Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deduction towards development charges - Rule of 1/3rd deduction towards development is general rule - But depending upon purpose of acquisition and taking note of well planned layouts, if any, deduction for development cost may vary from 20% to 75%...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deduction towards development charges - Land acquired for construction of Dam project as such development like in case of layout for housing colony is not required - 40% deduction made by High Court appears to be on higher side - Taking into facts and circumstance of case, 20% deduction for..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Modification - Entire land is 2,61,300 sq ft as non-agricultural land - After taking 20% deduction for development cost, value of land is calculated @ Rs.12,54,530 - As regarding replacement of electrical installation, since there is every possibility of electrical installation being damaged..........
Agreement to sell -- Validity of agreement - Description of land qua each survey number, its location, dimensions and area is not mentioned in agreement - Agreement is not signed by Co-sharers (defendant nos. 4 & 5) of defendant Nos.1 & 2- Nothing on record to suggest that agreement was with consent and knowledge of defendant Nos.4 & 5 - It is not mentioned whether..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fees - Suit for declaration, permanent injunction, possession and mesne profit - For each relief plaintiffs are required to value suit and to pay Court fees accordingly - Plaintiffs for relief of possession already paid Court fees 10 times of land revenue - As regarding relief of declaration, since plaintiffs..........
Service -- Misconduct - Dismissal - Judicial service - Allegation against appellant Judge is that she unduly awarded additional amount and enhanced compensation to claimants in two Land Acquisition cases - However, charge sheet shows that there is no allegation of process having been vitiated by appellant - No explicit mention of any extraneous consideration being..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application filed after 44 years of filing of suit - No explanation given by defendants for such delay in filing application U.O.26.R.9 CPC - Defendants encroached upon certain piece of land belonging to plaintiffs - It would not be in the interest of justice to remand the matter to trial Court..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 330 kg Ganja Patti - Conscious possession of contraband viz-a-viz title of land from where it was recovered would remain debatable - It would also be debatable as to whether recovery of Ganja would fall at par with Charas - Trial of case may..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - If suit property itself is stated to be a passage of any nomenclature or kind, then any person having property abutting to suit land has a right to dispute the attempt of plaintiffs and to show the same to be public street and any such person has to be taken as a proper..........
Change of land use -- Conversion of layout plan from commercial to residential - Approval for modification was challenged after 7 years from such approval - Meanwhile, majority of plots sold to third parties for consideration - Bona fide purchasers already completed construction and some houses were in advanced stages of construction - Said purchasers not even heard..........
