Land Acquisition Act, 1894 -- As amended by the Land Acquisition (Amendment) Act of 1984, Ss.23(1), 28 & 34 - Land Acquisition - Compensation - Rule of appropriation when award of compensation is at different stages - A claimant or decree holder who has received the entire amount awarded by reference court or who had notice of the deposit of entire amount awarded cannot..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Doctrine of Lispendence - Property partitioned among legal heirs on the basis of natural succession - One of the heirs filing suit on the basis of an unregistered Will claiming entire property - Original Will not produced on record - Applicaton for interim injunction restraining other heirs from..........
Constitution of India, 1950, Article 227 -- Annual inspection by High Court Judge - Inspecting Judge cannot pass any order on interim applications, such as bail petitions or transfer applications or applications for interim injunction, howsoever justified they may be - Inspection is to be confined to the administrative functioning of the courts and its officers...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2, 3A -- Deemed extension of ex-parte ad-interim injunction order - Nature & scope - Application for grant of interim injunction to be decided within 30 days from date an exparte injunction is granted - If not decided by Court within stipulated period, Court to record reasons for such inability - Trial Court granted ex-parte..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Interim maintenance - Declined on ground of absence of sufficient pleadings - Petitioner stated in application for claim of interim maintenance that she has no money to maintain herself and thus petitioner has stated the facts constituting the basis of the claim to maintenance - Impugned order set aside - Matter..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession delivered in pursuance of agreement to sell and this fact incorporated in agreement - Execution of agreement admitted - Plaintiff is not entitled to interim injunction by holding that actual physical possession was not given and only symbolic possession was given...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Reliance on earlier decision - Suit for Permanent Injunction by Mandir through Mahant - Courts below relied on findings recorded in some other litigation - Granted interim injunction holding that prima facie Mahant entitled to manage properties of Mandir - Orders challenged on ground that appeal..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must indicate the ground(s) pleaded..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Notice - Service of - Exemption - Leave of Court - Suit against Govt. or a public officer - Service of notice is imperative except where urgent and immediate relief is to be granted by the Court, but with the leave of the Court - Leave of Court is the condition precedent - Leave must precede the institution of the suit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - For grant of ad interim injunction Court has to consider three aspects viz. (i) prima facie case, (ii) balance of convenience and (iii) irreparable loss...........
