Gujarat Agricultural Lands Ceiling Act, 1960, Section 6(3B) -- In order to claim benefit of S.6(3B) of the Act, test which must be satisfied is a two fold test:- (i) whether claimant's family consists of more than five persons; (ii) test that is required to be answered in favour of the person who claims the benefit of S.6(3B) of the Act is that such family must also..........
Land Acquisition Act, 1894, Section 17 -- Acquisition of land - Invocation of urgency clause - Land acquired for public purpose of freight complex under planned development - There was thus, urgency and project was such that it could not have brooked any delay - Invocation of S.17 of the Act, held, proper...........
Land Acquisition Act, 1894, Section 48 -- De-notification of land - Committee not recommended de-notification u/s 48 of the Act, as land was acquired by DDA for relocation of Chemical Godowns and Development of freight complex under planned development - Moreover, matter was placed before Lt. Governor who after due consideration of facts rejected prayer for de-notification..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Local Commissioner did not take measurements by taking permanent point of one stone to other stone for purpose of determination of encroachment - It was just an eye wash to conduct demarcation in compliance of order of Court - Nothing prevented plaintiff to summon Kanungo for proving contents..........
Contempt of Courts Act, 1971, Section 2(b), 12 -- Civil contempt - Disobedience of order of Supreme Court - Quantum of punishment - No apology given by contemnor except stating that if in case her actions violates order of this Court, she is willing to tender an unconditional apology - This is no apology in eyes of law - There is no redeeming factor except the fact that..........
Land Acquisition Act, 1894, Section 4, 6, 23 -- Acquisition of land - Act does not provide for grant of alternative plots to landowners...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Claim of allotment of developed abadi plot by landowners to the extent of 10% of their acquired land in terms of Gajraj and Savitri Devi's Case - Appellants/landowners have neither any legal right nor any factual foundation to claim relief of allotment of additional developed abadi plot - It is..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by branding him to be licensee - Suit is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that claim for part of land has not been raised before trial Court is not maintainable before High Court - Plea held, not tenable as plaintiff claimed declaration qua their rights in suit land to the extent of 1/12th share by challenging sale deed - Courts were under..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that even if plaintiffs are left with any share in suit land, they can file application for partition and seek determination of their share in those proceedings - Plea held, misconceived as if claim of plaintiffs that they are owners of suit land or a part is rejected by..........
