Tubewell connection -- Deficiency in service - Compensation - Temporary tubewell connection not regularized on the ground that it was not permissible in view of Commercial Circular No.70/2001 for the distance more than 500 metres - Initial application for Regularisation entertained and even priority number given after the XEN concerned visited the spot - Cannot direct the..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction regarding interference in possession sought for - Agreement for sale in favour of plaintiff - Earnest money paid - Balance money not paid - Property sold to third person - Plaintiff held not to be in possession by lower court - Finding proper - Injunction cannot be granted...........
Monopolies and Restrictive Trade Practices Act, 1969, Section 12A, 36A - - Temporary mandatory injunction - Application filed by the appellant seeking stay of demand of extra charges and to restrain the respondent from cancelling the allotment of apartments for no, payment of the extra amount demanded rejected by the Commission - No offer made before the Commission nor in..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d) -- Parole - House repair - Parole on the ground of house repair refused contending that the house of the petitioner was in a good condition - However, report of the Municipal Councillor that house required repairs - Parole granted for 4 weeks...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining alienation and raising construction - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens and construction raised will be at own risk or on the basis of an undertaking that there will be no alienation and construction will be at own..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Can be issued at the instance of a defendant against co-defendant...........
Criminal Procedure Code, 1973, Section 397(2) -- Interlocutory order - Term 'interlocutory order' to be used in a restricted sense and not in any broad or artistic sense - It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties - The only test to determine is as to whether criminal..........
Limitation Act, 1963, Article 136 -- Decree - Execution - Limitation - Decree passed in 1973 and execution filed in 1973 - Proceedings closed and adjourned sine die due to Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 came into force and continued till Act No.10 of 1978 came into force and provided for scaling down of debts obtained by Agriculturists -..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d), 3(2) -- Parole - Release on parole declined - It is an administrative decision - However such decision is open to judicial review - High Court can exercise its power of judicial review in criminal matters...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d) -- Parole - Release on parole - Sought for repair of house - Police opposing the parole but Municipal Committee strongly recommended grant of parole - Parole refused without considering report of Municipal Committee - Order set aside - Authority directed to reconsider the matter afresh...........
