Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Court Commissioner - Nature of land - To be proved by parties - Commissioner cannot be appointed to collect evidence - Order appointing Commissioner, set aside...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Father and his son and daughter-in-law are living in separate accommodations - Father is a pensioner and also has agriculture land from where he is earning sufficient to lead a dignified life - There is not even a single averment..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-sharer - Suit land is un-partitioned as on date - If a co-sharer is in physical possession of a part of joint land and possession is admitted by other co-sharer, he cannot be restrained from raising construction thereupon - Said construction shall..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), 101A -- (as applicable to State of Haryana) - Lapse of acquisition proceedings - Denotification of acquired land - State Government denotify acquired land if land becomes unviable or non-essential for purpose of development and in particular for reason..........
Auction -- Private sale of mortgaged property by Bank - Appellants were duly informed by Bank and were given opportunity to deposit outstanding dues before initiating sale process - They did not avail that opportunity and bank finally sold land in question by adopting private sale method, as earlier public auction process does not fructify - It cannot be said that sale..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Co-sharers - Land in question belongs to Gram Panchayat, which has not been impleaded as party - Injunction sought against co-sharers on the strength of an entry made in the Bahi in the year 1991 at a belated stage after 10 years - Possession is also stated to be of year 1960 and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
Agreement to sell -- Specific performance - Agreement of sale was executed in 1980 - Issue with regard to price of land - Defendants never pleaded categorically as to what was price of land at the relevant time and he did not even establish or prove as to what was price of adjacent land - Defendants did not file any other sale deed of adjacent land to suit land -..........
Agreement to sell -- Specific performance - Plea that defendant is a farmer and apart from the suit land, he is left with no other land ad it would be inequitable if specific performance of contract is enforced - However, defendant categorically stated that post the agreement in question, he sold land to various persons - He was having large chunk of land which defendant..........
Hindu Minority and Guardianship Act, 1956, Section 8, Mental Health Act, 1987, Section 50 -- Permission to sell agricultural land - There is nothing on record to show and prove that even though plaintiff No.3 was mentally retarded was incapable of giving a valid consent or has been suffering from mental disorder of such a kind that the proceedings u/s 8 of 1956 Act were..........
