Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 10 -- Delivery of possession of site-Inordinate delay of 5 years-Lapse and negligence and breach of contract on part of Authorities-Allottee entitled to refund of amount along with interest @ 12% per annum-Authorities cannot be allowed to take advantage of their own wrongs by extending threats that money stands..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 10 -- Delivery of possession of site within reasonable period-Removal of trees and making site demarcation after a period of 5 years-Cannot be held to be a reasonable period- Allottee cannot be compelled to wait for 5 years-Not obliged to take possession of site-Breach of terms of allotment on side of..........
Indian Penal Code, 1860, Section 302, 149, 148, 147 -- Forming unlawful assembly and causing murder - Incident seen by wife and son of deceased - Son turning hostile - Evidence of wife believed - It cannot be said that she was not at the site of incident - Her statement to police after two days and later evidence corroborated by medical evidence - Order of conviction..........
Booth site -- Non-transfer of in the names of complainants and their mother inspite of fulfilling all the conditions laid down - Stand of the Opposite parties that since the original owners did not execute conveyance deed in favour of the complainants, transfer cannot be done as per the changed policy - No mention of requirement of any conveyance deed for transfer of booth..........
Interest -- Commercial site - Allotment of - Delay in delivery of possession - Due to lack of development of the area - Interest on deposited amount - Escalation in costs of building material - Compensation on - Allowing of interest on the deposits made by the consumer-complainant @ 18% p.a. is justified as it takes care of the escalation in the costs of building material...........
Compensation -- Commercial site - Allotment of - Absence of basic amenities - Unfair trade practice - Compensation claimed - OPs directed to remove the deficiency in service by providing basic amenities for the site as shown in the PUDAs site plan - Compensation of Rs.25,000/- awarded for harassment and agony suffered by the complainant...........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Conviction - Blood stained barchhi, being weapon of offence and kurti and ornaments of deceased matching with B blood group - Barchhi recovered at instance of accused from his conscious possession - Blood spread at place of occurrence mentioned in site plan - Accused bringing deceased from house of one 'K' with whom..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 22(2) -- Appeal decided without hearing appellant or the counsel - Liable to be set aside - Natural Justice...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 8 -- Ganja - Recovery of 47-1/2 kg. - Public witnesses not belonging to village in which recovery made - They are chance witnesses - One not supporting prosecution story and the other not appearing in witness box - Several villagers collected at site of occurrence but none of them examined - In absence of..........
Rent and Eviction -- Bona fide requirement - SCF (Shop-cum-Flat) - Eviction of tenant from first floor on ground of bona fide requirement - First floor of SCF whether residential or non residential - The expression `shop-cum-flat' does not always mean that the ground floor of the building is meant for shops and the first and the higher floors are residential accommodation..........
