Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g)(xii) -- Haryana Amendment Act No. 6 of 1992 - Debt due to `Scheduled Bank' excluded from the provision of Act - Procedural Law - Exclusion of `Scheduled Bank' from the operation of Act would have retrospective effect...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4(2)(b) -- Determination of fair basic rent - Agreed rate of rent if still in vogue at time of application, has to be regarded as basic rent within the meaning of S.4(2)(b) of the Act in the process of fixing fair rent irrespective of the fact whether the lease period stipulated in a lease deed has expired...........
Haryana Municipal Act, 1973, Section 81A -- Payment of House Tax - Effect of - Construction raised over public street - House Tax paid in respect of construction raised - Payment of House Tax not to confer title - Only evidence of possession...........
Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Public street - Encroachment - Suit for mandatory injunction for removal of obstructions/encroachment - Municipal Council has statutory right to remove unauthorized encroachment - Right exercised by Municipal Corporation not for the benefit of itself but for the benefit of inhabitants of urban area - Civil..........
Civil Procedure Code, 1908, Section 9, Punjab Public Money(Recovery of Dues) Act, 1983, Section 4, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3(4) -- Maintainability of Suit in the Civil Court - Issue framed regarding the non maintainability of the suit - Lack of jurisdiction of the Civil Courts forms part of the issue regarding maintainability of the..........
Civil Procedure Code, 1908, Order 14, Rule 1, Punjab Public Money(Recovery of Dues) Act, 1983, Section 4, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3(4) -- Question of jurisdiction - Non framing of Specific issue - Court examined the question of jurisdiction interms of the provisions of the Act of 1983 - Plaintiff aware of issue involved in the suit -..........
Punjab Public Money(Recovery of Dues) Act, 1983, Section 2(c), 3, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 2(b), 3 -- Recovery of certain dues as arrears of land revenue - 157.99 acre land aquired by Govt. - 80 acres transfered to PSIDC - 12.8 acres allotted by PSIDC to Swaraj Engg. - Show cause notice by PSIDC to Swaraj Engg. to deposit enhancement in..........
Punjab Public Money(Recovery of Dues) Act, 1983, Section 2(c), 3, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 2(b), 3(2) -- Managing Director of Corporation can sent certificate to the Collector to recover it as land revenue mentioning the sum due arrived at after notice to the defaulter so as to comply with principles of natural justice...........
Punjab Public Money(Recovery of Dues) Act, 1983, Section 3, 4, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3 -- No suit for recovery of any sum recoverable u/s. 3 of Act would lie in Civil Court against any person referred to in sub-Sec. (1) - 'The Person' will include Corporation...........
Punjab Public Money(Recovery of Dues) Act, 1983, Section 3, 4, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3 -- Suit for Injunction - A suit for injunction can not be said to be a suit for recovery - By virtue of injunction the relief of non-recovery of the amount is sought by plaintiff - The recovery of the sum recoverable remains an issue, affecting the..........
