Easements Act, 1882, Section 13 -- Easement - Easement of necessity is coextensive with land severed and would always run with land as an incident and would remain dormant whenever there is an alternative way and would come into play whenever an absolute necessity comes out...........
Indian Penal Code, 1860, Section 420, 406, Information Technology Act, 2000, Section 66D -- Cheating - Settlement - Quashing of FIR - Dispute was regarding parcel of land which complainant had purchased by registered sale deed - Settlement arrived at between parties - Dispute is private and personal in nature - Continuance of proceedings would lead to wastage of precious..........
Bihar State Housing Board Act, 1982, Section 28, 45, 51 -- Bihar State Housing Board (Management and Disposal of Housing Estate) Regulations, 1983 - Regn.7 - Allotment of plots - Powers of Board - Hire purchase agreement was entered thereafter plot was handed over to petitioner - Since adjacent land to plot of petitioner on western side was lying vacant and was of no use..........
Specific Relief Act, 1963, Section 34, 38, 41(h), Transfer of Property Act, 1882, Section 53A -- Decree of declaration of title - Claim for - Plaintiff also seeking relief of permanent injunction restraining defendant from interfering with their possession - Plea of adverse possession by plaintiff - As per averments in plaint, plaintiff's father and thereafter he himself..........
Power of Attorney Act, 1882, Section 2 -- Special Power of Attorney - In relation to the properties/land owned by the executor - Special Power of Attorney covers the properties owned by the principal as on date of its execution and does not cover or extend to properties purchased by executor on a later date...........
Maharashtra Regional and Town Planning Act, 1966, Section 127 -- Lapsing of reservation - Land reserved for construction of shopping complex - Appellants purchased property in 2006 - Land was reserved under original final development plan in 1984 which was revised in 2012 - Appellant purchased the land apparently knowing that property was subjected to reservation - There..........
Constitution of India, 1950, Article 226, Maharashtra Industrial Development Act, 1961, Section 33, 36A, 35 -- Acquisition of land for industrial development - Claim for compensation - Rejection of petitioner's claim by SDO and grant of compensation to occupants (Tribals) of suit land - Agreements on basis of which petitioners are claiming are found to be void ab initio -..........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Enhancement of compensation - Market value of land was determined on basis of compensation given to neighbouring acquired land - Both the lands are situated in close proximity - Therefore, amount of compensation determined by Court, found to be proper...........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Determination of market value - Plea of land owners that market value should be determined on basis of capitalization method - Failure of land owners to produce price list or any other evidence to show what crops are produced and what is their costs - One yield report is insufficient to determine market..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from trespassing into suit property and also from creating any new pathway across land - Partition took place between parties and both are in enjoyment and possession of their respective shares - As per partition deed both the parties can use the ridges situated in another sharer to..........
