Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Restraining defendants from constructing walls for Toll Plaza - Land acquisition process for constructing National Highway cannot be interfered with at the instance of plaintiffs - Neither there is any attempt on their part to approach revenue authorities for..........
Kerala Conservation of Paddy Land and Wetland Act, 2008, Section 2(iii), 2(xv), 3(2) -- Pokkali rice cultivation - Removal of mud and slurry or strengthening the bund for the purpose of carrying out pokkali rice cultivation will not violate any of provisions of the Act 28 of 2008...........
Agreement to sell -- Validity - Agreement in question itself contains a specific clause that it is for vendor/defendant to obtain permission from competent authority under Tamil Nadu Urban Land Ceiling Act - Agreement to sell therefore, cannot be said to be void ab initio - Defendants failed to obtain exemption from concerned authorities, as result of which they were in..........
Agreement to sell -- Specific performance - Mere escalation of land prices after date of filing of suit cannot be sole ground to deny specific performance...........
Kerala Highway Protection Act, 1999, Section 19 -- Highways - Restrictions - There is a blanket prohibition in carrying out any construction upon land lying in between boundary of a highway and building lines determined in respect of that highway and if any construction is carried out, highway authorities shall by notice require that construction be set back to building..........
Kerala Land Utilization Order,1967 -- Cl.6 - Utilization order - Sub-Collector or District Collector has no power to review order already passed under Cl.6 of the Order...........
Agreement to sell -- Specific performance - Real intention of parties was never sale of land but was to secure loan advanced by plaintiff to defendants during course of their transactions, as plaintiff was working as a commission agent - More so, despite a substantial payment out of sale consideration having been made as earnest money, still a long period of one year was..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Land dispute between brothers - Manner of occurrence and how incident was trigged not brought out in evidence of PWs - Accused assaulted his mother upon a quarrel - Pre-mediation on part of accused not established - Prosecution failed to establish genesis of occurrence, it has remained in realm of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining change of nature of land - Courts below held that Gram Panchayat/defendant is competent to change user of land in a manner it likes as well as when sufficient area of shamlat land is available, it can be used for any other development - Injunction therefore, cannot be granted regarding..........
