Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - More than five years have lapsed - Conduct of ADM/Land Acquisition collector - Plea sworn by Land Acquisition Collector in affidavit regarding taking over possession of acquired land is..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Suit u/s 92 has to be instituted by two or more persons with leave of court in respect of trust created for public purposes either charitable or religious - It has no application where trust is of a private nature - For bringing a suit u/s.92, existence of a public trust is sine qua non...........
Constitution of India, 1950, Article 14 -- Public Trust Doctrine - Auction of tea estate - Liquidator accepted bid which was far less than estimate given by competent valuer - Fact that land was encroached not a ground to accept lower price - Liquidator should have taken steps to improve condition of land and sell it at reasonable and standard price prevalent at time of..........
Indian Penal Code, 1860, Section 409 -- Criminal Breach of trust by public servant - PW1 is not only the informant but he is the one who initiated departmental inquiry and his authority to hold inquiry after lodging FIR was questioned and criticized by defence - PW1 has only stated that transfer of fertilizer cannot be done without permission of competent authority -..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Revocation of leave granted to institute suit - Application for revocation of leave should be decided on merits - Revocation application cannot be dismissed summarily by holding that it was not mandatory to issue notice to the petitioners for grant of leave...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(b), 29, 30 -- Eviction - Public Trust - Held, all buildings owned by Public Trust and Public Charitable Trust of religious denomination are exempted from the purview of Rent Control Act...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(b), 29, 30 -- Eviction - Public Trust - Demised premises alleged to be public trust - No evidence to prove that there was an absolute dedication of properties to public nor there is any evidence that income was devoted for any charitable purpose - Evidence on record shows that building was used only as..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Permission of Court - Private trust or public trust - Even if it is accepted for argument sake that the subject Trust is a public trust, the applicants have not established that they have filed the suit for the benefit of the general public in the Trust and its properties - Applicants are neither the beneficiaries..........
Trust -- Public trust - Determination of - "B" died issueless - All her properties were dedicated by a deed in favour of the deities - None of her family members or near relatives i.e. agnates were nominated as member of committee or as Mutawali nor there is any provision - It is not for the benefit of family - Plaintiff is not the family member - Committee members are of..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by a public servant - Ingredients are : (1) The accused must be a public servant; (2) He must have been entrusted in such capacity with property; (3) He must have committed the breach of trust in respect of such property...........
