Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Sale deeds executed on the basis of power of attorney - Dispute is regarding rendering of accounts to each other - Once the power of attorney for sale of land is given and attorney executed certain sale deeds then it is debatable whether petitioner can be..........
Agreement to sell -- Specific performance - Suit filed for mandatory injunction directing defendants to execute and register sale deed of the suit land - After six years of execution of agreement to sell plaint got amended seeking relief of specific performance - By then, suit to claim specific performance of the agreement had become hopelessly barred - Held, relief of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claimed to have purchased suit land - No registered document available - Only receipt of payment and deed of conveyance written on a plain paper which was not registered - Title also claimed on basis of adverse possession - No substantial document to prove title..........
Constitution of India, 1950, Article 14, 226 -- Equitable consideration - Claim for - Availability - Resort constructed in coastal zone in violation of C.R.Z. requirement or conditions of land use diversion - Cannot claim equity - Permission to run resort without deciding alleged violations cannot be granted by interim order...........
Land Acquisition Act, 1894, Section 18,9,6 -- Compulsory Acquisition of land - Determination of market value - Rule of annual increase for grant of higher compensation - Market value as per sale deed was Rs.1.40 lakhs per acre - Said sale deed was two and a half years prior to present acquisition - Court has been granting 10% to 15% increase p.a. - Hence, in the instant..........
Land Acquisition Act, 1894, Section 28,4 -- Compulsory acquisition of land - Determination of market value - Plea that interest on solatium and additional market value was not granted - Held, interest awardable u/s 28 of the Act would include within its ambit both market value and statutory solatium - Person entitled to compensation awarded is also entitled to get..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Plaintiffs/respondents and defendant No.1/petitioner are sons and grand-sons of `B' - In jamabandi they are depicted to be joint owners as well as in joint possession of suit land including khasra No. in which disputed tube-well and electric connection in question stand..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B -- Ejectment - Shamlat land - Panchayat Property - Land in dispute initially leased out to petitioner for five years - Petitioner did not vacate land after expiry of lease - Civil Court passed decree in his favour and against defendant from dispossessing him from land otherwise than in due course of law -..........
Land Acquisition Act, 1894, Section 11A -- Award to be made within a period of two years - Notification u/s 6 of the Act was made before introduction of the provision and award was made after coming into force of the provision - Period of two years commences from the date when provision came into force - In computing the period of two years, the period during which the..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Restraining defendant from alienating the suit property - Suit filed more than six years after the expiry of the target date stipulated for sale deed - Temporary injunction not granted in the interest of justice - However, direction issued that in the event of..........
