Civil Procedure Code, 1908, Order 39, Rule 2-A -- Suit disposed of in view of statement of Corporation that building will not be demolished except by due process of law by issuance of necessary notice - Building demolished in violation of undertaking given - Held, appropriate remedy available is under Contempt of Courts Act and not U.O.39.R.2-A - Punishment U.O.39.R.2-A..........
Civil Procedure Code, 1908, Order 39, Rule 2 -- Restoration of water course - Application filed before Sub-Divisional Canal Officer (SDCO) for restoration of water course - Rejected, holding that there was no water course and land of applicants properly irrigated by water course running at site - Appeal before Divisional Canal Officer (DCO) allowed - Demolished water..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Death by burning - Prosecution version that unwanted persons visited mother in law for sexual activities and deceased stopped accused from such activities and that accused poured kerosene oil and set her on fire - Accused 82 years of age and walked with stick - Motive for crime demolished - Infact it was a case of..........
Punjab Municipal Act, 1911, Section 195A(2), 189(1)&(2), 234, Criminal Procedure Code, 1973, Section 468 -- Continuing offence - Notices issued by Nagar Council stating therein that the respondents had started construction without obtaining requisite sanction from the Nagar Council - They were asked to stop the construction and demolish the construction which they have so..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banglore Water Supply Regulations,1965, Regulation 5.1,5.2 - Deficiency in service - Compensation - City corporation - Non issue of `No Objection Certificate' even after 11 years - Some portion of construction demolished though could be regularised as a matter of right - Complainants-respondent harassed by..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - City corporation - Non issue of `No Objection Certificate' even after 11 years - Some portion of construction demolished though could be regularised as a matter of right - Plea of appellant that complaint not maintainable as there is no relationship between the complainants and the City Corporation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 6 -- Temporary injunction in a suit u/s 6 of Specific Relief Act can be granted to ensure that property in dispute is not alienated, altered, demolished, removed or destroyed during the pendency of the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for permanent injunction against demolition of the compound wall - Wall constructed immediately before filing of the suit - Wall constructed between defendants shops and road - Wall ordered to be demolished on an undertaking being given by the defendants that they will reconstruct the wall at..........
Contempt of Courts Act, 1971, Section 11, 12 -- Interim order staying demolition of construction - Construction demolished on same day - No evidence that order was communicated to contemner before the demolition - Contempt petition dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - To restrain defendant from interfering with possession of premises on fourth floor of suit property - Defendant was owner of third floor of property - Plaintiff said to have acquired construction on fourth floor including right to terrace - Plaintiff claimed ownership through General power of Attorney and..........
