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1 - 10 of 36 (0.26 seconds)Section 53A in The Transfer Of Property Act, 1882 [Entire Act]
The Transfer Of Property Act, 1882
Section 122 in The Transfer Of Property Act, 1882 [Entire Act]
Article 2 in Constitution of India [Constitution]
Article 166 in Constitution of India [Constitution]
Beharilal & Anr vs Smt. Bhuri Devi & Ors on 5 December, 1996
Reference was also made to Beharilal and another vs.
Bhuri Devi (Smt.) and others, (1997) 2 SCC 279 wherein, observations had been
made that though the agreement was not in conformity with Article 299(1) of the
Constitution of India, the Court could read and find that the contract had been
executed on behalf of the Governor. In the said case, the issue in question was
whether the patta gave any right to the appellant. The Hon'ble Apex Court noticed
that as per the rules which had been duly approved by the Raj Pramukh, the Mandi
Committee which was represented by the Chairman and the Tehsildar, could allot
plots of land to the traders and they did in fact in accordance with the Rules. A
finding was recorded that the execution of patta was in conformity with the rules
and thus was in substance on behalf of the Governor. Accordingly, it was held that
the contract though not executed strictly in conformity with Article 299(1) of the
Constitution of India but being in conformity of the rules, was not void. In the
present case, there are no rules governing the disposal of the said property and only
a Committee had been set up and the contract, as noticed, was never executed
between the parties for disposal of the public property and the triple test not being
satisfied, the said judgment would have no applicability to the facts and
CWP No. 6476 of 1987 21
circumstances of the present case.
Union Of India & Ors vs M/S. Indo-Afghan Agencies Ltd on 22 November, 1967
The earlier decision in Union of India and others vs. Indo-Afghan
Agencies Ltd, AIR 1968 SC 718, on the basis of which the petitioner is placing
reliance on the point of promissory estoppel, was also distinguished on the ground
that it was not a case of a contractual right and it was only seeking compliance
upon the obligations which had been laid down by the Textile Commissioner in the
terms of the export promotion scheme for grant of incentives to exporter.
Bihar Eastern Gangetic ... vs Sipahi Singh & Others on 1 September, 1977
6. No contract is enforceable against the Union of India,
unless the mandatory requirements of Article 299 of the
Constitution have been complied with. As stated by this
CWP No. 6476 of 1987 24
Court in Bihar Eastern Gangetic Fishermen Co-operative
Society Limited v. Sipahi Singh and Ors. :
Kasinka Trading And Another, Etc. Etc. vs Union Of India And Another on 18 October, 1994
21. That this Court only has to examine whether the decision of the
Minister dated 22.12.1965 was arbitrary in any manner and as pointed out by
counsel for the State, the said decision is not a subject matter of challenge since
only the proceedings under the P.P. Act are subject matter of writ petition. The
decision not to sell the property to the tenants who are in occupation was a
decision taken by the then Ministers on the ground that the price of `3,50,000/- at
that point of time was also very low and a higher amount could be fetched by
ejecting the tenants and there is no mala fide against the then Minister who was
acting in interest of the Government and did not approve the minutes of the
meeting.