Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Rape - Victim is the only eye-witness to the alleged occurrence and she has supported the prosecution case - However, there is no medico legal examination report of victim on record - More so, when the victim was examined by doctors,..........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - In determining compensation for acquired land, Court must consider the `market value' of the land as on the date of publication of the notification u/s 4 of the Act...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Sale exemplars of lands situated in an adjacent village cannot be used to determine the market value of acquired land since such lands may differ in terms of quality and other attributes...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Post-notification sales can only be considered when better evidence is not available on record and when the party relying on it can convincingly demonstrate that there has been no upward trend in market prices due to the acquisition...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - There is no bar in law against considering sale exemplars of smaller plots, provided they are subjected to adequate developmental charges...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Enhancement of compensation - Sale exemplars - There are multiple sale deeds of smaller plots, and these represent the best available evidence for estimating compensation - Highest sale exemplar which are close proximity to acquired land should be relied upon rather than solely depending upon an average of..........
Adverse possession -- DW1 himself stated that original defendants applied for getting occupancy right over suit property by filing an application and also filed application before Tehsildar that they have taken land on lease from plaintiff under his ownership - Though said application was rejected, however, said evidence on record show that possession of defendant over..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to two daughters - Daughters are residing along with their mother and they have not provided any records demonstrating that father is paying maintenance amount to them - Petitioner being a father is legally bound to maintain the daughters and provide an excellent education to his daughters - Father is running a..........
