Family settlement -- Oral partition and thereafter putting it into writing for the purpose of information - Does not require to be compulsorily registered and stamp duty is not required to be compulsorily paid in respect of the same...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment application filed without assigning any reason as to why plaintiffs could not have raised the matter before commencement of trial - Moreover, fact regarding possession of defendants over suit land was pleaded by defendants from very beginning of..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Land owners having the benefit of interim orders of stay of acquisition proceedings granted in their favour in proceedings initiated by them against acquisition, cannot take benefit u/s 24(2) of the Act...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Consent award ought not to have been relied upon and/or considered for purpose of determining compensation in case of another acquisition, particularly when there are other evidences on record...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Notification for acquisition of land issued in 2008 - High Court determined the compensation solely relying upon consent award in respect of land acquired in the year 2011 which was acquired for a different purpose - Order of High Court set aside - Matter remanded back to High Court for fresh..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections by a stranger - Decree for declaration of title - Land of petitioner is different from land against whom decree has been passed in the suit - Prayer to declare right, title and interest over suit land concerning title suit does not arise, as execution of decree concerning title suit..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC would operate only against individual plaintiff and not against his successor in title, as they would have continuous cause of action - Subsequent suit held, not barred..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC will not apply to suit for partition, as cause of action in such a suit would be recurring one...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
