Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 5A -- Effect of non-acceptance of recommendations of Land Acquisition Collector u/s 5A - Notification u/s 4 for acquistion of land - Land Acquisition Collector recommended release of land while deciding objections u/s 5A - Recommendations not accepted by Government - Writ petition challenging..........
Evidence Act, 1872, Section 68, Succession Act, 1925, Section 63 -- Will - Proof of execution - Requirement - Proof of execution of Will shall strictly be in terms of Sec. 63 of Succession Act - Where there are suspicious circumstances surrounding the execution of the Will, the onus is on the propounder to remove the suspicious circumstances - Mere compliance of statutory..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4(1) -- Notification for acquisition of land challenged on ground of non publication of notification as per the requirement of sec. 4(1) of the Act - Notification published in Gazette on 16.08.2001 - Published in two daily newspapers on 20.08.2001 - Proclamation of notification made in..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Decree for possession passed in the earlier suit - Another suit regarding same subject matter - Sec. 11 of the Code is a substantive law which bars the filing of subsequent suit on a plea which was available to the party in the previous suit...........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction against execution of decree - Decree for possession - Execution filed - Another suit regarding same subject matter - Injunction granted against execution of decree - Decree passed after contest - No prima facie case made out in view of Sec. 11 of C.P.C. - Not open to the Courts below to grant injunction against..........
Civil Procedure Code, 1908, Section 38, 39, 42 -- Execution of decree - Powers of Executing Court - Sec. 38 provides that decree may be executed by the Court which passed it or by the Court to which it is send for execution - Sec. 42 indicates that the transferee Court to which the decree is transfered for execution will have the same powers in executing that decree as if..........
Civil Procedure Code, 1908, Section 39(4) -- (As per Amendment Act 22 of 2002 effective from 1.7.2002) - Execution of decree - Execution is sought to be proceeded against any person or property out side the local limits of the jurisdiction of the Executing Court - Nothing in Sec. 39 of the Code shall be deemed to authorize the Court to proceed with the execution...........
Civil Procedure Code, 1908, Section 136 -- Attachment of Property - Scope of powers of Court - Court trying a suit may have jurisdiction to order attachment of a property even out side of its jurisdiction - Court to send order of attachment to the District Court within whose local limits the property sought to be attached is situated - Sec. 136 clearly excludes execution..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - To be tendered and accepted in strict compliance of Sec. 65 - Photocopies of original cannot be accepted as secondary evidence - Contents of a document cannot be admitted without non-production of the original being first accounted for in a manner as provided u/s 65...........
Civil Procedure Code, 1908, Section 16, 20 -- Where suit falls within the preview of Sec. 16, proviso to Sec. 16 and provisions of Sec. 20 are not applicable - Proviso to Sec. 16 apply where relief sought can entirely be obtained by personal obedience of the defendant - Relief of partition, rendition of accounts, declaration of sale deed as null & void cannot entirely be..........
