Contempt of Courts Act, 1971, Section 2(b), 11 -- Civil contempt - Willful disobedience - Contemnors/lessees agreed and undertook to hand over vacant possession of suit land on stipulated time - Petitioner already granted 2 years time from date of Memorandum of Compromise to lessee - Instead of honoring the undertaking given to Court, lessees produced subsequent notice..........
Partition -- Joint family property - Plea of self acquired property of father of defendants Nos.1, 2 - Property in question though granted to father of defendants, but it was held by joint family and was being cultivated by DW1 - DW1 stated that all the lands were held jointly - Gift of property in favour of grandson/DW4 thus, not valid, particularly, when documentary and..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs specifically stated that they gave amount to defendant for taking distributorship - Defendant having failed to return said amount executed one written agreement admitting amount given by plaintiffs and also agreed to sell suit land to plaintiffs - Defendants did not appear before Court below..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3 -- Parole - Grant of - Agricultural purpose - Merely because his mother is there to look after the land would be no reason to decline such a prayer to petitioner - Indeed State should be very much within its rights to consider the issue of security and threat to public peace to decline prayer but denial..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Previous award in respect of village `J' was relied upon by High Court in reducing compensation - No application was moved U.O.41.R.27 CPC for taking on record the said previous award - It is thus, necessary to move an application for additional evidence and opportunity of rebuttal has to be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement of - Land acquired in the year 1992 - However, Collector granted compensation relying upon exemplar of 1988 - High Court taking note of fact that exemplar of 1988 was relied upon by Collector, granted 10% annual increase on exemplar - Appellants aggrieved by order of High Court, as..........
Wakf Act, 1995, Section 56, Wakf Act, 1954, Section 36F -- Acquisition of land of Wakf Board - Restriction on powers to grant lease of Wakf property - Admittedly, there was no sanction of the Board - Thus, arrangement entered into in 1968-1969 exceeding three years will not confer any right, title or interest upon lessee - Even, if sanction is granted by Board it will not..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Restraining defendant from dispossessing plaintiff from suit land - Plaintiff`s predecessor-i, title granted patta in relation to suit land on payment thus, prima facie case is in favour of plaintiff - Since possession of suit property is with plaintiff other two ingredients for grant of permanent..........
Injunction -- Discretionary and equitable relief of injunction - Should not be granted to a trespasser with respect to public land...........
Punjab Town Improvement Trust Act, 1922, Section 36, Constitution of India, 1950, Article 133, 136 -- Acquisition of land - Compensation - Determination - In the instant case, as per sale deed on record compensation granted @ Rs.1000/- per square yard - Hence, compensation determined will also carry statutory benefits...........
