Haryana Urban Development Authority Act, 1977, Section 15, 17, 54 -- 18% interest on delayed payment of instalments/default in payment of instalments/ condition for restoration of plot - Policy decision of HUDA - Validity of - Memo ADA - 1 - 99/12907 dated 12.4.1999 issued by Chief Administrator HUDA, Panchkula to charge 10% interest on delayed payment - Deemed to be..........
Civil Procedure Code, 1908, Section 144, 151 -- Petitioner took possession in pursuance of warrants of possession wrongly issued by the Court - He cannot retain the same - No person would take advantage of fault of the Court - Order of restoration of possession to rectify the mistake passed in exercise of inherent power of the Court u/s 151 CPC cannot be interfered in..........
Civil Procedure Code, 1908, Section 151, 144 -- Restoration of possession - Inadvertent mistake of Court in directing warrants of possession to be issued - Possession taken in pursuance of such warrants of possession - Cannot be retained - Plea that application under Section 144 maintainable only if there was any variation or reversal of judgment or decree in appeal or..........
Constitution of India, 1950, Article 226 -- Benevolent interim orders - Condonation of defaults in payment of instalments of price - Amount paid in compliance of interim orders of High Court - Can neither entitle petitioner to seek restoration of lease as of right nor can such order justify issuance of a writ to quash orders of cancellation of lease which are otherwise..........
Constitution of India, 1950, Article 226 -- Concessional/Benevolent approach - Challenge to cancellation of lease of built - up booth for failure to pay instalments of premium etc. - Deposit of dues in compliance with interim orders of High Court - Benevolent interim orders passed by High Court can neither entitle petitioner to claim restoration of lease as of right nor..........
Transfer of Property Act, 1882, Section 52, 53 -- Lis pendens - Applicability - Lis pendens starts from presentation of suit and continues till decree is executed - Private sale made by J.D. who is aware of decree and of attachment made before judgment and who has no evidence to prove that transfer is for consideration, has to be held fraudulent and voidable at instance of..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 22(4), 22(1), Capital of Punjab (Development and Regulation) Act, 1952, Section 10(4), 10(1) -- Order of Revisional Authority upholding forfeiture of premium where Appellate Authority cancelled forfeiture of premium - Without jurisdiction - Set aside - Once Appellate Authority ordered restoration of site subject..........
Punjab Tenancy Act, 1887, Section 80 -- Appeal filed before Collector against ejectment order passed by Assistant Collector IInd Grade - Transferred to Sub Divisional Officer (Civil) - cum - Collector - Dismissal of appeal for non - prosecution - Restoration application filed before Collector - Objection that Collector has no jurisdiction to restore appeal and this..........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 32, Rule 15 -- Dismissal for default - Restoration application - Dismissed at instance of plaintiff himself - Subsequent application by wife of plaintiff that plaintiff was mentally infirm also dismissed - Contention that enquiry under O.32.R.15 was not held - Plaintiff being himself present and..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay can be condoned even without filing separate application if delay is explained in the affidavit filed in support of application made to set aside exparte decree...........
