Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient reason for wife to stay separately from her husband - Wife averred and established that she is totally dependant upon her parents for her daily expenses - Husband owner of two acres of land and he has mentioned his annual income to be Rs.20,000/- - Husband an able bodied person and it cannot be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Case of plaintiff is that defendants are interfering in his possession of suit land - Onus of same is upon plaintiff to lead cogent evidence and prove his case - Said onus cannot be done away with by preferring an application U.O.26.R.9 CPC - Moreover, three opportunities were granted to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To elucidate how much and in what manner defendants have occupied suit land - Suit for permanent prohibitory injunction - Burden of proof was upon plaintiff to establish his case to make sure about his boundary - Plaintiff should have obtained a demarcation from revenue authority to..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit claiming liquidated compensation on account of use and occupation of suit land - Ad valorem Court fee is payable on the amount sought to be recovered from the defendants...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Amount of compensation deposited in Treasury instead of Court does not invalidate acquisition - Even, possession was already taken over - Order holding land acquisition proceedings lapsed set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Courts below found that plaintiffs failed to prove that suit land was given by original owner to their grandfather - Defendants on the other hand produced revenue documents in which defendant no.2 recorded as owner of suit property - Since plaintiffs were not..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Period of 5 years had not lapsed prior to commencement of Act, which could lead to declaration that proceedings stand lapsed - Appellant was prevented by interim orders in a number of writ petitions filed..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement - Once an ex parte decree is set aside parties are relegated to the stage at which they were proceeded exparte and not earlier to that - When the matter before High Court was an order condoning delay and setting aside ex parte decree then observation of High Court..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Demolition of buildings -- Eviction of flat-owners - Interest on amount paid to builders for purchase of flat - Flat owners were in possession of flats since 2009-2013 till 2019 when they were asked to vacate flats for demolition of buildings - Amount of Rs.25 lakhs has been paid as interim compensation by State Government - Flat owners were paid only amount that was..........
