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...meanwhile three villages have been established thereon, the summary process of eviction of the inhabitants thereof is illegal and thus, remedial intervention of this Court is warranted...for review thereof. By order dated 9.9.2013 passed in the contempt petition, a Coordinate Bench of this Court, however, did not interdict the process of eviction underway and rather granted the...been removed. This respondent as well mentioned in his reply that prior to the act of such removal, a process under section 91 of the Act had been initiated and that the remaining 44 encroachers had...
...impugned judgment on the ground that it was simple eviction suit in the summary proceedings as contemplated under Section 14 of the B.B.C Act and in such summary process of ...manufactured document only for the purpose of obstructing the eviction process as in suit from the plaintiff's side. The relationship of landlord and tenant between the plaintiffs and the defendants had been...the landlord then in the eviction process itself such title can be decided although in the narrow scope as for ancillary purposes. That the plaintiff No. 1's father and defendant no. 3 were the...
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6. The respondents are reminded that whatever may be their might, they must act strictly in accordance with law and not resort to summary eviction without following the due legal process therefor...
...respondent no. 5 in issuing the impugned proceedings endorsement vide Rc No B/40/2020 dated 11.06.2020 without following due process of law and without issuance of summary eviction...
...respondent no. 5 in issuing the impugned proceedings endorsement vide Rc. No. B/40/2020 dated 11.06.2020 without following due process of law and without issuance of summary eviction...
...) and the Company Court also by a summary order can direct eviction of a trespassers from the Company property. But Company Court must follow the law of the land in regard to such eviction. The process is...535 eviction of the trespassers from the premises held by the Company (in liquidation) has been accepted to be due process of law. Mr. Mukherjee cited following decisions of this Hon'ble...summary but the law to be applied prior to ordering eviction of a trespassers is the same law as would have to be applied by any Civil Court ordinarily trying a suit against a trespassers. Further, a...
...decide the validity of the eviction process from the occupied Government land since rule 18(2) was amended.7.2 Since sub-rule (2) of rule 18 is substituted by amendment w.e.f 21.3.1997, th...settlement holders for the concerned land and bona fide claim of title is not involved, summary eviction of the encroachers can be ordered, under rule 18(2) of the Settlement Rules.7.6 The ...Government land is earmarked for the office of the Labour Commissioner, the recourse to the summary procedure for eviction of the encroachers is contended to be the right process for quick clearance of...
...Estate Officer does not have authority or jurisdiction to direct eviction u/s 5 (2) of PP Act, by summary process. Due process of law in a case like this necessarily implies...SCC 133 held that in the case of a perpetual lease, the Estate Officer did not have authority or jurisdiction to direct eviction under Section 5(2) of the said Act under a summary...under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The appeals were preferred by...
...petition, it is quite apparent that the respondent-tenant is abusing the procedure set out for disposal of eviction petitions and in fact hijacking the process of the Court by repeated applications.... That cannot be countenanced. The legislative will of a summary trial of eviction petitions only compliant with natural justice cannot be brought to a naught by a litigant determined to stall and over...long pending eviction petition laid by the petitioner before the Rent Tribunal under the Rajasthan Rent Control Act, 2001...
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to the petitioner due to summary eviction without following due process of law.
6. Shri. Deshpan...sought to be evicted without following the due process of law. He further submitted that petitioner shall have no objection for the ED to take symbolic possession and permit the petitioner to reside in...records.
8. Undisputed facts of the case are, Adjudicating Authority has confirmed the provisional attachment. Consequently, eviction notice has been issued by the ED...
...or restrain unauthorised occupation of land by the imposition of penal assessment. Process of summary eviction is conceived of by the statute as a means of checking unlawful occupation of Government...unauthorised occupants by summary process. The definition of ‘public premises’ in section 2 of the Punjab Act provides a contrast to the provisions of...to be questioned in a Court of law. Veeraswamy C.J, also observed:—“Though the Collector under the Madras Act may choose the remedy under its provisions viz., summary eviction, it...
...premises at the expiry of the limited period for which the tenancy has been permitted to be created under the Rent Controller's order. Counsel submitted that Section 21 postulates summary eviction of the tenant by a process...is really in the nature of executing the earlier order creating a tenancy for a limited period as no fresh eviction order is contemplated and that insistence upon a prior...possession nor has he any defence to eviction and the section does not contemplate the passing of any order of eviction against the tenant before issuing the warrant of possession in favour of the...
...indicates that even if tenancy of a tenant is to be terminated and he is to be summarily evicted, before actual summary eviction takes place, section 32P(2AA) read with section 32P(2)(c)(ai) interjects its...summary eviction of such tenant. In short, the legislature has given a locus poenitentiae to such tenant to get back the land which he could not...Collector directing summary eviction of the petitioners are found to be ex facie ultra vires and illegal and cannot be sustained.5. XXXXXXXXX.Petitions allowed....
...their eviction under sub-s.(2) thereof by summary
process. Due process of Law in a case like the
present necessarily implies the filing of suit by the...eviction proceedings. The notice dated 24/4/2000
is received by the petitioners around 30/4/2000 and that the
order of eviction is passed on 16/5/2000. He complains of...under the Karnataka Public Premises
(Eviction of Unauthorized Occupants) Act, 1974.
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4. As the petitioners are in lawful possession of the...
...has the Estate Officer any authority or jurisdiction to direct their eviction under Sub-section (2) thereof by summary process. Due process of law in a case like the present necessarily implies the...Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Public Premises Act). It is further submitted that the decision relied upon by the learned Additional District...-deed dated March 17, 1958 can, by no process of reasoning, be regarded as public premises belonging to the Central Government under Section 2(e). That being so, there is no...
...petitioner and the Nagar Parishad and, therefore, summary eviction on the ground of unauthorized occupation by the State respondents is wholly arbitrary.
11. Mr...the judicial pronouncements relied upon in support of the petitioner's case. In case of Thummala Krishna Rao (supra), the Supreme Court has held that summary remedy for eviction provided by Section 6...summary eviction by way of removal of encroachment where bonafide question of title exist.
17. I am of the view, however, after having examined the pleadings on record...
...undertaken or agreed to vacate the premises upto December, 1984. He has observed that the present eviction application is an abuse of the process of the Court.4. The summary procedure...application was an abuse of the process of the Court on the ground that the wife of petitioner had obtained an order of eviction against her tenant who is to vacate by 31st December, 1984. The..., 1982 of the Additional Rent Controller dismissing the application for the eviction of the respondent without deciding whether the respondent-tenant was entitled to leave to contest the eviction...
...the land in regard to such eviction. The process is summary but the law to be applied prior to ordering eviction of a trespassers is the same law as would have to be applied by...the Company (in liquidation) and the Company Court also by a summary order can direct eviction of a trespassers from the Company property. But Company Court must follow the law of...since 1972-73, 1975, 1978-79. It was claimed that 80 houses have been constructed on plot no.674 and under the directions of the Court, they are sought to be evicted without due process of law...
...respondent evicted from the property in question, the petitioner has to avail appropriate remedy for eviction before appropriate forum by following due process of law and not by adopting the summary...private respondent, can seek the eviction by summary proceedings under the provisions of 2007 Act or not.
8. It may be noticed that 2007 Act has been enacted so that...eviction of private respondent from the premises owned by the petitioner has been rejected by the Tribunal vide order dated 24.01.2024 (Annexure P-1).
2. Learned...
...eviction under sub-section (2) thereof by summary process. Due process of Jaw in a case like the present necessarily implies the tiling of suit by the lessor i.e., the Union of India, Ministry of Works...’ time to resist the eviction proceedings. The notice dated 24-4-2000 is received by the petitioners around 30-4-2000 and that the order of eviction is passed on 16-5-2000. He complains of lack of...resort to the initiation of the proceedings under the Karnataka Public Premised (Eviction of Unauthorised Occupants) Act 1974.
4. As the petitioners arc in...