Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Long standing land dispute between deceased and father of accused - Weapon of assault is danda - However, danda used in occurrence cannot be said to be weapon and that too dangerous weapon - Lacerated wound was found on forehead of deceased and another wound on lower part of his face - No other blow..........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Enhancement of compensation - Market value of land was determined on basis of compensation given to neighbouring acquired land - Both the lands are situated in close proximity - Therefore, amount of compensation determined by Court, found to be proper...........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Determination of market value - Plea of land owners that market value should be determined on basis of capitalization method - Failure of land owners to produce price list or any other evidence to show what crops are produced and what is their costs - One yield report is insufficient to determine market..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........
Suit for possession -- Predecessors-in-interest of plaintiffs are owners as recorded in jamabandi for the year 1955-56 and predecessors-in-interest of defendants was recorded as tenants - Three rounds of litigation with respect to suit property was on record and out of two litigations suit land was declared as recorded in possession of predecessors-in-interest of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land is jointly owned and possessed by parties and other co-sharers - Averments made by defendant with regard to construction by all co-sharers in terms of family arrangement as well as existence of old structure have not been specifically denied by plaintiffs - Plaintiffs failed to approach..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from trespassing into suit property and also from creating any new pathway across land - Partition took place between parties and both are in enjoyment and possession of their respective shares - As per partition deed both the parties can use the ridges situated in another sharer to..........
Evidence Act, 1872, Section 92 -- Sale deed - Subsequently executor executed another document transferring the same land, alongwith some other land - Sale deed duly registered testified to by attesting witness thereto and factum of registration of document also not disproved - Even in terms of S.92 of Evidence Act as regards its execution and registration, it cannot be..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Inadequacy of sale consideration - Vendor never raised any finger to say that he was not paid consideration shown to have been paid in sale deed - Even otherwise, if there was any under valuation of suit land in terms of consideration shown to be paid in sale deed, that was for Sub-Registrar to object the same -..........
