Reader Comments

Lawyer in Chandigarh for Dummies

by Numbers Fetherstonhaugh (2018-10-23)


In the event MUDA does not consider it feasible to utilize the land for the purpose of the Act the same be handed over to the person entitled to receive such possession depending Advocates upon the outcome of Writ Appeal No. Custodian General Advocates of Evacuee Property (1) "It is plain that such a writ cannot be granted to quash the decision of an inferior court within its jurisdiction on the ground that the decision is wrong. The brother died and the appellant claimed to have become the sole heir.

However, keeping in mind that even if we are to set aside the acquisition, re-acquisition can be resorted to in which event the land would continue to vest in the MUDA and the land owner would be entitled to compensation, though at an enhanced rate, we are of the view that it would be just, fair and equitable to direct that the land vacant as on today and all such lands under encroachments, after being made free therefrom, may be retained by the MUDA for developmental works in consonance with the object(s) of the 1903 Act and the owner thereof be entitled to compensation in terms of the directions that follow.

The appellant filed a petition under Art. Reliance was placed on the observations of Mahajan, J. " (1) [1952] INSC 33; [1952] S. The development of Hindu religion and philosophy shows that from time to time saints and religious reformers attempted to remove from the Advocates Hindu thought and practices elements of corruption and superstition and that led to the formation of different sects. The appellant obtained special leave and contended that the notice was issued without jurisdiction as there was no material before the respondent to justify his issuing of the notice and that the application for the copies Advocates had been improperly -ejected by the respondent.

" While thus enunciating the principle on which the measure of damages for conversion is to be calculated the noble law Lord referred to the statement of Abbott C. 226 of the Constitution in the High Court which was also dismissed. 15 of 1954 arising out of the judgment and order dated 25th August 1954 of the Court of Special Judge at Ajmer in Criminal Case No. Adverting to the facts of the present case, we find that out of the 94 acres and 28 guntas of land that was acquired way back in 1985-88, 55 acres have been allotted to the respondent No.

The appellant and his brother owned certain properties inherited from their father. - Appeal from the judgment and order dated the 27th November 1954 of the Court of Judicial Com- 683 missioner at Ajmer in Criminal Appeal No. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. The respondent issued a notice under S. The application was rejected by the respondent. The appellant, desiring to know on what materials the notice was issued, applied for copies of the materials on the basis of which he respondent had formed his opinion.

-This is an appeal by special leave against the judgment and decree of the High Court of Calcutta and arises out of an application filed by the appellant under s. Wilkinson (supra) and stated: 802 conversion is calculated. The layout proposed by MUDA was in respect of the balance land i. It is the value of the thing converted at the date of the conversion, and this principle was accepted by both sides in the present case.

Though even on the land not allotted to respondent No. Of the said approximately 40 acres of land, according to the MUDA, about 16 acres and 30 guntas is presently vacant whereas there are encroachments on the remaining land. , as he then was, in Ebrahim Aboobakar v. 7 of the Administration of Evacuee Property Act, 1950, in respect of the share of the brother on the ground that the brother had left a widow and a son who had migrated to Pakistan. 28, no developmental work, in consonance with the object of the 1903 Act has been undertaken we are not certain if the same is on account of the smallness of the area available or for any other good and acceptable reasons.

Indeed, it must be shown before such a writ is issued that the authority which passed the 'order acted without jurisdiction or in excess of it or in violation of the principles of natural justice. If we study the teachings of these saints and religious reformers, we would notice an amount of divergence in their respective views; but underneath that divergence, there is a kind of subtle indescribable unity which keeps them within the sweep of the broad and progressive Hindu religion.

Buddha stated Buddhism; Mahavir founded Jainism; Basava became the founder of Lingayat religion, Dnyaneshwar and Tukaram initiated the Varakari cult; Guru Nanak inspired Sikhism; Dayananda founded Arya Samaj, and Chaitanya began Bhakti cult; and as a result of the teachings of Ramakrishna and Vivekananda, Hindu religion flowered into its most attractive, progressive and dynamic form. The Judgment of the Court was delivered by JAGANNADHADAS J.

All proceedings connected to such encroachments will be completed within six months from today by all such forums before which the same may be pending. party can only take the course prescribed by law for setting matters right inasmuch as a court has jurisdiction to decide rightly as well as wrongly. But once it is held that the court has jurisdiction but while exercising it made a mistake, the wronged.