Housing -- Refund of earnest money - Deficiency in service - Interest - Delay of five years in refund of the amount and that too without ineterest - Plea of the petitioner OP that respondent did not ask for refund of money - Not informed if respondent was ever made aware of the fact that he would get the money refunded on his asking - Award of interest @ 18% by the State..........
Constitution of India, 1950, Article 226(2) -- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) - Preventive detention - Territorial jurisdiction - Detention order passed against the petitioner on the ground that he heavily over-valued the consignment of goods for export to fraudulently avail benefit under the DEPB Scheme -..........
Land Acquisition Act, 1894, Section 54, 23 -- Dismissal of statutory appeal in limine at the stage of admission - No proper consideration by High Court in regard to claim for enhancement of compensation - High Court did not record a finding that compensation awarded by Reference Court represents market value as on the date of Section 4(1) Notification which was a just and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- No strict compliance of S.57 - No evidence that accused was prejudiced by the failure to comply with the Section - Not a ground for acquittal - S.57 is only directory...........
Will -- Proof - Is the same as any other document except that it should additionally satisfy the requirement of Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872...........
Criminal Procedure Code, 1973, Section 482 -- Registration of FIR - Petition for - Allegation made for commission of offence under Ss.452, 342, 354, 506/120B IPC - No document annexed with the petition in order to support the stand taken that the portion which the accused persons had occupied factually was owned or possessed by the petitioner on the date when alleged..........
Hindu Marriage Act, 1955, Section 23 -- Taking advantage of own wrong - No relief to be granted in any proceedings under the Act whether defended or not when it is found that the petitioner was taking advantage of his or her own wrong or disability for the purposes of the reliefs contemplated under Section 23 (1) of the Act...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Stay of execution during pendency of application U.O.21.R.97 - Executing Court is competent to grant stay of execution under section 151 CPC...........
Punjab Panchayati Raj Act, 1994, Section 3, 4 -- Declaration under Section 3 or Section 4 - Opportunity of hearing to the residents of the area - Not required...........
Constitution of India, 1950, Article 226 -- Challenge to order passed in revision under Section 115 Haryana Co-operative Societies Act - No reason given for setting aside order passed by Registrar - Order cannot be sustained - Set aside - Haryana Co-operative Societies Act, Section 115...........
