Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Ownership of suit property was already with defendant nos. 3 & 4 who claims to be bonafide purchasers at the time of filing of suit - Limitation to file suit expired - Defendant nos. 3 & 4 being bona fide purchasers cannot be put to loss or made to suffer because of lapses in functioning..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
Agreement to sell -- Specific performance - Settlement before Supreme Court - Concurrent findings of three Courts below in favour of plaintiff is on record - Parties have amicably settled the matter and defendant already received additional amount of Rs.12,50,000/- - Defendants thus, directed to apply for Town improvement Trust for transfer of suit property to plaintiff...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 92 of Urban Improvement Trust Act - Parties settled their dispute amicably - No possibility of accused being convicted in the case pending against him - Once disputes have been settled by mutual compromise, then no useful purpose would be served by keeping criminal proceedings pending -..........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Acquisition of land - Compensation - 25 acres of land acquired in 1993, which was used for Transport Nagar Scheme, essentially an urban requirement - Rate of Rs.5,25,000 per acre awarded in the year 1989 to be base rate to arrive at appropriate compensation for acquisition in 1993 i.e after four years - Appellants..........
Indian Penal Code, 1860, Section 363, 376, 302, 201, 84 -- Kidnapping, rape and murder of two minor girls - Death sentence - Mitigating factor - Post conviction severe mental illness - Accused after committing rape and murder of victims threw body of victim No.2 into well and concealed body of victim No.1 - He has been reeling under bouts of some form of mental..........
Punjab Town Improvement Trust Act, 1922, Section 32, 43 -- Power of development authority - As regards power to alter/change the scheme after its sanction, there is an enabling power with the Improvement Trust u/s 43 of the Act after obtaining the prior approval of the State Government - However, question is whether exercise of such power is bonafide and in public interest..........
Nagpur Improvement Trust Land Disposal Rules, 1983, Rule 5(2) -- Disposal of surplus land - Held, that allotments which were finalized in pursuance of earlier Resolution but allotment of any land which could not take place finally before enforcement of Rules, 1983 has to be in accordance with Rules, 1983...........
Nagpur Improvement Trust Act, 1936, Section 39, Nagpur Improvement Trust Land Disposal Rules, 1983, Rule 5(2) -- Disposal of surplus land - Trust acquired 44.61 acres land of plaintiff - Land proposed to be re-allotted to plaintiff on terms and conditions mentioned therein i.e 1.5 times of amount of compensation - Plaintiff requested for reduction of proportionate value of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Recovery suit - Defendant sought rejection of plaint on the ground that suit is not maintainable against any officer or servant of Trust u/s 97 of Town Improvement Act - However, plaint cannot be rejected merely on the basis of bar contained under said provision of law, as it will be..........
