Civil Procedure Code, 1908, Order 26, Rule 1, Land Acquisition Act, 1894, Section 23 -- Market Value - Comparable sale instances - Determination - Appointment of commissioner - Held, it was necessary for the claimant to establish that the lands involved in earlier reference cases are comparable with the land involved in the present case - Without the relevant materials..........
Punjab Chowkidar Rules, 1876 -- Chowkidar - Appointment - Petitioner was graduate with B.Ed. qualification appointed as Chowkidar by Collector - In appeal, Deputy Commissioner appointed respondent who was 7th pass because petitioner was too much qualified to be chowkidar - Held, approach adopted by Deputy Commissioner cannot be said to be wrong - However, a higher..........
Civil Procedure Code, 1908, Order 26, Rule 14, Constitution of India, 1950, Article 227 -- Suit for partition - Final decree proceedings in suit - Objections raised by petitioner against report of advocate Commissioner turned down - Petition u/Art. 227 filed challenging order - Held, once a final decree is passed, any party aggrieved can challenge that decree by way of an..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Permissible area - Retaining of by fraudulent means - Power of State - Whether exceptional remedy provided u/s 18(6) of the Act can be availed by State without first exhausting the remedy of appeal u/s 18(1) and of revision provided u/s 18(4) of the Act - Held, there may be a case where landowners may have..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(3), 44 -- Consolidation proceedings - Order passed therein - Declaratory suit thereagainst - Maintainability - Suit for declaration with consequential relief of permanent injunction challenging order passed by competent authority in consolidation proceedings u/s 21(3) of the Act on..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 23 -- Appeal - Condonation of delay - S.23 of the Act itself provides for extension of limitation - Provision must be given a full application to allow Chief Settlement Commissioner to entertain appeal if sufficient cause is shown - In the instant case appeal filed beyond period of 30 days and no..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Interference with concurrent findings of fact - Both courts below have categorically held that there were deviations and the said deviations are not minor but they are major deviations which affect the ownership and enjoyment rights - Findings being arrived at basing on evidence let in by both parties and on..........
Punjab Land Reforms Act, 1972, Section 9(1) -- Surplus land - Taking of possession - Issuance of notice - Notice issued u/s.9(1) returned by Tehsildar on account of stay in favour of petitioner - Held, no requirement of serving of fresh notice for taking possession once stay was vacated upon dismissal of appeal by Commissioner...........
Civil Procedure Code, 1908, Section 54 -- Partition - Equal distribution - One of the stipulations of proposed partition was maintaining possession of the shareholders - Appeal thereagainst dismissed by Collector - Revision against order of Collector allowed by Commissioner by holding that changes can be made in the mode of partition and the possession of the parties can..........
Haryana Municipal Act, 1973, Section 205,240,253 -- Petitioner purchased plot and submitted proposed building site plan with MC for approval and sanction - Plan rejected by MC on ground that property in dispute is public street - Appeal filed by petitioner, accepted by appellate authority - Revision petition filed by MC, accepted by Commissioner and Secretary to..........
