Prevention of Corruption Act, 1947, Section 5(1)(d)(2) -- Two accused - One accused LDC and another draftsman - Money allegedly given for obtaining a map - Accused who was LDC had nothing to do with preparation of map - Demand of bribe was raised by accused who was a draftsman but money was recovered from accused who was LDC - Major contradictions in statement of..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit land - Certified copy of map drawn by District Inspector of Land Records - Measurement map prepared by Public Officer in due course of official business - Held, description of suit land is adequate and proper in view of demarcation shown in the map...........
Investigation -- Sketch map not drawn - Investigating Officer did not make any investigation from the point of view of the defence - Investigation is thus not fair...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Immovable property - Description - Suit for declaration of title - Absence of proper description of suit land - Neither measurement in relation to settlement map given nor sketch map drawn to scale - Boundaries or extent of suit land also not mentioned - Plot number and boundaries also not disclosed when asked in cross..........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14 -- Subsequent pleading - Admissibility of - Eviction petition on the ground of arrears of rent - Map and certain documents attached along with replication - No permission of court applied for - Order accepting replication along with documents - Not proper - Ordered to be set aside...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Market value - Land acquired in five villages - Area map showing that lands in five villages could be consolidated into one single unit - Entire area was in a stage of development and different villages were capable of being developed in same manner - High Court discarded the belting method and fixed market value..........
Constitution of India, 1950, Article 226 -- Public Premises (Eviction of Unauthorised Occupants) Act, 1972, Section 22(e)(ii) - U.P. Planning and Development Act, 1973, Section 27 - Writ jurisdiction - Equitable relief - Encroachment on public land - Admission in writ petition that petitioners have raised construction on public land - Plea that only after initiating..........
Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 26, Rule 8, Evidence Act, 1872, Section 83 -- Suit for possession on the basis of title under encroachment by defendant - Encroachment proved by evidence of Cadestal Surveyor - No actual measurement noted down in map prepared by Cadestal Surveyor - It is therefore not admissible - Matter..........
Civil Procedure Code, 1908, Order 20, Rule 6, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of decree consequential to the amendment of plaint - Disputed property described in plaint as well as map annexed to it by letters in Deonagri Script - Amendment of plaint and map on scale submitted describing property by letters of English alphabet - Operative portion..........
Housing construction -- Defective construction - Contention of the contractor that map was not sanctioned hence construction was illegal - Held that plea not acceptable - Map was sanctioned afterwards which makes the construction regularised - Expert evidence showing roof, floor and plaster was not proper - Deficiency in service on the part of contractor...........
