Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Compromise decree - JD directed to execute the sale deeds in favour of DH in view of compromise decree - Admissions made by JD would prove that lands in question is available and same were not registered in favour of DH - JD had not filed any documents to show that part of land was sold to third..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(2) -- Summoning of Tehsildar - Partition suit - Tehsildar cannot be summoned to Court to lead evidence merely on the ground to find out the discrepancy that seems to be in the areas of land purchased by parties in the agreement of sale and the area that was got mutated in the name of parties in the revenue records -..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that all appellants had beaten deceased with axes and sticks, after sprinkling chilli powder in the eyes of deceased - However, during postmortem examination, only four injuries were found, and Doctor did not find any chilli powder on the body or in the eyes of deceased - Scene of offence panchanama also does not..........
Land Acquisition Act, 1894, Section 48 -- De-acquisition of land - Power of withdrawal from an acquisition u/s 48 of the Act can be exercised by Government only in respect of an acquisition where possession of land has not been taken - Therefore, it was not open even to Government to withdraw from acquisition of subject land after possession was taken over...........
Land Acquisition Act, 1894, Section 6 -- Acquisition of land - When State acquires land for a public purpose, such an exercise cannot be set at naught by beneficiary of such acquisition by entering into a private agreement shortly after acquisition so as to reverse the usage of power of eminent domain by State...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination - Lease of building includes land on which building stands or even if building is destroyed or demolished - Lease is not extinguished as long as land beneath it continues to exist - Even, doctrine of frustration also cannot be invoked on destruction or demolition of a building under lease...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that power of attorney and sale deed is null and void - Plaintiffs failed to exhibit so-called Power of Attorney, which was allegedly executed by plaintiff No.1 in favour of her husband/deceased - Plaintiffs also failed to prove that said Power of Attorney was forged one and on account of forged Power of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff seeking temporary injunction restraining defendants from interfering in his possession - By way of counter claim defendant seeking temporary injunction restraining plaintiff from creating any obstruction in their peaceful possession - Defendants in support of their counter claim has..........
Indian Penal Code, 1860, Section 427, 447, 323, 341, 504, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 427, 447, 323, 341, 504 IPC - Quashing of FIR - Property dispute between parties - Allegation that accused entered into land in question and demolished fencies etc. and made attack on complainant by fist and kicks - Whether allegations against..........
