Constitution of India, 1950, Article 226 -- Allotment of Lower Income Group Flat - For allotment of LIG Flat maximum income of individual and of his spouse and dependant relatives not to exceed Rs.5, 500/- monthly - As per salary certificate submitted by the petitioner, he had gross salary of Rs.7, 002/- per month - Show cause notice issued for cancellation - Held,..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Education - School fee - Refund of fee - Unfair trade practice - Admission of daughter of respondent in nursery - The classes to start w.e.f. 3.4.2008 - Request for cancellation of admission on 14.2.2008 - Only caution money of Rs. 10,000/ - refunded out of Rs 28,100/ - Student did not attend class for a single day - Not..........
Punjab Co-operative Societies Act, 1961, Section 82(3) -- Recovery of loan - Sale of mortgage property - Sale cancelled by Recovery Officer - Civil Suit against cancellation of sale - Held, jurisdiction of civil court is barred to entertain such suit - Once Recovery Officer has jurisdiction to cancel the sale, bar of jurisdiction of civil court as laid u/s 82(3) of the Act..........
Plot -- Allotment - Plot resumed by the authorities on account of default of payment - Held, power of resumption/cancellation should be exercised as a last resort - If allottee out rightly comes with a willingness to clear all the payments due and default is only qua a very small portion of the price of the plot, then to exercise power of resumption not justified -..........
Constitution of India, 1950, Article 226 -- Education - Admission to LL.B. Course - Challenging cancellation of admission - Plea of petitioner that he had M.A. Degree equivalent to that of University's M.A. Degree and so he is eligible for admission - MA degree was found to be irregular - It will be unjust on part of appellant University to deny admission which was..........
Criminal Procedure Code, 1973, Section 438, 439(2) -- Anticipatory bail - Cancellation - It is only Public Prosecutor and not complainant who has locus standi to move for cancellation of bail...........
Constitution of India, 1950, Article 226, Specific Relief Act, 1963, Section 14 -- LPG retail outlet - Cancellation - Allegation of malpractice - Sale of petroleum products is a commercial transaction and it does not involve public law function which may entitle petitioner to invoke writ jurisdiction - Dealers of petroleum products are bound to comply with conditions..........
Criminal Procedure Code, 1973, Section 182, 468, 482 -- Prosecution u/s 182 Cr.P.C. for lodging false FIR - Limitation is one year when police after enquiry filed cancellation report - Prosecution after one year of filing of cancellation report - Barred by limitation - Proceedings quashed...........
Stamp Act, 1899, Section 12(2), 35 -- Stamp - Cancellation - Signature on stamp not commencing from or extending to paper - Signatures exclusively on stamp do not constitute proper cancellation - Document to be treated not stamped at all - Such document is inadmissible in evidence...........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Cancellation - Plaint drafted to look as if relief of declaration is claimed whereas in fact relief claimed for cancellation of decree and sale deed - In the absence of cancellation of decree and sale deed the relief claimed for possession by way of partition cannot be granted - Plaintiff liable to pay ad valorem court..........
