Mines and Minerals (Regulation and Development) Act, 1957, Section 4A -- Illegal mining - Termination of mining lease - Demarcation report and report of Mining Officer concludes that appellant not indulged in any illegal mining operations - There is no other material against appellant that he was engaged in illegal mining in the area adjacent to leased site - Relevant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Case of grant of interim injunction in favour of petitioner is made out as all ingredients of first principles thereof are satisfied i.e. a) prima facie case of triable issues is made out b) balance of convenience is in favour of petitioner c) demolition of house in..........
Haryana Panchayati Raj Act, 1994, Section 7(4), Haryana Municipalities Act, 1973, Section 2A -- Demarcation of Sabha area - Transfer of land to municipal bodies - Effect of - Act of 1994 contemplates vesting of property of Gram Panchayat with Municipality - Whereas Municipal Act takes into its ambit properties vesting with Panchayat - Therefore, if whole or part of..........
Employee's Compensation Act, 1923, Section 3 -- Compensation - Death of employee - Deceased was engaged as a helper - In absence of any clear demarcation of duties of a helper or a cleaner and in view of fact that helper and cleaner are interchangeably used, therefore, declining claim for the reason that deceased was engaged as a helper and not cleaner is wholly..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Demarcation report - Objections raised by plaintiff - Opportunity to lead evidence in support of objections not granted - Plaintiff's prayer to summon Local Commissioner for cross examination with respect to his demarcation report not acceded - Order confirming demarcation report without summoning Local Commissioner to face..........
Auction -- Private sale of mortgaged property by Bank - Appellants were duly informed by Bank and were given opportunity to deposit outstanding dues before initiating sale process - They did not avail that opportunity and bank finally sold land in question by adopting private sale method, as earlier public auction process does not fructify - It cannot be said that sale..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Disputed property whether falls within Khasra as claimed by petitioner or Khasra as claimed by respondent - One of the proper method for ensuring a complete and just adjudication of said dispute will be by way of demarcation of property - Impugned order, dismissing application, set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction over common land - Till date no demarcation whatsoever has taken place in the property in question - Ad interim injunction rightly granted and appeal thereagainst was rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Demarcation - An order of demarcation is passed only after framing of relevant issues...........
