Chandigarh (Sale of Sites and Building) Rules, 1960, Rule 11D -- Pari materia to Rule 21-A - Statutory powers vested in Estate Officer - Not purely administrative power - Order has serious consequences - Division Bench judgment in Smt. Maya Devi's case 2001 (1) PLJ 172 Relied on - Revision competent under Section 10(3) read with Rule 17 against order passed by Estate..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2(q) -- clause (i) - Expression `vacant land' - Though sanction of building plan granted yet no construction had been raised on appointed day - Respondents held entitled to benefit under sub clause (i) of clause (q) of sub-section 2 of the Act and entitled to get the vacant land required to be kept in terms of the..........
Succession Act, 1925, Section 63 -- Evidence Act, 1872, Section 68 - Will - Execution of - `Y' mother of `R' having seven daughters and no son executing a will in favour of `R' - `R' a widow looking after her mother `Y' for 20 years - Will got registered by `Y' 3 years and 9 months before her death - The Will attested by two witnesses out of whom one was examined as a..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to Arbitrator - Rejection of application by trial Court without taking into consideration the various pleas raised by the applicant-petitioners and also the provisions of Section 16 of the Act - Impugned order liable to be set aside - Matter remanded...........
State Financial Corporation Act, 1951, Section 9,23,39 -- Punjab Financial Corporation (Staff) Regulations 1961, Regulations 65,66 and 92 - House rent allowance - Conveyance re-imbursement - Medical re-imbursement - Directive of the State Government to the respondent Corporation to pay the same to its employees as per rules followed by the State Government and decision..........
Land Acquisition Act, 1894, Section 28A -- `Person aggrieved' - Compensation - Re-determination of - A claimant who has received the amount with or without protest pursuant to the award of the Land Acquisition Officer and has not filed an application seeking for reference under Section 18 of the Act is a `person aggrieved' within the meaning of Section 28-A of the Act...........
Criminal trial -- Witness - Evidence of witnesses cannot be discarded merely because their statements were recorded under Section 164 Cr.P.C. - All that is required as a matter of caution is a careful analysis of the evidence...........
Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 -- Regulation 5(5) - Refund of earnest money on refusal of allottee to accept allotment - HUDA directed to refund earnest money with interest @ 9% p.a. - Letter of intent clearly stipulates that letter of intent of allotment of land was an offer, which applicant or plot holder can refuse or accept..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(1)(b) -- Original order of surplus passed in 1961 and against allotment appeal and revision finally decided by Financial Commissioner - Recourse to Civil Court litigation - Cannot come to rescue of landowner to recover surplus land - Jurisdiction of Civil Court - Stands barred - Civil Procedure Code, Section 9...........
Transfer of Property Act, 1882, Section 119 -- Exchange - Plaintiff taking property in exchange - Third party taking its forcible possession and plaintiff thus losing his possession - Not a case of defect in title - Section 119 does not apply...........
