Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Market rates - Potentiality of land - Potentiality means capacity or possibility for changing or developing into state of actuality - Potentiality of land depends upon its condition, situation, user to which it is put or is reasonably capable of being put and whether it has any..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Market rates - Belting system - Acquired land comprises of more than around 300 acres or so and is thus a very large chunk - It belongs to several landowners and being large in volume - One side of acquired land is abutting road - Land surrounding with some kind of activities in..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Ownership - In the instant case, notice was issued by defendant for resumption of land whereby said notice was challenged by plaintiff on assertion of absolute ownership and possession over property - However, said assertion was denied by defendant on ground that property belonged to Government..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Restraining defendant from dispossessing plaintiff from suit land - Plaintiff`s predecessor-i, title granted patta in relation to suit land on payment thus, prima facie case is in favour of plaintiff - Since possession of suit property is with plaintiff other two ingredients for grant of permanent..........
West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 86(1)(d) -- Agreement to sell - Applicability of provisions of Societies Act - Jurisdiction of Arbitrator to decide the dispute - Object of society is to establish cooperative basis, settlements or housing schemes and in furtherance of said object it can procure lands on purchase, hire, sell, lease or..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 467, 468, 471, 506(2), 120B -- Quashing of FIR - Offence u/ss 384, 467, 468, 471, 506(2), 120-B IPC - Compromise - Allegations in FIR not only involve a private dispute over a land transaction between two contesting parties, but also involves allegations of extortion, forgery and conspiracy..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Circle rates provided for purpose of payment of stamp duty cannot be made basis for determination of actual price of market value of property, particularly when there is nothing to indicate that statutory committee has determined said rate on scientific basis and methodical..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupancy rights - Plaintiff/claimant obtained occupancy rights on basis of lease deed - Lease deed being unregistered and ante-dated found to be sham - Even otherwise, plaintiff himself admitted that he is not in possession of land and cultivation on his behalf is carried out by servant under management of..........
Land Acquisition Act, 1894, Section 49 -- Acquisition of part of building or house - Permissible - However, owner has the option to express his desire that whole of it should be acquired and not the part, as the case may be...........
Land Acquisition Act, 1894, Section 3(a) -- Land - Definition of land is inclusive and it includes benefits arising out of land, and things attached to earth or permanently fastened to anything attached to earth - Definition of land is wide connotation and cannot be construed in narrow sense to render the provisions of Act otiose or impracticable...........
