Letters Patent -- Clause 10 - Enhancement of market value in land acquisition case - Land acquired in semi - mountainous territory - (i) Transactions in respect of small pieces of land (3 Kanal and 1 Kanal) when land acquired more than 640 Kanals; (ii) Transaction of more than 7 months after issue of notification under Section 4 - Cannot constitute valid basis for fixation..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Cancellation of excess allotment under Punjab Security of Land Tenures Act - Tenant allotted more land than the land from which ejected - Objection that remedy of Section 18(1) and 18(4) not availed by State despite the fact that State represented at the time of allotment and purchase of surplus land and that..........
Land Acquisition Act, 1894, Section 4, 6 -- Simultaneous publication (i.e. on the same date) of the Notifications under Sections 4 and 6 - Not permissible - Notification under Section 6 - Quashed - Declaration under Section 6 can only be made after the date of the publication of Notification under Section 4 - There must be a difference of dates between the date of..........
Letters Patent -- Clause 10 - Compensation, enhancement of in land acquisition case - Objection that challenge to fixation of market value never made by landowner before Single Judge - Not tenable as court - fees paid on the hypothesis that market value not correctly assessed and also in grounds of appeal categorically claimed that amount of compensation be enhanced - Not..........
Punjab Land Revenue Act, 1887, Section 121, 20 -- Sanad Taqseem prepared - Possession not delivered of property allotted on partition - Failure to follow due procedure as laid down in Section 20 - Matter should be re-opened - Assistant Collector should follow prescribed procedure in Section 20 regarding service...........
Punjab Land Revenue Act, 1887, Section 20 -- Proclamation where only one individual involved - Section 20 does not specifically debar such procedure - Section 20 providing for proclamation, only enabling in nature - Section 20(2) and 20(4) applicable in a case where personal service cannot be made or is refused, then summons should be posted on some conspicuous place in or..........
Natural justice -- Appellate order - Points urged in support of original order - Not considered, dealt with and decided - Appellate Authority bound to record reasons for not entertaining contentions urged - Appellate order is liable to be quashed on the ground that it is a non - speaking order - Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated..........
Civil Procedure Code, 1908, Section 92 -- Applicability - Section 92 applies to the cases where there is a case of admitted existence of public trust and there is allegation of breach of trust and its terms either expressly or impliedly - Breach of Trust can be alleged to have been committed by the Board of Trustees or any of the trustees or there may be a case that there..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Observations made by trial Court and lower Appellate Court while disposing of application for ad interim injunction under Order 39 Rules 1 and 2 read with Section 151 - Cannot be considered as conclusive findings on facts and circumstances of the case - Findings would necessarily have to be..........
Registration Act, 1908, Section 68 -- Cancellation of registration of a document, execution of which not denied and which has already been registered by Sub Registrar - No power with Registrar - Section 68 only empowers Registrar to issue directions to Sub Registrars in respect of their ministerial functions and duties...........
