Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Land Revenue Act, 1887, Section 158 -- Rejection of plaint - Dismissal of application - Suit for declaration of title - Jurisdiction of civil Court - Title can only be decided by a Civil Court - Trial Court justified in concluding that jurisdiction of civil Court was not barred - Moreover, plea of limitation would be a..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife received the summons of divorce proceedings and also filed reply under her own thumb impressions - She consciously signed agreement for divorce by mutual consent whereafter notices of divorce were served upon wife - Wife cannot now be permitted to change her stance..........
Partition -- Properties which had been given as dowry or otherwise at the time of marriage of daughter claiming a right of partition u/s 6 of Hindu Succession Act, would be amenable for partition and same would have to be included in a suit for partition...........
Partition -- Beneficiary of S.6 of Hindu Succession Act cannot claim a benefit by way of partition as regard to joint Family properties without reference to properties already received by her at the time of marriage as dowry/gift or otherwise...........
Criminal Procedure Code, 1973, Section 173(2)(i) -- Cancellation report - Notice to Legal heirs of deceased complainant - Respondents are neither first informants nor injured witnesses - Land in question was in ownership of petitioner's side - Legal Heirs of complainant thus, have a limited role in opposing cancellation report - More so, when they choose not to appear..........
Maharashtra Regional and Town Planning Act, 1966, Section 126, 127, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 19 -- Development Plan - Designating private land for particular public purpose - Planning Authority duty bound to make survey and come to specific opinion that land which is kept under..........
Maharashtra Regional and Town Planning Act, 1966, Section 126, 127, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 19 -- Acquisition of land - Compensation - Directions issued to Corporation to acquire land and to pay compensation to original land owners - Land in question is flood affected land and gets..........
Maharashtra Regional and Town Planning Act, 1966, Section 126, 127, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 19 -- Acquisition of land - No declaration - Lapse of proceedings - No declaration issued u/s.6 within period of one year from receipt of purchase notice - It would result in reservation as..........
Maharashtra Regional and Town Planning Act, 1966, Section 126, 127, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 19 -- Acquisition of land - Payment of compensation - Lapse of proceedings - Writ of Mandamus - Mere passing of Resolution or making budgetary provision for payment of compensation cannot be..........
Maharashtra Regional and Town Planning Act, 1966, Section 126, 127, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 19 -- Acquisition of land - Compensation - Grant of TDR - Claim for transferable Development Rights (TDR) in lieu of compensation to be paid for reserved land which reservation is deemed to..........