Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 17(10) - - Immovable property - Sale by way of SA/GPA/WILL - Held, Chandigarh Administration may re-examine R.17 (10) of 1973 Rules contemplating unearned increase, as well restriction to sell properties before expiry of specific years, as root-cause of malice of Power of Attorneys sales - Further, Chandigarh..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Unfit & unsafe for human habitation - Disputed shop has dampness in walls from ceiling to floor and cracks in roof - Besides demised shop there is Deori and another shop in same building and common roof slab of both shops and Deori - Held, once RBRC Slab is cracked, it cannot be repaired and has to be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, 13B, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 - - Additional Director - Jurisdiction - Additional Director Consolidation of Holdings while considering an application filed by respondent No.3 held that land allotted to Panchayat during consolidation was not so..........
East Punjab Urban Rent Restriction Act, 1949, Section 15, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - High Court in earlier revision petitions of tenant remanded matter to appellate authority by open ended remand orders and not by limited or restricted direction - Appeal was restored to files of appellate authority to be decided in..........
Punjab Municipal Act, 1911, Section 13, Punjab Municipal Corporation Act, 1976, Section 3, 4, Constitution of India, 1950, Article 226, 227, 243(U) -- Upgradation of Municipal Council to Municipal Corporation - Curtailment of tenure of existing members (petitioners) of council - Challenge to - Held, there is no illegal curtailment of tenure of petitioners - No cause of..........
Punjab Municipal Act, 1911, Section 13, Punjab Municipal Corporation Act, 1976, Section 3, 4, Constitution of India, 1950, Article 226, 227, 243(U) -- Upgradation of Municipal Council to Municipal Corporation - Contention that action of Govt. was political opportunism - Held, it is not province of Court to set aside legislative action merely because it is politically..........
Punjab Municipal Act, 1911, Section 13, Punjab Municipal Corporation Act, 1976, Section 3, 4, Constitution of India, 1950, Article 226, 227, 243(U) -- Upgradation of Municipal Council to Municipal Corporation - Statutory parameters were considered but guidelines regarding population were ignored - Held, guidelines were merely in nature of executive instructions and had no..........
Capital of Punjab (Development and Regulation) Rules, 1952 -- Residential plot - Resumption of - Validity - Only objection was regarding over size window - Same is compoundable as per regulations - Same is within permissible limits as per amended regulations - Held, once allottee has informed administration within time granted that he has completed construction as per..........
Punjab Panchayati Raj Act, 1994, Section 19 -- No confidence motion - Counting of prescribed days - BDPO admitted that he carried an impression that both days i.e. date of notice and date of meeting are to be excluded while giving 7 days clear notice of no confidence motion, and thus mistake was committed - Held, directions issued to consider issuing instructions to all..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - On ground of personal necessity - Death of NRI landlord during pendency of petition - Dependent wife seeking amendment of eviction petition that even after death of her husband she requires the premises for business and residence - Even in the..........
