Wakf Act, 1954, Section 3(1), Land Acquisition Act, 1894, Section 4, 5A -- Landowner creating charitable society dedicating land to society for running school and colleges - Acquisition of land by government for public purpose - Held, in the absence of evidence that owner had created a Wakf, society cannot claim that it was Wakf property and thus exemption from acquisition..........
Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 3(1) -- Detention order - Detenue allegedly involved himself in activities of possessing, transporting, selling and distributing illicit distilled liquor - No material on record to indicate and suggest that..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Second suit for declaration of title and injunction - Difference in area of land - Held, principle of res judicata has to be applied on the basis of issues decided between parties by proper adjudication by a competent Court - Difference in area of land is not material as the issues in instant case was directly and..........
Assam Land and Revenue Regulations, 1886, Section 154 -- Suit for recovery of possession and permanent injunction - Jurisdiction of civil Court - Held, demarcation of boundary through revenue authority and prayer for declaration of right, title and possession over a land are two distinct and different matters - Merely because plaintiff/petitioner was party to demarcation,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Interference with - Trial Court thoroughly considered the facts and evidences and arrived at the conclusion that plaintiffs have got right, title and possession over suit land - Lower appellate Court after elaborate discussion and consideration of evidences and materials on record..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Cooperative Society - Housing Society - Membership for allotment of a flat - OP No. 2 was Secretary, OP No. 3 Vice President and OP No.4 the President of Society - They all floated a Society and inducted unsuspecting persons from the public to become the members of the Society on the pretext that they would..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Unexplained delay of 16 years to challenge the acquisition of land despite awareness of acquisition of land - Respondents even participated in the proceedings before the Land Acquisition Collector - High Court should have dismissed the writ petition at the threshold on the ground of delay and laches on the part..........
Punjab State Legislature (Prevention of Disqualifications) Act, 1952, Section 2(a), Punjab State Election Commission Act, 1994, Section 11(g), Punjab Panchayati Raj Act, 1994, Section 208, Punjab Land Revenue (Lambardari) Rules, 1908, Rule 14, 15, 16 -- Circular issued by government debarring lambardar to contest elections as member of Panchayat - Held, office of lambardar..........
Civil Procedure Code, 1908, Section 79, Order 27, Rule 1, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3 -- Punjab Tenancy Act - Plaintiff filed suit that he has acquired occupancy rights under provisions of ,S. 3 - Plaintiff did not array Gram Panchayat as party - Union of India made party and arrayed as owner, but not sued through..........
Land Acquisition Act, 1894, Section 48 -- Land of respondent stood acquired vide notification dt.11.09.1997 - Award was announced by Collector on 05.09.2000 and possession thereof was taken - Amount awarded by Collector was upheld by Reference court, against which R.F.A. was filed in this Court - However during pendency thereof in 2006 land owned by respondent was..........
