Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Defendants sold the land in question to Sehkari Samiti - However, controversy in the suit is decided on the basis of agreement alleged to have been executed by defendants with plaintiff - There is thus, no need to implead Sehkari Samiti as a party defendant..........
Auction sale -- Cancellation of auction - Auction cancelled due to erroneous minimum rate provided in the Notice Inviting Tender (NIT) - Appellants were well within their rights to cancel the auction, as terms and conditions of NIT, empowers appellant to accept or reject any or all bids - Moreover, pursuant to the cancellation of first NIT, a second NIT was issued wherein..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Registration Act, 1908, Section 71 -- Refusal to register document - Registering authority cannot refuse registration, merely on account of an injunction order being passed in relation to subject land, unless the parties to document are also parties to the suit where such an interim injunction had been granted...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Agreement of sale - Entire sale consideration was received by defendant under agreement to sell and plaintiff was permitted to enjoy the scheduled property with absolute rights along with obligation to pay taxes pertaining to land makes it explicit that document in question has all the trappings of sale - Mere..........
Land loser -- Grant of employment - Termination - Appellant given employment as son-in-law of land loser under the prevalent scheme intended for land loser's family member - However, on account of estrangement between appellant and his wife and divorce proceeding initiated by appellant, his father-in-law/land loser made complaints, which led to issuance of charge memo with..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Previous enmity between parties regarding land - Appellants were in possession of land in question - Weapons used in the crime by appellants are axe and sticks which are commonly used by agriculturists - No material on record to show that there is any premeditation - Possibility of offence being..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value - Grant of cumulative increase in the market value of land is not an absolute rule and it is optional...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation for trees and borewell - Reference Court rejected claim for compensation of awala trees as the same were newly planted and were not fruit bearing at the relevant time - Plantation was reported to be of the year which is subsequent to the proposal to acquire land - Court also recorded that no..........
Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
