Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband earning not less than 12 lacs p.a and he has to maintain himself only, as his mother already own 50 acres of land in the same village - Husband can manage with half of the amount and half of the amount could be given to wife - Rs.50,000/- p.m. allowed as maintenance pendente lite and husband also..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(b)(c) -- Rejection of plaint - Failure to pay ad valorem Court fee - Suit for declaration and claim of joint possession of suit property - Plaintiffs only seek declaration of their share with claim of joint possession of suit land to the extent of their share - Neither plaintiffs sought..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second appeal - Plaintiff has already..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Comparable sale - Informed buyer - An informed buyer is one who has knowledge of topology of area, land available for sale and such other factors showing that buyer was an informed buyer - Land purchased by a person who was not an informed buyer - Said transaction cannot be said to..........
Land Acquisition Act, 1894, Section 23, 18 -- Land acquisition - Compensation - Market value - Comparable sale - No sale deed of area in question which can provide an exemplar for fixing market value of land, produced by appellants - Court can indulge in some reasonable guesswork to balance equity for fixing just and fair market value - Government notifications issuing..........
Assam Land and Revenue Regulations, 1886, Section 3, 4, 63, 69, 70, 72, 74, Assam Land and Revenue Regulations, 1886, Rule 133, 134, 135, 136, 136A, 141, 154, 155, Constitution of India, 1950, Article 226, 227, 300A -- Auction sale - Non-service of notice - Well reasoned finding of fact recorded by Board - Non-service of notice of sale of land was binding on writ court,..........
Assam Land and Revenue Regulations, 1886, Section 72, 74, Assam Land and Revenue Regulations, 1886, Rule 133, 134 -- Notice of Sale - Mandatory on part of State to serve proper notice to person, who is liable to pay any kind of State's dues and mandatory to give prior notice to defaulter for recovery of dues before his properties put to sale...........
Assam Land and Revenue Regulations, 1886, Section 72, 74, Assam Land and Revenue Regulations, 1886, Rule 133, 134 -- Notice of Sale - Distinction between Non-service of notice and Notice though served but with some kind of procedural irregularities in serving - In former cases, all consequential action, if taken would be rendered bad in law once fact of non-service is..........
Assam Land and Revenue Regulations, 1886, Section 69, 70 -- Sale of Land - It was necessary for State to have justified their action by showing that sincere attempt was made to first sell moveable as per procedure prescribed in S.69 and when it was noticed that it was not possible to recover arrears by sale of all attached moveable's, extreme step of recovery of arrears by..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 4, 6, 11 -- Acquisition of land - Non-payment of compensation - Award made 5 years prior to the date of commencement of 2013 Act - Neither physical possession of the land taken nor compensation paid to appellant -..........