Constitution of India, 1950, Article 14, Telangana (Agricultural Produce and Livestock) Markets (Amendment) Act, 2015, Section 5(3) -- Reduction of term of Market Committee - Exclusion of Special Market Committees - Constitutional validity of - Both the Committees fall into different categories as their composition, function and purpose are different - Therefore, equality..........
Land Acquisition Act, 1894, Section 23 -- Compensation - Enhancement - Acquisition of agricultural land - Market value - In the instant case, Reference Court is considering price of only one crop but as per evidence on record, four crops are grown at least twice a year - Therefore, determination of compensation by the Reference Court at the rate of Rs.21 per sq.mts. is..........
Will -- Execution - Proof - One of attesting witnesses of Will deposed that Will was not read over and explained to testator before getting his signature on it - Due execution of Will not proved as Will contained entirely different recitals - There was no reason for testator to execute Will giving all his agricultural land to one of his son to the exclusion of other son -..........
Constitution of India, 1950, Article 286, Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1989, Section 24 -- Restriction on imposing of tax on sale or purchase of goods - Market fee on cotton waste - There is no levy of market fee for the goods brought and processed or exported within 30 days - Therefore, demand of market fee u/s 24 of the Act made on the..........
Constitution of India, 1950, Article 286, Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1989, Section 24 -- Levying market fee as per S.24 of the Act cannot be equated with the sales tax under Art.286 of the Constitution...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Original landowners executed power of attorneys in favour of one `S' to facilitate him to get the lands acquired in favour of Society, not for selling their lands other than Society - Sale of lands by power of attorney in favour of appellants during pendency of proceedings is wholly illegal and void ab..........
Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bona fide subsequent purchasers - Appellants not pleaded in their written statement that they acted in good faith taking reasonable care to ascertain that transferor has power to transfer suit land - No reasonable inquiry made by appellants before purchasing suit property - Even otherwise, plea raised by..........
Hyderbad Tenancy and Agricultural Lands Act, 1950, Section 32, 38D, A.P.(TA) Protected Tenants (Transfer of Ownership of Lands) Rules, 1973, Rule 4, 5 -- Rent and eviction - Protected tenant - Termination of tenancy - In absence of valid termination of protected tenancy interest of protect tenant continues to be operative and subsisting in law and even such interest can..........
Transfer of Property Act, 1882, Section 107 -- Applicability of Act - T.P. Act not applicable to State of Punjab as per Gazette notification - However, provision of S.107 of Act, would apply with full force and vigor to all leases of immovable property including agricultural leases in State of Punjab (including Haryana)...........
Transfer of Property Act, 1882, Section 107, 106 -- U, registered agricultural lease - Not admissible in evidence and cannot be looked into for the purpose of determining duration of lease - Since lease being admittedly agricultural lease, same can be deemed to be from year to year in view of provision of S.106 of the Act...........
