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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 25 -- Relevancy of Sale deeds - Collector assessed market value of acquired land at Rs. 4, 13, 600/- per acre - In Reference Court, State relying on sale instances wherein average sale price reflected is less then market value assessed by Collector - Sale instances reflecting price less than market value determined by Collector not..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 23 -- Assessment of market value - Relevancy of sale deed/instance - Claimants placing reliance on sale deed pertaining to sale of more than 12 acres of land, 3 months prior to date of notification u/s 4 - Land covered by sale deed almost adjacent to acquired land - Sale transaction between two companies - Sale consideration paid through..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 18 -- Categorisation of Land - Collector awarded compensation treating the entire land as one category - Reference Court divided land into two Blocks `A' & `B' - Enhanced compensation for Block `A' only - When Collector assessed the entire land as one unit, no justification of carving out two separate blocks and assessment of different..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 18, 23, 54 -- Enhancement of Compensation - Collector assessed Market value of entire acquired land at a uniform rate of Rs. 4, 13, 600/- per acre - Reference Court divided land in 2 blocks - Maintained award of Collector for Block `B' - Enhanced compensation for Block `A' to Rs. 6, 89, 333/- per acre - Sale deed Ex P1 not relied by..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 23,, Rule 3 -- Compromise of suit - Suit for declaration regarding ownership and possession of land purchased - Sale deed in the favour of appellant challenged - Plaintiff purchased land from one of the co sharer - Appellant purchasing land from another co sharer - Trial Court holding sale in favour of appellant valid - Appellate Court on..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Co-sharer -- Alienation of joint land - Co sharer has a right to seek separate possession of property purchased by him - Co sharer cannot restrain other co sharer from alienating joint property...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Co-sharer -- Sale of specific portion - Sale of specific khasra no. by co sharer will be a sale of share of joint land, subject to the rights of the other co sharers to seek partition. Bhartu's case 1981 PLJ 204 (FB) relied...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Co-sharer -- Sale by one of the co sharer in violation of injunction order - Plaintiff purchased land from one co sharer - Appellant purchasing some land from another co sharer - Sale deed executed by co sharer after interim injunction order - Appellant not claiming any right through the vendor of plaintifff - Title of the plaintiff not affected by sale of land in favour..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Land sold to someone else - No offence of cheating - Culpable intention at the beginning, when promise was made, cannot be presumed when there is failure to keep up promise subsequently - FIR is an abuse of process of law - FIR and all proceedings taken thereunder..........

ALLAHABAD HIGH COURT

Year of decision: 2006
Details

Criminal Procedure Code, 1973, Section 145, 146 -- Dispute over a piece of land - Civil suit pending between parties in respect of same property - Proceedings under S.145 Cr.P.C. not maintainable...........

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