Constitution of India, 1950, Article 227, Motor Vehicles Act, 1988, Section 166 -- Release of amount of compensation - Son died in motor vehicle accident - Claim petition by parents - M. A. C. T. awarded compensation - Directed the deposit of the compensation in the fixed deposit in nationalized bank for five years - Application for release of compensation - Declined -..........
Hindu Succession Act, 1956, Section 8 -- Ancestral property - Property inherited from father - Not ancestral qua his sons. AIR 1986 SC 1753 relied...........
Registration Act, 1908, Section 17(2)(v), 17(2)(vi) -- Consent decree - Passed on admission - Did not require registration. Som Dev's case, 2006 (2) PLJ 403 SC relied...........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Locus Standi to challenge acquisition proceedings - Notification u/ss. 4 & 6 for acquiring land - Petitioner purchased land after notification u/s. 4 - Sale of land after issuance of notification u/s 4 is an encumbrance by the owner - Sale void against State - Does not bind the State..........
Transfer of Property Act, 1882, Section 60 -- Co-sharer - Mortgage - Joint property - Redemption by paying entire mortgage money by one of the co-sharers - Redemption is for the benefit of all co-sharers - One of the co-sharer/mortgagors, by redeeming the mortgage in its entirety cannot claim a right a right higher than what he otherwise had - A co-mortgagor cannot become..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for construction & development of Industrial Estate - Acquisition challange - Malafide alleged - When the custodian of power is influenced in its exercise by considerations outside those for promotion of which the power is vested the court calls it a colourable exercise and..........
Constitution of India, 1950, Article 226, 227 -- Writ Petition - Requirement as to pleading & proof - Notifications u/s 4 & 6 of Land Acquisition Act challenged on ground of discrimination - Site plan vague - Carries no legend - Does not depict total area acquired, area released, vacant land, constructed portion etc. - No material placed on record to indicate that State..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Locus standi to challenge acquisition proceedings - Notification u/s 4 & 6 for acquiring land - Petitioner purchase land after notification u/s 4 - Writ for quashing notifications - Sale of land after issuance of notification u/s 4 an encumbrance by owner - Sale void against state -..........
Constitution of India, 1950, Article 14,16 -- Appointment - Eligibility - Requirement for appointment to the post of District Fisheries Officer was of Honours in B.Sc. with Zoology - First respondent had cleared B.Sc. Honours with Chemistry - It could not be said that she was eligible to the post having requisite educational qualifications - By not treating her eligible,..........
Adverse possession -- Plaintiff claiming ownership on the basis of adverse possession - Planitiff to show against whom the possession is adverse - Required to plead and prove who is true owner of the property whose title is being denied by him - Mere long possession does not necessarly mean that it is adverse and hostile to true owner. Limitation Act, 1963, Article 65,..........
