Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deductions - Large areas do not attract the same price as is offered for the small plots of lands - Therefore, some amount of deduction is also normally permissible on account of largeness in area - Thus, deduction of at least 10% has to be applied to determine the rate of compensation...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market rate of acquired land turns out to be Rs.190 per sq mt as per allotment of plot which was in close proximity with acquired land - After applying deduction of 50% on account of development and largeness of area, market value of land will be reduced to half of Rs.190 per sq mt. i.e Rs.95..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Value of fruit bearing trees existing on the land - In absence of any documentary evidence showing annual income earned by them from selling the fruits of trees, it is not proper to award anything further for the trees...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DHs alleged that JDs in violation of decree had raised a wall on the suit land blocking the passage - However, DH did not make any effort to prove spot identification - DH placed reliance upon site plan, prepared by deed writer - However, DH did..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Compromise decree - JD directed to execute the sale deeds in favour of DH in view of compromise decree - Admissions made by JD would prove that lands in question is available and same were not registered in favour of DH - JD had not filed any documents to show that part of land was sold to third..........
Civil Procedure Code, 1908, Section 53 -- Liability of ancestral property - Plaintiff averred that deceased borrower died leaving behind him, defendant, his mother and his brothers and his sisters as his legal heirs - Admittedly, no partition has taken place among legal heirs of deceased borrower - Property of deceased borrower in the hands of defendant cannot be construed..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(2) -- Summoning of Tehsildar - Partition suit - Tehsildar cannot be summoned to Court to lead evidence merely on the ground to find out the discrepancy that seems to be in the areas of land purchased by parties in the agreement of sale and the area that was got mutated in the name of parties in the revenue records -..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that all appellants had beaten deceased with axes and sticks, after sprinkling chilli powder in the eyes of deceased - However, during postmortem examination, only four injuries were found, and Doctor did not find any chilli powder on the body or in the eyes of deceased - Scene of offence panchanama also does not..........
Land Acquisition Act, 1894, Section 48 -- De-acquisition of land - Power of withdrawal from an acquisition u/s 48 of the Act can be exercised by Government only in respect of an acquisition where possession of land has not been taken - Therefore, it was not open even to Government to withdraw from acquisition of subject land after possession was taken over...........
Land Acquisition Act, 1894, Section 6 -- Acquisition of land - When State acquires land for a public purpose, such an exercise cannot be set at naught by beneficiary of such acquisition by entering into a private agreement shortly after acquisition so as to reverse the usage of power of eminent domain by State...........
