought within limits of Municipal Corporation, vide notification 2010 which was prior to filing of present eviction..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Mere mentioning by any of parties in sale deed or in rent deed that property is situated outside municipal limits would not change effect of legal provisions applicable upon parties and that there should be no estoppel against the law...........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Directions issued : (a) In every case, where FIR has been registered regarding commission of a cognizable offence, investigation shall be conducted by Investigating Officer, strictly in accordance with provisions of Code of Criminal Procedure, 1973; (b) In every case, where after registration of FIR,..........
Haryana Panchayati Raj Act, 1994, Section 51 -- Gram Panchayat Funds - Freezing accounts - Order imposing complete ban on development fund by spending the amount, lying in fixed deposit of Gram Panchayat - Issuance of order imposing complete ban on use of amount lying in fixed deposit irrespective of urgency and requirement of a particular gram panchayat, especially, when..........
Haryana Panchayati Raj Act, 1994, Section 47, 51 -- Gram panchayat funds - Freezing of accounts - Admittedly, neither show cause notice was issued nor any opportunity of hearing was afforded to Gram Panchayat in terms of S.47 of the Act - Order passed cannot be sustained and is hereby set aside - Directions issued...........
Evidence Act, 1872, Section 65B -- Electronic evidence - CCTV footage - Copy of CCTV coverage of occurrence with requisite certificate u/s 65-B of the Act - Directions Issued : Director General of police is directed to issue appropriate instructions to Commissioners/Senior Superintendents/Superintendents of police in State of Haryana to exercise effective supervision on..........
Civil Procedure Code, 1908, Order 9, Rule 13, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Exparte decree - Setting aside - Eviction petition - In proceedings U.O.9.R.13 CPC, Court is required to examine as to whether petitioner has fulfilled requirements of O.9.R.13 CPC which require party to satisfy Court that either summons were not duly served..........
