Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Objections - Once proceedings conclude in award and possession is taken without challenge, Court would not entertain any belated grievance from interested person...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Having accepted monetary settlement without challenge and remained passive during litigation spanning several years, it cannot now seek benefits from relief secured by others - Confluence of its commercial status, nature of relief and practical impossibility of restoration due to intervening modifications..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Without issuing notice to defendants/petitioners - Partition suit - Commissioner appointed to take measurements of suit property in terms of preliminary decree - While taking mere measurements of property which is to be partitioned, irrespective of presence of any of party, measurements..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of grandsons - Respondent Nos.3 & 4 voluntary made a statement that they do not wish to maintain their grandfather from whom they got land transferred - Even, they do not wish to keep transferred land - It is a clear case where inter se family property..........
Partition -- Challenge as to - Once petitioner had participated in partition proceedings and has not raised any objection against Naksha Alif, mode of partition, naksha bey, naksha zeem, then after completion of partition proceedings, he cannot be permitted to re-open partition matter...........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for cancellation of sale deeds - Plaintiff valued the suit on basis of consideration mentioned in sale deeds, which is erroneous, because market value of property involved in sale deeds is to be considered on the date of filing of suit - But trial Court has ignored this fact - Trial Court is directed to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Petitioner was not a party to original suit - He neither represented the claim in a representative capacity nor was his presence necessary for effective adjudication - However, trial Court permitted him as Sarpanch, to adduce evidence on behalf of Gram Panchayat - Said permission..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession and permanent injunction - Plaintiff failed to enter witness box to testify and prove her plaint case - Testimony of power of attorney holder of plaintiff is inadmissible with regard to facts within personal knowledge of plaintiff who has failed to enter witness box - Sale deed executed by father..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit property is an agricultural land - No material is placed with application filed for appointment of advocate commissioner - Evidence of petitioners is already completed - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
