Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendant from interfering in exclusive possession of plaintiff over suit land or from raising construction - Plaintiff himself admitted that defendant had laid foundation of shop in question prior to institution of suit with his consent - Defendant on the other hand also..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Wills in question were validly executed and not proved to be forged and fabricated - Long silence of plaintiff from the date of mutation of Wills till 2007 established that he knew about the existence of Wills executed by his father whereby he divided one acres of land to his two sons who..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants and their agents, successors, representatives from using alleged Wills - Wills in question were validly executed in favour of defendants by father of plaintiff - Mutation already granted in the name of beneficiaries and plaintiff failed to challenge the same within the period of..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - As per petitioner, permission granted for change of land use by State Government for setting up industry - However, it is specifically stated in memo granting change of land use permission, that permission does not provide any immunity from any other Act/Rules/Regulations applicable to land in question -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor children - Admittedly, husband inherited 48 bighas of agricultural land after death of his mother - However, he transferred same in favour of his sister during pendency of litigation to avoid his liability to maintain his wife and children - Husband getting income from his land apart from his..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from disturbing possession of plaintiffs - Relief in part granted as Revenue Authority granted mutation of part of land - No reasons given by Revenue Authority for not granting mutation of remaining property - Bonafide purchase of entire property by plaintiff - Decree of permanent..........
Educational institution -- Vesting of land - Once the ownership of land in question is vested in favour of educational institution by payment of land, it cannot be granted in favour of any other person or institution...........
Suit for possession -- Plaintiff and defendant both claiming to be tenants and paying rent - Rent receipts show that plaintiff was allotted land in khasra No.270 whereas defendant was allotted land in khasra No.267 - Concurrent finding of courts below that defendant is in possession and allotted different land in khasra No.267 and he has no right to claim the suit property..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation for pomegranate trees planted in acquired land - High Court fixed the compensation of per tree @ Rs.2000 by reducing it from Rs.4000 per tree as awarded by Reference Court by placing reliance on its earlier judgment - Said judgment relates to Notification of year 1977 - However, present..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Compensation not paid to owners - Petitioners/owners thus, entitled to have declaration u/s 24(2) of the Act - Acquisition proceedings held, lapsed - However, one year liberty is granted u/s 24(2) of the..........
