Land Acquisition Act, 1894, Section 4, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Subsequent purchaser - Right to challenge acquisition - Claims been made on transactions based on power of attorney, agreement etc - Subsequent purchasers are not entitled to any indulgence and cannot invoke..........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Gift deed alleged to be executed in favour of plaintiff by defendant No.1 - However, possession of property was never handed over to plaintiff on the basis of gift deed - There was no acceptance of possession of gifted property and it continued with defendant No.1 - Recitals of gift deed show that..........
Joint Family Property -- Suit for cancellation of sale deeds - Father of plaintiffs along with his three sons/plaintiffs was alive on date when UP Zamindari Abolition and Land Reforms Act was notified - Joint Hindu family disintegrated after abolition of zamindari and every individual became a tenure holder in his own right - Individual bhumidhar therefore, could have..........
Kerala Land Reforms Act, 1963, Section 2(5), 81(1)(q) - - Commercial site - Land used for quarrying is not covered under expression `commercial site', therefore there can be no exemption of such land from applicability of the Act...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Public property - Plaintiff cannot seek injunction against public land...........
Karnataka Land Reforms Act, 1962, Section 61 -- Restriction on transfer of land of which tenant has become occupant - Suit property granted in favour of defendant in 1983 - There is restriction on transfer of property for a period of 15 years from date of grant as per S.61 of the Act - Agreement to sell executed by defendant in favour of plaintiff thus, in question in the..........
Specific Relief Act, 1963, Section 38, 39 -- Prohibitory and mandatory injunction - Suit land leased to plaintiff by Railways over which he raised boundary wall and affixed a gate - However, defendants obstructed their way to suit property - There is no case of defendants that plaintiff has raised any constructions over land of defendant or has encroached over it in any..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of Land - Compensation - Solatium is part and parcel of compensation that is payable for compulsory acquisition of land...........
Land Acquisition Act, 1894, Section 23(1A), (2), 28, National Highways Act, 1956, Section 3J -- Compulsory acquisition of land - Compensation - Solatium and interest - Provision of Land Acquisition Act relating to Solatium and interest contained in Ss.23(1A), (2), 28 Proviso of the Act, will apply to acquisitions made under National Highways Act - Consequently, S.3J of..........
Maharashtra Tenancy and Agricultural Lands Act, 1948, Section 32F(1)(a) -- Right of tenant to purchase land - Words `of fact that landlord has attained majority..' used in S.32-F(1)(a) of the Act - S.32-F(1)(a) of the Act, referred to three categories of landlords i.e minor, a widow, or a person subject to any mental and physical disability - Words added by 1969 amendment..........
