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1 - 10 of 13 (0.22 seconds)The Transfer Of Property Act, 1882
Section 106 in The Transfer Of Property Act, 1882 [Entire Act]
Article 227 in Constitution of India [Constitution]
Section 47 in The Transfer Of Property Act, 1882 [Entire Act]
Ajit Singh Januja & Ors vs State Of Punjab & Ors on 1 March, 1996
32. Again reiterating the same view, Hon'ble Supreme Court in case
Labha Ram and sons and others v. State of Punjab and others (1998) 5 S.C.C. 207
has ruled that "the Government has an inherent obligation to provide all the
licensed dealers sufficient accommodation for carrying on their trade. Merely
providing an opportunity to complete with the rest of the public for getting
accommodation in the new market is not sufficient to discharge the inherent
obligation of the Government."
Dr. H. S. Rikhy And Others vs The New Delhi Municipal Committee on 13 September, 1961
24. An identical question came to be decided by the Hon'ble Supreme
Court in Dr.H.S.Rikhy's case (supra). Having interpreted the relevant provisions of
sections 18, 46 and 47 of the Act, it was ruled that where the statute thus makes it
obligatory that there should be a contract in writing and duly executed by the
persons authorized by the Act to do so, the absence of such a contract cannot be
cured by the mere receipt of rent from the occupiers of the shops owned by the
Municipality. There being thus no relationship of lessor and lessee between the
Municipal Committee and the occupiers of shops in Municipal market, the
occupiers cannot claim the status of tenant/lessee.