Indian Penal Code, 1860, Section 420 -- Allotment of plot - False affidavit by accused that he or his family members did not have any plot in India - Accused is guilty of offence of cheating - This is an inducement to Authority - Conviction u/s 420 IPC upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 61 Kgs. of poppy husk from the plot - No person arrested at the spot - The plot from where the alleged recovery was effected, not abutting the house of the petitioner - Bail allowed...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Prosecution need not necessarily prove that the perpetrators expressly agree to do or cause to be done illegal act; the agreement may be proved by necessary implication - Offence of criminal conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act..........
Plot allotment -- Refund of deposit claimed by respondent/complainant paid with interest - Respondent can now have no right to possession - The possession obtained under the orders of the court without disclosing proper fact - Respondent cannot be allowed to retain possession and directed to forthwith return the possession to the appellants...........
Interest -- Plot allotment - Payment of instalment - Delay in delivery of possession - Claim by appellant of interest on delayed payment of instalments - Held that appellants were to deliver possession within a reasonable time -As they were not in a position to deliver possession they cannot expect allottees to keep paying instalments to them - Where appellants are not in..........
Plot allotment -- Interest - Delayed payment - Set off - Sub-judice matter - Appellant unilaterally seeking set off amounts directed to be paid by them against amounts claimed to be due to them - Held that when a matter is sub-judice, then the appellants have to place before the Court, all their defences/claims for getting the veracity of their claim tested - If before..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Plot allotment - The appellant a potential allottee of the plot though not actual user of service but is capable of using it - Plot could have been allotted to her but for change in policy - The appellant would be a `Consumer' under the definition...........
Plot allotment -- Oustees - Appellant-complainant did not fulfill the income criteria as given in the scheme read with instructions - The amount deposited had already been returned through cheque, which remained undelivered - No deficiency in service - Application filed beyond much beyond time of three years of the acquisition of the land - The appellant held not entitled..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - - Status of the right of the highest bidder - Principles culled out from judicial pronouncements are: (a) the Government/public authority is under an obligation to hold public auction for allotment of land etc. strictly in accordance with the statutory provisions, if any, and or the conditions of auction -..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Forma pauperis - Mere possession of ornaments or a plot is not sufficient - If property in possession of appellant is not sufficient enough to raise money to pay the requisite court fee, he or she should not be deemed to be possessing sufficient means to pay court fee - Appellant allowed to file appeal as forma pauperis...........
