Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - D.H. dispossessed by defendant after getting possession of land in suit for declaration of title - Remedy lies to press into service for second execution with police for restoration of possession - Law of criminal trespass is another aid for protection in appropriate criminal proceedings against defendants..........
Land Acquisition Act, 1894, Section 23(1)(a) -- Restitution/refund - Interest thereon - Compensation paid under Section 23(1)(a) of the Act by the Trust - Later on, as per law laid down by the Supreme Court the said amount of compensation was required to be returned/refunded - The Trust claimed interest at the rate of 15% on the aforesaid refund - Trust entitled to receive..........
Government Acquisition Punjab Land Revenue Act, 1912, Section 34 -- Recovery of amount for illegal use and occupation of the land - Notification U/s 4 and 6 of the Land Acquisition Act, 1894 - Possession of land taken by the Government - Petitioners unauthorisedly trespassed into the land, cultivated the same and removed crops - Though the possession of the land was..........
Land Acquisition Act, 1894, Section 23, 30(2) -- Benefit of enhanced solatium and interest - Effect on pending appeals in the High Court and Supreme Court Solatium enhanced to 30% in place of 15% solatium - Interest enhanced from 6% to 12% - Benefit of enhanced solatium & interest to be confined to appeals against the Award of Collector and or of Court rendered between..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4 -- Ejectment - Expiry of lease - Land taken on lease in open auction for period of one year - Expiry of the period of one year - Possession not as a tenant or a lessee but illegal possession - Ejectment order upheld...........
Civil Procedure Code, 1908, Order 21, Rule 72 -- Auction sale - Land purchased by near relatives of D.H. - Permission of Court - Held, as no material is placed to prove the relationship as such this plea is not available and more so for the first time in the revision petition...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad-valorem Court Fee - Suit for declaration - Sale of land challenged on the plea that land was ancestral and sold without any legal necessity - Remedy of possession is essentialy a consequential relief flowing from and arising out of the declaration - Court Fee is required to be paid in terms of section 7(iv)(c) of the Act as..........
Land Acquisition Act, 1894, Section 11, 11A -- Explanation - Period within which award shall be made - Exclusion of period of stay - Limitation of 2 years for making an award from the date of publication of declaration U/s 6 - Respondent society apprehensive of Govt. not approving award within statutory period, filed writ petition - High Court stayed the operation of the..........
Land Acquisition Act, 1894, Section 11, 12 -- Award - Procedure of making - How and when become effective - Collector to hear persons interested, inquire and consider the objections raised, prepare award and send to the Govt. for approval - Govt. approving award - Award becomes an offer - Collector must communicate the award to the persons to whom offer is made, either by..........
Land Acquisition Act, 1894, Section 11, 12 -- Award made and signed by the Collector - Sent to Govt. for approval - Award approved by the Govt. without alteration - Award becomes 'Award' when it is approved by the Govt. - No requirement under law of signing award again by the Collector...........
