Constitution of India, 1950, Article 226, 227 -- HUDA - Withdrawal of provisional allotment letter - Validity - Building branch was not releasing sanctioned building plan for want of regular letter of allotment and allotment branch was not issuing regular letter of allotment for want of proof of sanction of building plan - Petitioner had already paid entire price of plot..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Exercise of inherent powers - Held, High Court should not ordinarily embark upon an inquiry whether evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained, are functions of trial Judge to do so - High Court must be careful to see that its..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of law - The construction of a document of title or of a document which is the foundation of the rights of parties, necessarily raises a question of law - Whether a particular question is a substantial question of law or not, depends on the facts and circumstances of each case - More so, there is no..........
Criminal Procedure Code, 1973, Section 357 -- Compensation to victim of offence - Duty of Court - Held, S.357 Cr.P.C. confers a duty on Court to apply its mind to question of compensation in every criminal case - It necessarily follows that Court must disclose that it has applied its mind to this question in every criminal case - Application of mind to question is best..........
Easements Act, 1882, Section 60(b) -- Licence - Irrevocable licence - A question of fact - It is required to be pleaded and proved - Three things are to be established to claim the benefit of S.60(b) of the Act, (i) that he has executed the work of a permanent character, (ii) that he did so acting upon the licence, and (iii) that he has incurred the expenses in doing so...........
Provincial Small Causes Courts Act, 1887, Section 25 -- Eviction - Revisional jurisdiction - Held, revisional jurisdiction of Court u/s.25 of Provincial Small Cause Court Act, 1887 is quite limited - Court cannot re-appraise evidence and substitute its own finding on question of fact...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court should allow all amendments that would be necessary for determining real question in controversy between parties - When party fails to include certain facts in original pleadings and subsequently files application for including those facts, application cannot be rejected solely on ground that..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Vesting of land in Gram Panchayat - Jurisdiction of Collector - Held, only authority empowered to determine whether land vests or does not vest in a Gram Panchayat is a Collector exercising power u/s.11 of the 1961..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Triable issues involved in the suit - Held, it would be in the interest of justice if defendants are restrained from transferring or selling the property in question pending the suit...........
Rent and Eviction -- Question of title - Held, in an eviction petition Court is to decide only relationship of landlord and tenant - As far as question of title is concerned, that can only be incidentally gone into but cannot be decided finally - A tenant cannot deny title of landlord, however, defective it may be until and unless he claims ownership- Second question to..........
