Probation of Offenders Act, 1958, Section 3, Essential Commodities Act, 1955, Section 7 -- Orissa Foodgrains Dealers Licensing Order, 1964, CI.3 - Storage for sale of foodgrains without licence - Imposition of penalty & sentence - Release on probation - Held, provisions of the Act of 1958 is not applicable to offences punishable u/s.7 of Essential Commodities Act, 1955...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Petitioners on basis of alleged sale deed moved impleadment application in proceedings - Application rejected - Petitioners neither decree holders nor auction purchasers - Petitioners have no right to make objection or application U.O.21.R.97 CPC - Petitioners themselves are responsible for creating..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 -- Panchayat land - Sale of - Validity - Resolution passed by Gram Panchayat does not mention purpose for which Gram Panchayat's land was proposed to be sold - Held, decision taken by Gram Panchayat to sell land in question is contrary to provisions of rules and lacks in foundation...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 -- Panchayat land - Sale of - Contravention of R.12 - Held, a sale in contravention of R.12 is no sale in eyes of law - Panchayat can in such circumstances resort to appropriate proceedings to avoid such sale...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 6, 10A - - Panchayat land - Sale to close family member of Sarpanch - Validity - Resolution passed by Gram Panchayat is devoid of purpose of sale and sale has been effected in favour of a very close family member of Sarpanch - Held, sale cannot stand the test of judicial scrutiny - Sale in favour of petitioner is..........
Criminal Procedure Code, 1973, Section 482 -- Sale of property by impersonation - When there are serious allegations of fraud and impersonation, a criminal case cannot be shut out on the ground that the dispute appears to be of civil nature - Execution of sale deed by impersonation is a very serious matter...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Propriety - On basis of written statement, application for amendment was filed by plaintiff on the ground that defendant claimed possession over suit land on strength of a sale deed - Court below took view that if amendment was allowed, it would lead to increase in valuation of suit and, therefore,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Plaintiff admitted to have obtained knowledge of sale deed in the year 1993 - Suit filed after a lapse of 9 years in the year 2002 - Suit should have been filed within three years - Plaint rightly rejected...........
Agreement to sell -- Specific performance - Execution of sale deed at the market price prevailing on the date of judgment - Modification of direction - As far as alleged transfer of rights in the suit property to third party at the time of passing of order in appeal is concerned the same cannot be a legitimate basis of any modification of judgment when at the time of..........
Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, Rule 3(3) -- Preferential allotment - Establishment of Timber Market - None of petitioner is licencee of category II - Place where they are working is not a de-notified market - Held, they were not entitled for preferential allotment on reserve price under the Rules of 2000 - As per offer..........
