Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- - New building - Previous construction (hall) - In dilapidated condition and not used for any purpose - New construction raised after getting the site plan sanctioned - Two walls kept intact and rest of the construction raised was new - Floor level was raised - Chajja on the first floor demolished -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Section 3(1) - Insurance claim - Repudiation - Driving licence not valid - Vehicle in question continued to be registered as a transport vehicle i.e., a Taxi for which a specific authorized license was statutory necessity - Occasionally using it for personal purpose cannot change these..........
Criminal Procedure Code, 1973, Section 209 -- Commitment of case - Magistrate enquiring into a case under Section 209 of the Code is not to act as a mere Post Office - Court has to see whether there is sufficient evidence for commitment - If there is no prima facie evidence or the evidence is totally unworthy of credit, it is the duty of the Magistrate to discharge the..........
Right to Information Act, 2005, Section 7, 9 -- Time limit for information - Petitioner sought information from Haryana Education Department in connection with certain matter u/s 7 of the Act - Information sought not provided by State Public Information Officer - Appellate Authority also failed to provide any such information in appeal under Section 19 of the Act - No time..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Contract Act, 1872, Section 65 - Housing - Damages - Refund of amount - Interest - Non development and non construction of plot - Parties were aware of the fact that plot in question cannot be developed in view of the reservation - In spite of that, parties entered into an agreement - Both the parties were aware of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Trial court acquitted accused on the ground that there was non compliance of Section 55 of the Act - Held, Trial Court's view that seizing officer testified only when tested on the anvil of cross examination that the property..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 17 -- Maharashtra Ownership Flat Act, 1963, Section 4 - Housing - Sale of flat - Withholding of possession - Non execution of agreement - Allotment letter, a binding contract - Allotment letter coupled with receipts themselves establish contractual relationship between the complainant and OPs - Allotment letter..........
Land Acquisition Act, 1894, Section 23(1A), Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - On reference, award enhanced - State challenged the award of Reference Court - The landowner, instead of filing appeal or cross-objection, filed application under Order 41 Rule 33 of Code claiming additional compensation - Held, landowners who..........
Land Acquisition Act, 1894, Section 23(1A), 30(1) -- Section 23(1A) and Section 30 are interconnected...........
Indian Penal Code, 1860, Section 34, 149 -- Accused can be convicted with the aid of Section 34 IPC in place of Section 149 IPC if there is evidence on record to show that such accused shared a common intention to commit the crime and no apparent injustice or prejudice is shown to have been caused by application of Section 34 IPC in place of Section 149 IPC...........
