Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 90(15) - - 91(8) as added on 16.7.1959 vide Gazette Notification dated 25.7.1959 - Association to be seen with effect from date of clearance of payments - Sale Certificate - Effective after clearance/payment of price/adjustment of amount...........
Land Acquisition Act, 1894, Section 23 -- Compensation - Market value-Prior knowledge of acquisition - Document brought to inflate the market value - Cannot be taken into consideration - The Court has to consider the evidence in the proper perspective whether a willing vendee would purchase at the rates offered by the willing vendor in an open market when the lands are put..........
Land Acquisition Act, 1894, Section 4(1), 48(1) -- Notification u/s 4(1) - Enquiry pending - Gram Panchayat expressed lack of funds so as to proceed with award - Request to Land Acquisition Officer to drop proceedings- Further action stopped - However, no notification u/s 48(1) withdrawing acquisition of land, possession of which had not been taken, published - It does not..........
Agreement to sell -- Notification to acquire land already issued - Fact concealed - Vendee is entitled to refund of earnest money...........
Agreement to sell -- Refund of earnest money and/or part payment of the sale consideration - Subsequent to entering into agreement a Govt. notification making the agreement impossible to be completed - Held, defendants are not entitled to benefit themselves by the advance amount paid to them either by way of earnest money or by way of part payment of the sale consideration..........
Land Acquisition Act, 1894, Section 23, 51A -- Market value of land acquired - Prevailing prices as on the date of the publication of the notification u/s 4(1), the sale transactions of the same lands or sales of land situated in the neighbourhood furnish evidence of comparable sales - In the instant case comparative sale deeds were filed but not proved as required by law..........
Electricity Act, 1910, Section 26(6) -- Meter defective - Electricity charges - ascertainment of - Agreement between consumer and Board that charges will be in accordance with regar-ding of Electric meter - Electricity Board cannot demand electricity charges on basis of notification issued u/ss.46 & 49 i.e. on the basis of work load - Held, in such cases it is the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- As in Punjab State - Collector and Commissioner exercising powers under the Act - Are only persona designate - Have limited task of deciding disputes under the Act - Cannot arrogate to themselves jurisdiction and power of pronouncing upon constitutionality or legality of Notifications and Orders issued under..........
Indian Forest Act, 1927, Section 38 -- Powers exercised by Government only on receipt of a written request made by a majority of proprietors or share-holders of the village - A strong presumption of legality and correctness attaches in favour of Notification issued under Section 38- Cannot be rebutted in collateral proceedings initiated under some other Act...........
Land Acquisition Act, 1894, Section 23(1A) -- As added and Section 30(1) of Act 68 of 1984 - Retrospective operation - Does not apply to a case in which award of Collector made prior to April 30, 1982 - Applies only to cases falling within two cut off dates April 20, 1982 and September 24, 1984, and in which award of Collector made after April 30, 1982 - Section 23(1 - A)..........
