Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Determination of market value - Market value cannot be assessed by applying suitable deduction in the market value of land acquired by a subsequent notification...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Reference Court has awarded compensation of Rs.4 lakhs per acre in respect of land situated in another village acquired vide same notification - Such determination has not been appealed against either by land owners or by State - High Court rightly relied upon such determination to assess market..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining State to interfere with possession of plaintiffs - Suit land was never acquired nor was compensation paid - Possession of suit land was also not taken over by State - Land in question never vested in State - Predecessor of plaintiffs was owner of suit land - Relief of permanent injunction rightly..........
Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Prior enmity between parties due to land dispute - Accused were present at the place of occurrence with a firearm and injury has been caused to informant due to act of accused, as per version of PWs - Defence plea of alibi taken by accused `M' does not inspire..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 477A, 120B, Criminal Procedure Code, 1973, Section 228, 401 -- Offence u/ss 13(1)(d), 13(2) of P.C. Act and Ss.420, 467, 468, 477-A, 120-B IPC - Framing of charge - Land in question was irrigated land, which was shown as barren/non-irrigated land due to connivance..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Admittedly, as officers of appellant company they were aware of the fact that advance of Rs.1 lac was received from complainant for sale of land to him and company had enforceable debt to complainant as per terms of agreement - Neither land was transferred to him nor advance..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Lapse of acquisition proceedings - Matter with regard to same notification was earlier remanded to High Court to decide the writ petition afresh - Impugned order of lapse of acquisition proceedings set aside - Matter remitted back to High Court for..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
Haryana Panchayati Raj Act, 1994, Section 7(4), Haryana Municipalities Act, 1973, Section 2A -- Demarcation of Sabha area - Transfer of land to municipal bodies - Effect of - Act of 1994 contemplates vesting of property of Gram Panchayat with Municipality - Whereas Municipal Act takes into its ambit properties vesting with Panchayat - Therefore, if whole or part of..........
