Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of forest land - Setting of educational complex for poor and under privileged children - Allocation of public land to a private entity - As per agreement petitioner will bear the education cost, fees etc. of such poor children - Petitioner failed to carry out the terms and conditions of allotment and utilizing such..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of forest land - Setting of educational complex - Allocation of public land to a private entity - Once it is found that beneficiary of such allotment has abused its position to its advantage and to the disadvantage of public, Court cannot interfere with the fair order passed by competent authority resuming land...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227 -- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Includes the existence of a legally enforceable debt or liability - Presumption is a rebuttable presumption - It is open to accused to raise a defence wherein the existence of a legally enforceable debt or liability can be contested - If accused is able to raise a probable defence,..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had..........
Civil Procedure Code, 1908, Section 115 -- Revision - If a Subordinate Court exercises jurisdiction not vested in it by law or fails to exercise jurisdiction so vested, said order u/s 115 CPC is revisable - After amendment of CPC in 2002 w.e.f. 1.7.2002, said power is exercised u/art 227 of Constitution of India...........
Indian Penal Code, 1860, Section 420, 467 -- Cheating - Fabricating false record - Complainant filed civil suit challenging decision of Electricity Board in returning his tender documents on the ground that the same were not as per pre-qualifying conditions of the tender and was dismissed as withdrawn and order of civil court was challenged by filing writ petition which..........
Delhi Rent Control Act, 1958, Section 25, 38, Limitation Act, 1963, Section 5 -- First appeal - Delay of 13 days - Application for condonation of delay - Refusal to condone delay by Appellate Court/Rent Controller Tribunal - No reason for minor delay of just 13 days ought not to have been condoned and first appeal be not heard on merits - Order of refusal set aside - Delay..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction - Setting aside - J.D never shown his fairness in entire proceedings - Objection that even by sale of lesser area of his land, Decree Holder will get his dues, not raised at the time of issuance of sale proclamation - Objection ought to have been raised at the stage when property in question was to be sold by auction..........
