Haryana Urban Development Authority Act, 1977, Section 17, 18 -- Resumption order passed after compliance with requirements of Section 17 - Not at all necessary for Authority to resort to proceedings under Section 18 for purpose of ordering resumption - Section 18 attracted only when a person has to be evicted from premises on account of his failure to pay rent, subletting..........
Haryana Urban Development Authority Act, 1977, Section 17(5) -- Time - barred appeal - Appellate Authority has discretion to condone delay - Power can be exercised only if Appellate Authority satisfied that appellant "prevented by sufficient cause from filing appeal in time" - No explanation for delay much less sufficient cause - No ground for interference with discretion..........
Civil Procedure Code, 1908, Section 92 -- Maintainability of suit under Section 92 - Depends upon allegations in the plaint - No reference need be made to averments in written statement for such determination - When suit instituted by person other than Advocate General - Essential requirement that person should have interest in the Trust - Interest must be real,..........
Constitution of India, 1950, Article 226 -- Challenge to appointment of Administrator of Panchayat - Procedure contemplated under Section 200 Punjab Panchayati Raj Act - Not even invoked much less followed - Recommendation for appointment of Administrator as in meeting of Panchayat quorum not complete, 4 Panches against Sarpanch and out of 7 only 3 Panches in his favour -..........
Societies Registration Act, 1860, Section 25 -- (As applicable in U.P.) - Registrar - Power to call general meeting of society for holding election - If the prescribed authority sets aside the election or if an office-bearer is held no longer entitled to continue in office under sub-section (1) or if the Registrar is satisfied that the election of the office-bearers of a..........
Registration Act, 1908, Section 17, 18(b) -- Document - Whether registration compulsory - Depends upon nature and contents of the document - The nomenclature given to the document is not decisive - Primary question to be considered is whether the document by itself creates or extinguishes rights in immoveable property worth more than Rs.100/- - Dispute between vendor and..........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Interest - Suit where question of mortgage involved - Interest would have to be in accordance with provisions of Order 34 Rule 11 and not Section 34 - Governed by contract between the parties...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence in relation to certified copy of compromise deed alleged to have been entered into between the parties - Basic ingredients to be taken into consideration by Court under Section 65(c) while considering application for permission to lead secondary evidence : (i) conduct of parties, (ii) execution of document, and (iii)..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal by State in land acquisition case - Mere fact that another Regular First appeal has been admitted - By itself cannot constitute a sufficient cause or ground for condonation of delay - A right of finality of judgment of District Judge has vested in non - applicant (respondent) - Cannot be taken away in..........
Land Acquisition Act, 1894, Section 25 -- Prohibition placed upon the amount to be awarded by Court and not upon admissibility of documents - Sale instances produced by State which reflect sale consideration lower than the amount awarded even by the Collector - Would not become inadmissible per se - Admissibility of a document and its relevancy on a case has to be..........
