Punjab Panchayati Raj Act, 1994, Section 216, Haryana Panchayati Raj Act, 1994, Section 53 -- Liability of Memebrs of Panchayat - BDPO ordered recovery u/s 216 of the Act - No notice issued before assessment of recovery - Order of BDPO violative of Sec. 216 and principles of Natural Justice - Writ allowed - Order of BDPO set aside...........
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5 -- Applicability of Sec. 5 of Limitation Act to execution proceedings - Suit for recovery decreed - Execution - Property of judgment debtor attached and auctioned - No objections filed by judgment debtor - Sale confirmed and sale certificate issued - Application for delivery of possession - Objection by..........
Registration Act, 1908, Section 2(6), Stamp Act, 1889, Section 47A -- Stamp duty on machinery - HFC invited tender for sale of land, building and machinery - Sold land along with building for an amount of Rs.8, 10, 000/- and machinery for Rs. 6, 10, 000/- - Vendee applied for registration of sale deed for an amount of Rs.8, 10, 000/- - Sub Registrar after registration of..........
Limitation Act, 1963, Section 22, Article 91 -- Damages on account of wrongfull detention of moveable properties - Limitation - Damages claimed five years after the detention of moveable properties - Had the knowledge of wrongful act - Limitation to file suit is 3 years from the date of wrongful detention - Sec. 22 not applicable - Claim rejected...........
Evidence Act, 1872, Section 65, Registration Act, 1908, Section 49 -- Secondary evidence - Unregistered rent agreement - Application by defendant for permission to lead secondary evidence to prove rent agreement - Declined on the ground of being inadmissible in evidence on account of non registration - Evidentiary value of rent agreement to be seen at time of considering..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(3)(ii), 11 -- Petition u/s 11 of the Act claiming right, title and interest in the land on the basis of possession prior to 1950 - Land exempted from definition of 'shamlat deh' and not vested in panchayat in view of sec. 4(3)(ii) - Land never reserved for common purpose during consolidation - Respondent no. 3..........
Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3 -- Default in payment of installments of loan taken from H.F.C. - Recovery certificate issued by invoking provisions of Sec 3 of the Act - Financial Corporations cannot invoke provisions of Act for recovery of amount due - Relying on Unique Butyle Industries Case (2003)2 SCC 455 recovery proceedings quashed -..........
Haryana Agricultural Credit Operations and Misc Provisions (Banks) Act, 1973, Section 8 -- Recovery of loan amount - Interest on outstanding amount - Loan advanced for purchase of tractor - Default in repayment - Application for recovery of loan amount - Exparte order for payment of money due - Order challenged on following grounds - (i) counsel failed to appear on..........
WILL -- Proof of Will - Suspicious circumstances - Trial Court after pointing out nine suspicious circumstances surrounding execution of Will held the same could not have been executed by testator - High Court in appeal highlighted three more suspicious circumstances & upheld the judgment of trial Court - Division Bench (DB) in LPA reversed the said judgments holding that..........
Land Acquisition Act, 1894, Section 11, 27, 28, 31, 34 -- Execution of compensation - Rule of appropriation of compensation - 'Stagewise appropriation' rule laid down in Prem Nath Kapoor's Case approved - First stage - Award by collector - Deposit/payment of whole amount awarded u/s 31 - Notice to claimant - Withdrawal of amount with/without protest - After notice claimant..........
