Land Acquisition Act, 1894, Section 17(1), 17(4), 5A, 4, 6, Metro Railways (Construction of Works) Act, 1978, Section 54 -- Land acquired under Metro Railways Act by invoking urgency clause of Land Acquisition Act - No prejudice suffered by claimants and entire project stood completed - Held, there is no bar to have recourse to provisions of Land Acquisition Act for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction - In a suit filed by appellants themselves they are admitting the fact that open land was given on rent and they have raised certain constructions and failed to prove permission by landlord regarding raising construction - Further, in earlier suit they themselves have admitted title of plaintiff/respondent..........
Will -- Construction - Will must be read and construed as a whole to gather the intention of the testator and endeavor of Court must be to give effect to each and every disposition - In ordinary circumstances, ordinary words must bear their ordinary construction and every disposition of the testator contained in Will should be given effect to as far as possible consistent..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Housing - Flat - Non delivery of possession - Compensation - In Clause 8.1 of the agreement it was mentioned that the OP would offer possession on or before 30 months from the date of start of construction - OP sent an e - mail to the complainant in which again it was mentioned that the possession would..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Construction raised despite order of status quo - Ordered to be demolished - Third party claiming it to be his construction and raising plea that order of demolition is passed without hearing him - In the mean time petitioner filed application for impleadment as a party - Held, in case petitioner is allowed to be impleaded..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of Arbitrator - Tripartite construction agreement entered into between developer, owner of land and purchaser - Appellant bank not privy to such agreement - Separate agreement between bank and purchaser - Arbitration clause of construction agreement invoked by purchaser - Bank sought its impleadment but..........
Punjab Municipal Corporation Act, 1976, Section 258, 269, 270 -- Plan sanctioned for residential house - Petitioner raised illegal construction on first and second floor and converted it into marriage palace - Held, offence cannot be compounded - Demolition order passed for removal of unauthorized construction after issuing show cause notice u/ss 269 and 270 of the Act..........
Maharashtra Regional and Town Planning Act, 1966, Section 158 -- Appendix 7, Cl.6 - Claim for additional transferable development rights (TDR) - Land acquired and used for construction by asphalting it, thus providing for parking lot - It being amenity landowner is entitled to grant of 100% TDR as against development of courtyard...........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Construction of Harijan Chaupal - Panchayat passed resolution permitting construction of Harijan Chaupal in village - Challenge against resolution by way of writ petition on twin grounds that there is other Chaupal already existing in village and pond is existing on disputed site - Allegation of existence..........
