Agreement to sell -- Specific performance - Plaintiff company entering into an agreement through some land brokers without any valid resolution, as normally required - It is one of the factors which cannot be ignored altogether...........
Agreement to sell -- Specific performance - Plaintiffs entered into agreement only through some land brokers - PW1 himself admitted that he never met the defendants at any point of time - Alleged vendor died within a few days of agreement - Non-furnishing of a copy of agreement to defendants immediately is also one of the factors which cannot be ignored altogether - Even..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 7 -- Eviction petition - Recovery of damages on account of unauthorised use and occupation of land - Private respondents are in occupation of public premises before coming into force of Act - Therefore, proceedings could not have been initiated against them under the Act for purpose of their..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Land Grabbing proceedings - Matter in issue in pending Land Grabbing Case and previous decided suits is not merely identical but very same - Other ingredients of principle of res judicata are also fulfilled - More so, once identity and title of property is finally adjudicated in previous suits, it operates as res..........
Karnataka Land Revenue Act, 1964, Section 67 -- Acquisition of `Beaulieu' estate by State - Jurisdiction u/s.67 of the Act - Issuance of notice - Evidence on record shows that land was bought for the benefit of First Princess from her personal funds - State claiming said sale to be a fraudulent transfer almost after 100 years - Dispute of title between State and individual..........
Criminal Procedure Code, 1973, Section 145 -- Proceeding u/s 145 Cr.P.C. - When revenue suit pertaining to land is pending before Revenue Court, proceedings cannot be continued u/s 145 Cr.P.C. - Even otherwise, petitioner is not in possession of property in dispute - Application rightly dismissed...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 -- Objective - Act was incorporated to provide for setting out practical regime of right to information for citizens to secure access to information under control of public authorities in order to promote transparency and accountability in working of every public..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 -- Object - To harmonize conflicting public interests i.e. ensuring transparency to bring in accountability and containing corruption - Ensure revelation of information which does not harm or adversely affect other public interests which include efficient functioning..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 -- Misuse - Right to information can be misused by party to harass other persons without any public interest involved as there is no provision in the Act which require person to specify reason and object of seeking particular information...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Unauthorised construction - Not proved with description on the land where it stood - Mandatory injunction, rightly, declined...........
