Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction against dispossession - Plaintiff being real owner is seeking injunction against his dispossession without prima facie showing that he is in possession of portion of suit land - Proper course for plaintiff is to file a suit for possession or mandatory injunction against defendants who are..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Commercial Courts Act, 2016, Section 2(1)(c) -- Commercial dispute - Merely because parties, who have entered into an agreement to sell, relating to immovable property are businessmen by profession or that they intend to use land, which is subject matter of agreement to sell for commercial purpose in future, does not make a dispute arising between parties as a commercial..........
Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - Prosecution able to prove that while PW1/injured was coming from land holding beam, petitioner obstructed him and assaulted him by means of a thenga causing bleeding injury on his head and chest - Commission of offence in question proved - Conviction upheld...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Pleader Commissioner - Dispute lies regarding use and utility of suit land either for cultivation purposes or having a school over the same - Petitioner denied claiming that there is no school building - Appointment of Commissioner is the right way to deal with the situation - For deciding an application for..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Suit land was sold to defendant and same was converted into residential land - Patta was issued to various persons - Plaintiff had not sought relief of declaration as a Khatedar rights - Without getting declared khatedar rights, plaintiff had no right to file suit - Suit..........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 10 -- Land grabbing - Burden of proof - Initial burden prima facie to prove ownership of land is on person who asserts it by way of an application alleging an act of land grabbing - On prima facie proof being offered onus will shift to land grabber, since there is a presumption arising if ownership of subject..........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 3, 4 -- Land grabbing - Applicant proved her possession by virtue of title deed and also took out a Commission which identified property in possession of appellant - Special Court also spoke of suits filed by appellant, one of which, seeking injunction against applicant was rejected and other seeking injunction..........
Transfer of Property Act, 1882, Section 54 -- Sale or allotment - Nature of transaction - Alienation of land by Government on three conditions i.e land should be utilized only for purpose for which it is allotted, construction work should be completed within 2 years from the date of handing over possession of land and trees should be planted in open place and in case of..........
