Will -- Will or settlement - Language employed in deed 'from this day onwards I and you shall enjoy the land and house without creating any encumbrance or making any alienation whatsoever' - Held, this is an unequivocal creation of right in prasenti - Though the beneficiaries were to become absolute owners of their respective shares after the death of the settlor, the..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7 -- Ejectment - Shop taken on lease - Unauthorized possession after expiry of lease period - Eviction petition and recovery of arrears of rent - Allowed by Collector - Appeal dismissed - Grouse of petitioner that he never used the shop as it required immense repairs by the Corporation -..........
Motive -- Land dispute - Accused persons in possession - Complainant side won the case in SDM Court but lost before Commissioner - Prior to the incident there was never an incident of quarrel between the parties - Therefore accused had no grudge as they were winning party and were in possession - Held, accused had no motive to commit the offence - Rather the complainant..........
Indian Penal Code, 1860, Section 307, 324 -- Attempt to murder or voluntarily causing hurt - Appellants and co-accused allegedly assaulted informant and others - Injury report not proved as no doctor examined - No evidence that injuries were caused by appellants on vital parts of the body - Even investigating officer was not examined - Accused persons also filed a case..........
Requisitioning and Acquisition of Immovable Property Act, 1952, Section 7, 8 -- Acquisition of land - Arbitral Tribunal awarded compensation in favour of landlord with 20% solatium and interest @ 9% with a direction to the authorities to pay compensation so assessed within 3 months - Award upheld by High Court with direction to pay the payment within 3 months and in..........
Punjab Regional and Town Planning and Development Act, 1995, Section 79, 81, Evidence Act, 1872, Section 115, Constitution of India, 1950, Article 299 -- Promissory estoppel and Doctrine of legitimate expectation - Govt. acquired land for development of Industry and handed over to Industrial Corporation for development - Some area earmarked by Corporation for residential..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 -- Occupancy tenant - Rights of ownership acquired by father by virtue of Act - It will be self acquired property - Land acquired by him through pre-emption decree - It will also be self acquired property...........
Punjab Land Reforms Act, 1972, Section 21 -- Surplus area - Declared by Collector Agrarian - Not challenged before Commissioner, Financial Commissioner or writ court and it attained finality - Held, in face of S.21 of the Act, this Court cannot transcend into revenue record to determine whether land actually could have been declared surplus or not - It was for affected..........
Land Acquisition Act, 1894, Section 23, 18, 6, 4 -- Land acquisition - Compensation - Collector or Circle rate - Market value of a plot cannot be determined solely on the basis of the circle rates - However, it cannot be ignored in toto - If other materials are available, Government rates can also be considered as corroborative evidence - Nature of land plays an important..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Matters to be considered - Nature of the land, its suitability, nature of the use to which the lands are sought to be acquired on the date of notification, income derived or derivable from or any other special distinctive feature which the land is possessed of, the sale transactions in respect..........
