Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deeds - Land acquired in the year 1991 - Sale deed of the year 1990 can be said to be comparable instance having regard to proximity from time angle as well as proximity from situation angle - Mere fact that comparable sale deed is related to small areas, it cannot be said that..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of subsequent purchasers - Plaintiffs came to know about execution of sale deeds by defendants in favour of subsequent purchasers on perusal of written statement filed by defendants and thereafter applications in question were filed - Limitation..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deeds - Compensation determined for lands acquired subsequently cannot be said to be comparable at all...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaring sale deeds as null and void - Suit filed on 22.11.2019 averring that plaintiff came to know for the first time about sale deed on 30.10.2019 - No averment in the plaint and no document on record, which shows that plaintiff had knowledge about sale..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Trustees contended that trust deeds provided that if there is any dispute in respect to trust same may be referred to five panchas of Panchyat - Contention rejected firstly on the ground that dispute is not concerning about trustees rather allegations is of mismanagement of trust..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 2(9)(A)(ii) -- Benami transaction - Sale deeds executed in favour of mother - But those are stated to be with an oral understanding between parties that mother shall hold properties in trust due to fiduciary relationship for benefit of plaintiffs and same shall be transferred in their favour on attaining the age of 20..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 482 -- Dishonour of cheque - Additional evidence - Accused was assigned to sell property belonging to complainants who sold their property belonging to complainants who sold their property and taken money from purchasers but not paid complainant - Cheques which were issued to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate relief of cancellation of sale deeds executed by defendants and declaring them as null and void - However, plaintiff has knowledge with regard to execution and registration of said sale deeds at the time of filing of suit - After expiry of..........
