Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Public street - Encroachment - Suit for mandatory injunction for removal of obstructions/encroachment - Municipal Council has statutory right to remove unauthorized encroachment - Right exercised by Municipal Corporation not for the benefit of itself but for the benefit of inhabitants of urban area - Civil..........
Punjab Land Reforms Act, 1972, Section 18, Punjab Tenancy Act, 1887, Section 82(1) -- Proviso (a) & (d) - Review - Order passed by Collector declaring no surplus area - State filed by appeal before Commissioner - During pendency of appeal Collector filed reference to Commissioner for review of order passed by Collector - Appeal dismissed in default - Reference accepted -..........
Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, Contract Act, 1872, Section 70,73 -- Regulation 6 - Housing - Flat - Allotment under discretionary quota - On the date of application for registration the respondent having no house in her name - Allotment of flat vide letter dated 21.3.1991 but before that she acquired house in the..........
Indian Penal Code, 1860, Section 397 -- Robbery - Essential ingredients of provision of S.397 IPC are as follows: (1) Accused committed robbery; (2) While committing robbery or dacoity (i) accused used deadly weapon (ii) to cause grievous hurt to any person (iii) attempted to cause death or grievous hurt to any person; (3) 'Offender' refers to only culprit who actually..........
Indian Penal Code, 1860, Section 397 -- Robbery - Essential ingredients of provision of S.397 IPC are as follows: (1) Accused committed robbery; (2) While committing robbery or dacoity (i) accused used deadly weapon (ii) to cause grievous hurt to any person (iii) attempted to cause death or grievous hurt to any person; (3) 'Offender' refers to only culprit who actually..........
Haryana Urban Development Authority Act, 1977, Section 15, Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 -- Promissory Estoppel - Land acquired - Land in possession of tenanats, running business - Allotment of alternate site - Representations to HUDA for providing alternative site - Resolution passed by HUDA to allot alternative site at..........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment compensation - Notice - General notice issued on 12.4.1993 informing workmen that their services would cease after 7 days from date of publication of the said notice - It simply states that the casual workers concerned were to collect their dues on 19.4.1993 - No mention made therein as to whether the dues..........
Industrial Disputes Act, 1947, Section 25F(a) -- Retrenchment - Notice - Clause (a) of Section 25 F of the Act requires that the workman proposed to be retrenched should be given one month's notice in writing indicating the reasons for retrenchment and period of notice should expire before retrenchment - Alternatively it provided that the workman may be paid in lieu of..........
Industrial Disputes Act, 1947, Section 2(oo),25F -- Retrenchment - Compensation in lieu of re-instatement - Retrenchment held to be null and void for non-compliance of provisions of Section 25F - Almost 14 long years have passed since then - For all effects and purposes the petitioner workmen have failed to contribute to the respondent management in any material way for a..........
Hindu Marriage Act, 1955, Section 15, Contempt of Courts Act, 1971, Section 2(b), 12 -- Disobedience to the 'other process of the Court' - Marriage performed after filing of appeal - An unlawful act in terms of section 15 of Hindu Marriage Act - Whether amounts to willful disobedience to the 'other process of the Court' disclosing a Civil Contempt within meaning of section..........
