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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SANDEEP TANEJA
State Of Raj. – Appellant
Versus
Bhai Shankar Lal Jawan Mal – Respondent
| Table of Content |
|---|
| 1. central issue of auction terms and legality of subsequent conditions. (Para 1 , 2 , 3) |
| 2. arguments against the validity of lease conditions. (Para 4) |
| 3. final decision on dismissal of special appeals. (Para 7) |
Judgment :
1. These batch of special appeals arise out of a common judgment and order dated 08.10.2009 passed by the learned Single Judge of this Hon’ble Court S.B. Civil Writ Petition No. 3801/1998 (Bhai Shankar Lal Jawan Mal v. State of Rajasthan & Ors.) and other connected writ petitions, whereby the writ petitions were allowed. Since all these appeals involve identical facts and issues, they were heard together and are being decided by this common judgment for thse sake of convenience and clarity. The facts of D.B. Special Appeal (Writ) No. 326/2010 (State of Rajasthan & Ors. v. Bhai Shankar Lal Jawan Mal) are being treated as the lead case for reference.
“It is, therefore, most respectfully prayed that this appeal may kindly be allowed and the order dtd.8.10.2009 passed by the learned Single Judge be set aside and the writ petition filed by the respondent be ordered to be dismissed.
3. The brief facts giving rise to the present batch of appeals are that the
The court reinforced that conditions outside the auction terms cannot impose additional obligations and affirmed the principle of promissory estoppel.
The main legal point established in the judgment is that the Nagpur Municipal Corporation was not permitted to incorporate additional terms and conditions in the lease-deed while renewing it, and the....
The court held that once a bid is accepted in a public auction, it cannot be invalidated based on subsequent complaints without evidence of fraud or collusion.
(1) Whenever there is such a business/commercial transaction, it is always to be examined on commercial principles where equity has no role to play.(2) Where lease deed was to be compulsorily registe....
(1) High Court has erred in observing that rate of Rs. 5900/- per sq. meter mentioned in lease deed shall be conclusive and final and binding between parties.(2) Order by way of interim measure canno....
The court must ensure the best price in property sales during execution while balancing the need for timely resolution of awards.
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
The central legal point established in the judgment is that a party seeking equitable relief must come with clean hands and abide by the terms and conditions of the lease, particularly regarding the ....
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