Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Imposition of conditions - Validity - Magistrate while granting bail directed that sureties of petitioner shall be Keralites and they shall produce their title deeds - Said condition is illegal and thus, set aside, as Court cannot make a distinction between Keralites and people of other States - However,..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the..........
Criminal Procedure Code, 1973, Section 311 -- Production of documents - Three sale deeds and documents of competency to execute these documents i.e. General Power of Attorney and Special Power of Attorney sought to be produced - Trial Court committed error in not appreciating interlinking between these documents - Even though Civil Court has passed a decree in favour of..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of document - Maintainability - Suit for partition and separate possession - Defendants alleged that plaintiffs are in possession of original deeds but failed to file any material to the same - Fact that the suit property is ancestral and plaintiffs clearly stated that they are not in possession of said documents -..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Registration Act, 1908, Section 17, 49 -- U, registered sale deeds - Can be received in evidence to prove possession of property, but it cannot be received for the purpose of proving right or title over suit property...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Determination of compensation - Reference Court as well as High Court not considered sale deeds produced on behalf of State for determining compensation - Lands in all the sale deeds are in close proximity and adjoining to land acquired - No reason assigned by High Court as to why sale statistics not referred -..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of documents - Suit for declaration, confirmation of possession and for permanent prohibitory injunction - Defendants not even raise a little finger when sale deeds in favour of plaintiffs and prior owners being exhibited - No objection was raised by defendants while certified copies of sale deeds were being..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale instance - Acquired land not situated very near to urban area, though same has all basic amenities and a medical college is at a distance of 3-4 kms from acquired land - Various sale deeds produced by appellants - After having regard to circumstances of case and perusal of sale..........
West Bengal Land Reforms and Tenancy Tribunal Act, 1997, Section 9, 11 -- West Bengal Land Reforms Act, 1955 - Preamble - Tenancy and Land Laws - Objective of Act of 1955 - Vesting of appellant`s land in State Government - Government then by executing deeds transferred said land to 2 tenants - Writ petition and transferred proceedings before Land Tribunal challenging such..........
