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1 - 10 of 14 (0.29 seconds)Section 9 in The Limitation Act, 1963 [Entire Act]
The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
Section 27 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 [Entire Act]
Section 7 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 [Entire Act]
Article 226 in Constitution of India [Constitution]
The Limitation Act, 1963
Evergreen Apartment Co-Operative ... vs Special Secretary (Appeals), Revenue ... on 16 August, 1990
As can be noticed from the order of
the Secretary (Appeal), relying on the decision in
'EVERGREEN APARTMENT CO-OPERATIVE HOUSING
SOCIETY V. SPECIAL SECRETARY, REVENUE
DEPARTMENT, GUJARAT STATE' (Supra), it had directed
the concerned authority to inquire into the provisions of
the Fragmentation Act on following due procedure. In both
the above referred authorities, even the time of four years
for initiating any action for breach of the Fragmentation
Act has been considered to be bad in law, whereas, in this
case, the petitioners, who are the heirs of the original
seller and who have enjoyed and taken benefits of the sale
consideration, are desirous of taking advantage of their
own wrong after nearly 20 years and made an application
to the authority concerned for not granting permission for
division of the Block, which, in the opinion of this Court,
cannot be permitted."
State Of Gujarat vs Patel Raghav Natha & Ors on 21 April, 1969
This Court in connection with other statutory
provisions, in the case of State of Gujarat v. Patil Raghav Natha
and in the case of Ram Chand v. Union of India has impressed
that where no time-limit is prescribed for exercise of a power
under a statute it does not mean that it can be exercised at any
time; such power has to be exercised within a reasonable time.
We are satisfied that in the facts and circumstances of the present
case, the suo motu power under Section 84-C of the Act was not
exercised by the Mamlatdar within a reasonable time.
Accordingly, the appeal is allowed. The impugned orders are set
aside. No costs.
Ram Chand vs Union Of India (N.P. Singh, J) on 30 September, 1993
This Court in connection with other statutory
provisions, in the case of State of Gujarat v. Patil Raghav Natha
and in the case of Ram Chand v. Union of India has impressed
that where no time-limit is prescribed for exercise of a power
under a statute it does not mean that it can be exercised at any
time; such power has to be exercised within a reasonable time.
We are satisfied that in the facts and circumstances of the present
case, the suo motu power under Section 84-C of the Act was not
exercised by the Mamlatdar within a reasonable time.
Accordingly, the appeal is allowed. The impugned orders are set
aside. No costs.