Criminal Procedure Code, 1973, Section 145, 146 -- Order releasing attached property - Dispute as to ownership and title of property - Both the sides had produced evidence regarding ownership and title of land in question - Proceedings were initiated in 1995 u/s 145 Cr.P.C. and they continued for 10 years - SDM exceeded his jurisdiction in releasing the attached property -..........
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 13 -- Preventive detention - Maximum period of detention is 12 months - However, if order of preventive detention is sustainable, detenu will continue in custody without opportunity to move for bail...........
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 2, 3 -- Preventive detention - Order of preventive detention though based on subjective satisfaction of detaining authority, is nonetheless a serious matter affecting life and liberty of citizen u/arts.14, 19, 21, 22..........
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 2, 3 -- Preventive detention - Offence u/ss 420, 120-B, 34 IPC and Ss.19, 21 of Seeds Act - To classify a detenu as a goonda affecting public order because of inadequate yield from the chilli seed sold by him and..........
Suits Valuation Act, 1887 -- Suit for possession based on title - It is not necessary for plaintiff to prove his dispossession for seeking relief of possession - Plaintiff on the basis of his title can recover back possession of suit land - It is for defendant to show that he is in adverse possession of suit land for 12 years before filing of suit - Moreover suit for..........
Suits Valuation Act, 1887 -- Revenue record showing plaintiff to be owner and in possession of the suit land - Presumption of truth attached to the revenue record if not rebutted by defendant, it can safely be held that it is plaintiff who is owner in possession of suit land...........
Possession -- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit land is owned by plaintiff and part of same was in possession of..........
Land Acquisition Act, 1894, Section 11A -- Award - Limitation - Stay on acquisition proceedings and dispossession - Dismissal in default - Whenever a petition is dismissed in default and stay is vacated, restoration of petition does not result in restoration of stay order - Nothing is on record to infer that while restoring the writ petition, Court intended to continue..........
Constitution of India, 1950, Article 226, Manipur Land Revenue and Land Reforms Act, 1960, Section 93 -- Writ petition - Maintainability - As per S.93 of the Act, there must be existence of an order against which an appeal can be preferred - As such there is no order issued by any of the officers against which appeal can be preferred and moreover, State Government has..........
Manipur Land Revenue and Land Reforms Act, 1960, Section 32, Manipur Land Revenue and Land Reforms (Allotment of Land) Rules, 1962, Rule 11(1) -- Determination of premium - Validity - Premium of the land allotted for agricultural purpose to be fixed as per R.11(1) of the Rules - There was no, issuance of the order by the State Government declaring the allotment of land to..........
