Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 3 -- Applicability of Act - Construction of suit property less than 10 years old as such it is exempted from provision of Act - Moreover, once remedy of general law is resorted to, protection to tenant in terms of Rent Act is not applicable...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant made unauthorized construction which is liable to be demolished - Accused allegedly demanded illegal gratification for not reporting said matter to encroachment department - Not reporting of matter would be an act performed by accused in his private capacity and not in his..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for possession - Plaintiff/appellant seeking permanent injunction restraining defendants not to put illegal construction - Upon consideration of oral and documentary evidence, plaintiff has neither identified suit property nor proved his ownership to it - Therefore, he is not entitled to relief sought...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in accordance with law...........
Constitution of India, 1950, Article 32, Citizenship Act, 1955, Section 5(1)(a) -- Grant of citizenship - To migrants from East Pakistan, displaced upon construction of dam - Chakmas and Hajongs were allowed to rehabilitate in India after conscious decision of Government of India and so does not require to obtain Inner Line permit - Their status also stands duly..........
Civil Procedure Code, 1908, Section 47 -- Execution - Tenancy of defendant lawfully terminated - Defendant having failed to vacate within statutory period, is liable to be evicted - Rent Act not applicable as 10 years have not passed since the date of its construction - Plaintiff, held, entitled to decree of possession...........
Plot -- Allotment - Deficiencies in the development work - Allottees given possession but without providing basic amenities with the result that allottees could not start construction - This is deficiency of service - Consumer Forum held that PUDA was not entitled to charge any interest prior to providing basic amenities and amount of interest which might have been..........
Succession Act, 1925, Section 276, 278 -- Probate - Letter of administration - Grant of probate or letter of administration does not confer title to property - It merely enables administration of estate of deceased - Jurisdiction of Probate Court is limited being confined only to consider genuineness of Will - Construction of Will relating to right, title and interest of..........
Hindu Law -- Joint family property - Where a person used to get income from ancestral property and same was utilized by him for the construction of building i.e the suit property, it amounts to putting the said property in hotchpot of joint family property...........
Insurance Policy -- Terms and conditions - Terms of policy are to be strictly construed - There can be no cavil about proposition of law that in case of ambiguity, construction has to be made in favour of insured...........
