Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Development charges - Deduction - Large tracts of land acquired but sale instances of small pieces of land - Land pertaining to sale deeds highly developed and better located with better connectivity - Deduction of 65% of land value just and appropriate - Compensation awarded by High..........
Land Acquisition Act, 1894, Section 2392), 23(1A) -- Land acquisition - Compensation - Additional compensation - High Court order pronounced prior to judgment in Sunder Vs UOI - Appeal was pending before Supreme Court - Ratio of said decision entitled appellants to receive benefits u/s 23(2) and 23(1A) which can be claimed only from the date of judgment in such case...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for injunction - Decree is a decree in personam and it does not run with the land - However, decree for perpetual injunction can be executed U.O.21.R.32 CPC by attachment of property of J.D. or by detention in civil prison or by both...........
Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, Section 3(5), 3(6) -- Possession of land by State which came to vest in it by virtue of Act of 1974 - Collector is required to give notice to the landowners to deliver possession of the land - Payment of compensation is not a condition precedent to the taking over possession of the land vested in the..........
Constitution of India, 1950, Article 300A -- Rehabilitation of owners whose land is acquired - Rehabilitation is not an essential requirement of law for any compulsory acquisition nor can acquisition made for a public purpose and in accordance with the procedure established by law upon payment of compensation that is fair and reasonable be assailed on the ground that any..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Accused allegedly committed murder of his brother - Relations between accused and deceased were strained on account of land dispute - Wife and mother of deceased cited as eye witnesses - Mother appeared as witness in defence instead of prosecution witness - No independent witness joined -..........
Land Acquisition Act, 1894, Section 4(1) -- Land acquisition - Reference Court enhanced compensation - On appeal, High Court enhanced market value for irrigated lands and determined the same at the rate of Rs.75, 600 per acre and in respect of dry lands determined market value at the rate of Rs.38, 000 per acre - Appellants mainly relied on the sale deed indicating that..........
Consumer Protection Act, 1986, Section 12, 2(g) -- Deficiency of service - Allotment of land to co-operative societies for construction of flats for allotment of same to its members - Some members sought refund of earnest money - Refund allowed after deducting 10 percent from earnest money - Aggrieved members approached the Consumer Forum - Question arose whether complaint..........
Consumer Protection Act, 1986, Section 12, 2(d)(ii) -- Chandigarh administration allotted land to co-operative societies for constructing flats to be allotted to the members - No direct contact between Chandigarh administration and members of the societies - Whether members are covered by the definition of `consumer' under Section 2(d)(ii) of the Act - Held, yes - Members..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c), 6, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302 -- Parole - Petitioner was convicted and sentenced to undergo life imprisonment u/s 302 IPC - Petition for grant of agricultural parole for six weeks u/s 3(1)(c) - Commissioner held that convict may commit any..........
