Court : Mumbai
Reported in : 2009(5)BomCR62; 2009(111)BomLR3318
..... town and country planning department on 20.5.2004. according to him, in view of section 134 of goa town & country planning act, 1974, major role is to be placed by the planning and development authority and as that role was already over, the allegation of pecuniary interest being made against respondent no. 1 is without any merit. ..... with an elected person who does not have any such disqualification at the time of his election, but incurs it subsequently. by section 12(2), the block development officer has been given authority and powers to find out whether disqualification under clause (b) or clause (c) of sub-section (1) is incurred by such member. sub-section ( ..... state election commission, but then vide its communication dated 26.12.2006, the commission informed him that it is not the authority to decide the issue of disqualification under section 12(1)(d) of 1994 act. he, therefore, states that declaration as prayed for may be granted and the petition should be allowed by issuing writ of .....
Tag this Judgment!Court : Kerala
Reported in : 2006(1)KLT425
..... ext.p1, unanimously resolved to accept the quotation of the petitioner for supply of food articles for different anganwadies under its jurisdiction. the 2nd respondent project officer of integrated child development scheme (icds) issued ext.p2 to the supervisor of the 3rd respondent grama panchayat directing that the supply shall be taken from the 4th respondent. faced with ext.p2, the ..... interfere or issue directions in individual cases. the case in hand is not one where the government was exercising authority under section 191 of the act. so much so, the contents of ext.p4 are without the sanction of law and hence without authority.8. the valanchery service co-operative bank, the petitioner has valanchery grama panchayat as its area of operation. so .....
Tag this Judgment!Court : Karnataka
..... uttarahalli hobli, bangalore south taluk, aggrieved by the notification dated 29.12.1988 gazetted on 6.4.1989 issued under section 17(1) of the bangalore development authority act 1976, for short act and the final declaration dated 9.5.1994 gazetted on 18.5.1994, filed w.p.no.34243/1994 whence, learned single judge by order dated 7 ..... of this court in the case of a. krishna murthy (since deceased), by legal representatives vs. bangalore development authority and others reported in 1996 (3) klj 506 db, wherein, it was observed that for the scheme to lapse under section 27 of the bda act, 1894 there must be dereliction of duty or failure on the part of the ..... 44/2. learned counsel further submits that the bda act does not postulate preponderance of the complete utilization of the acquired lands as held by this court in the unreported opinion dated 08.03.2012 in w.a.478/2012 in the case of kurulingappa vs. the bangalore development authority and another, following the decision of the apex .....
Tag this Judgment!Court : Punjab and Haryana
..... government of punjab, to immediately convene a meeting to be attended by the secretaries of department of local bodies and department of rural development and panchayats, punjab and other concerned authorities, ascertain the will of the residents of the area and then take an appropriate decision after giving opportunity of hearing to various stake holders ..... dated 12.11.2012 (annexure p-3) by the local government department, punjab and 26.11.2012 (annexure p- 4) by the department of rural development and panchayats, punjab. both these notifications indeed demonstrate that left hand does not knot what the right hand is doing. since two contradictory notifications have been issued ..... had approached the court earlier, want a separate gram panchayat for village bir amloh to be constituted in terms of section 3 of the punjab panchayati raj act, 1994. the inclusion or exclusion of an area within municipal limits or constitution of a gram panchayat would not per se come within the ambit of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)156PLR619
..... this court on the following substantial questions of law:1. whether the jurisdiction of the civil court is barred in terms of section 50 of the haryana urban development authority act, 1977?2. whether the plaintiff is entitled to declaration and injunction, even when he has defaulted in payment of balance sale consideration?10. however, at the ..... .3. the plaintiff filed a suit for declaration on 22.1.2001 challenging the proceedings initiated by the defendants under section 17 of the haryana urban development authority act, 1977 [ for short `the act' ], primarily on the ground that firstly, defendant no. 2 ought to have imposed penalty if there was any violation of the terms and conditions ..... in regular second appeal no. 457 of 2007 [sada wanti and ors. v. the haryana urban development authority and anr. ], it has been held that the jurisdiction of the civil court is barred in terms of section 50 of the act.18. in the present case, there is not even an iota of allegation that the order .....
Tag this Judgment!Court : Supreme Court of India
..... state of maharashtra and ors., air 1988 sc 1615; hindustan oil mills ltd. and anr. vs. special deputy collector (land acquisition), air 1990 sc 731; and raipur development authority v. anupan sahkari griha nirman samiti and ors., (2000) 4 scc 357).9. in view of the above, section 4 notification dated 26.3.1983 and declaration ..... clearly shows that neither of the said powers have been exercised. a question then arises with respect to the authority or power under which the state entered upon the land. it is evident that the act of the state amounts to encroachment, in exercise of "absolute power" which in common parlance is also called ..... shri arvind kumar and ms. henna george, learned counsel appearing for the appellant have submitted that there had been 3 successive notifications under section 4 of the act. therefore, the second notification superseded the first and the third notification superseded the second notification. in response to the first section 4 notification there was no award .....
Tag this Judgment!Court : Delhi
..... is also placed by the counsel for the respondent/plaintiff upon a recent judgment of the supreme court in the case of kailash nath associates vs. delhi development authority and another (2015) 4 scc136to argue that supreme court in this judgment of kailash nath associates (supra) has clarified with reference to the ratio of fateh ..... judgment are paras 30 to 44 which read as under:-"30. we now come to the reasoning which involves section 74 of the contract act. the division bench held: 38. the learned single judge ..... amount is liquidated damages under section 74 of the contract act. that the forfeiture of earnest money is nothing but forfeiture of liquidated damages is clearly so clarified by the recent judgment of the supreme court in the case of kailash nath associates vs. delhi development authority and another, (2015) 4 scc136and relevant paras of this .....
Tag this Judgment!Court : Delhi
..... is also placed by the counsel for the respondent/plaintiff upon a recent judgment of the supreme court in the case of kailash nath associates vs. delhi development authority and another (2015) 4 scc136to argue that supreme court in this judgment of kailash nath associates (supra) has clarified with reference to the ratio of fateh ..... judgment are paras 30 to 44 which read as under:-"30. we now come to the reasoning which involves section 74 of the contract act. the division bench held: 38. the learned single judge ..... amount is liquidated damages under section 74 of the contract act. that the forfeiture of earnest money is nothing but forfeiture of liquidated damages is clearly so clarified by the recent judgment of the supreme court in the case of kailash nath associates vs. delhi development authority and another, (2015) 4 scc136and relevant paras of this .....
Tag this Judgment!Court : Delhi
..... to the contrary in the terms of the contract, on default committed by the buyer, the seller is entitled to forfeit the earnest. 10. in delhi development authority v. grihstrapana cooperative group housing society ltd., this court following the judgment of the privy council in har swaroop and shree hanuman cotton mills, held that the ..... judgment are paras 30 to 44 which read as under:-"30. of the contract act. the division bench held: we now come to the reasoning which involves section 74 38 ..... amount is liquidated damages under section 74 of the contract act. that the forfeiture of earnest money is nothing but forfeiture of liquidated damages is clearly so clarified by the recent judgment of the supreme court in the case of kailash nath associates vs. delhi development authority and another, (2015) 4 scc136and relevant paras of this .....
Tag this Judgment!Court : Delhi
..... is also placed by the counsel for the respondent/plaintiff upon a recent judgment of the supreme court in the case of kailash nath associates vs. delhi development authority and another (2015) 4 scc136to argue that supreme court in this judgment of kailash nath associates (supra) has clarified with reference to the ratio of fateh ..... judgment are paras 30 to 44 which read as under:-"30. of the contract act. the division bench held: we now come to the reasoning which involves section 74 38 ..... amount is liquidated damages under section 74 of the contract act. that the forfeiture of earnest money is nothing but forfeiture of liquidated damages is clearly so clarified by the recent judgment of the supreme court in the case of kailash nath associates vs. delhi development authority and another, (2015) 4 scc136and relevant paras of this .....
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