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1 - 10 of 17 (0.32 seconds)Section 138 in Transfer of Property Act, 1977 [Entire Act]
Transfer of Property Act, 1977
Section 107 in Transfer of Property Act, 1977 [Entire Act]
Section 28 in Transfer of Property Act, 1977 [Entire Act]
Section 32 in Transfer of Property Act, 1977 [Entire Act]
Section 21 in Transfer of Property Act, 1977 [Entire Act]
Section 8 in Transfer of Property Act, 1977 [Entire Act]
Section 15 in Transfer of Property Act, 1977 [Entire Act]
Jogendrasinhji Vijaysinghji vs State Of Gujarat & 6 on 13 April, 2016
8. On the other hand, Mr. Pranav Kohli, learned counsel for the Commission
while placing reliance on decision of the Supreme Court in the case of
Sh. JogendraSingh VijaySinghji v. State of Gujarat and ors, 2015 (7)
SCALE 494 has submitted that a quasi judicial authority can defend its
order. It is further submitted that the Commission while passing the
impugned order has recorded the finding that there are allegations against
the delinquent officials and has properly appreciated the material available
on record while recording the findings, which do not call for any
interference. It is also submitted that the writ petitions are premature as the
same have been filed only against the recommendations made by the
Commission. It is further submitted that the action on the report is yet to be
taken by the State Government in view of Section 21(3) of the Act and only
thereafter, the cause of action would have accrued to the petitioners to
approach this Court. Therefore, the writ petitions filed by the petitioners are
OWP No.726/2008, MP No.1073/2008
c/w
OWP No.502/2008, MP Nos.01/2017 & 777/2008
OWP No.539/2008, MP No.820/2008
OWP No.552/2008, MP No.840/2008 Page 6 of 14
liable to be dismissed on this ground alone. Mr. K S Johal, learned Senior
Counsel for the complainant submitted that the document in question is a
lease deed and the acts of omission and commission fall within the
definition under Section 2 of the Act. It is further submitted that the lease
was not covered under Section 28-A of the J&K Agrarian Reforms Act and
the Commission while recording the findings has taken the legal possible
view.