Transfer of Property Act, 1882, Section 43 -- Doctrine of `feeding the grant by estoppel'- Option - Transferee of property has an option to claim or not to claim the benefit u/s 43 of Act - Unless option is exercised the newly acquired interest does not automatically pass - This option should be exercised during a period in which contract of transfer subsists...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Burden is upon plaintiff to prove his title and possession in order to succeed in the suit for injunction - Plaintiff nowhere pleaded in plaint as to how and in what manner he acquired ownership rights over property in dispute - Initiation of proceedings u/s 122-B of UPZA & LR Act against..........
Land Acquisition Act, 1894, Section 18, 4, 6 -- Acquisition of land - Notification u/s 4 issued on 21.10.1969 - Land of appellant measuring 42 bighas acquired and compensation @Rs.1.33 per square yard awarded on basis of 66 contemporaneous sale deeds - Appellant had sold one piece of land on 13.06.1969 @ Rs.22 per square yard and another piece of land on 16.10.1969..........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Opportunity of hearing - Person whose property is being or is intended to be acquired should have a proper and reasonable opportunity of persuading authorities concerned that acquisition of property belonging to that person should not be made - On consideration of said objection, Collector is required to make..........
Hindu Law -- Joint Family Property - Devolution of interest - Two suits regarding same facts - No evidence on record to show that property was purchased from the income of joint family and was not self acquired property of executor - Neither there existed a valid gift deed which would confer any right upon plaintiff in Ist suit nor any valid will existed which would..........
Indian Penal Code, 1860, Section 376 -- Rape - No marks of injury found on prosecutrix's body - Only three bruises found on her right hand and lower portion of back which doctor stated could be self acquired - No sign of fresh rape - Petticot of prosecutrix shows stains of human blood but blood group could not be determined - Prosecution case lacks in inherent probability..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Disputed property is self acquired property of brother of complainant's husband - Husband has no share in the said property - It cannot be treated as shared household and thus wife has no right in it...........
Hindu law -- Self acquired property - No material to show that `C' schedule properties are self acquired properties of deceased - No evidence on record as to income from any other source other than ancestral properties from which `C' schedule properties could have been acquired - There is a presumption that acquisition from ancestral properties form part of joint family..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Acquired land was at a distance of 6 kms from road - Held, for determination of compensation lands which were adjacent to road and were surrounded by hospitals and residential and commercially developed areas cannot be relied upon...........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Guess work is permissible only to a limited extent - Market value of the land is to be determined taking into consideration the existing use of the land, geographical situation/location of the land alongwith the advantages/disadvantages i.e. distance from the National or State Highway or a road..........
