Specific Relief Act, 1963, Section 38, 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Suit for permanent injunction - Issue regarding title not framed - On the basis of pleadings of defendant in his written statement issue was framed that as to whether plaintiff is owner in possession of suit land - No challenge was made to the validity of sale deed in favour of..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 409, 468, 477A, 120B, Prevention of Corruption Act, 1988, Section 1391)(d), 13(2) -- Land acquired for establishing University - Accused filled earth in a most perfunctory and irregularly manner and he obtained a pecuniary advantage of Rs.59.51 lacs - Petitioner discharged as : (a) Allegation..........
A P Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Gundas, Immoral Traffic Offenders and Land Grabbers Act, 1986, Section 2(b),3(1) -- Validity of detention order - Allegations that detenue found in possession of contraband containing elements which were injurious to public health and unfit for human consumption - Crude and unscientific..........
A P Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Gundas, Immoral Traffic Offenders and Land Grabbers Act, 1986, Section 3,13 -- Validity of detention period - Contention that detention period cannot exceed 12 months in aggregate - Contention repelled - Held, it is discretion of government to fix detention period...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7,11 -- Petitioners in occupation of shamlat deh land - Ejectment application filed by Gram Panchayat u/s 7 of the Act on ground of unauthorised occupation - Ejectment order passed - Challenged through writ petition - Property was evacuee property and was assigned by Govt. by way of Sanad under Displaced Persons..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4) -- Eviction petition on ground of unauthorised possession of Shamlat Deh which vests in panchayat - Land recorded as gair mumkin johar (pond) in jamabandi - Held, land falls within definition of Shamlat Deh u/s 2(g)(4) of Act - Hence, petitioner not entitled to retain land even if he has raised his house..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Eviction of petitioner ordered from forest land - Petitioner denied that ownership of land vested in forest department - However, Govt. on the basis of notification dated 29.10.1980, declared the area as forest land, demarcated by boundary pillars whether under tree grown or not, and..........
Foreigners Act, 1946, Section 13(2), 1 -- Shelter to foreigners - Accused gave shelter to Pakistan citizen - Person taking shelter claimed that he was an Indian Citizen - Witness as well as documentary evidence consisting of Card issued by Relief Department, ration Card, issued by gram sevak and revenue documents of agriculture land issued by Asstt. Settlement Officer..........
Maharashtra Regional and Town Planning Act, 1966, Section 158 -- Appendix 7, Cl.6 - Claim for additional transferable development rights (TDR) - Land acquired and used for construction by asphalting it, thus providing for parking lot - It being amenity landowner is entitled to grant of 100% TDR as against development of courtyard...........
