Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction - Agricultural land - A recorded tenure holder having prima facie title in his favour cannot be directed to approach Revenue Court for seeking relief of injunction - Suit for injunction is thus, maintainable before a Civil Court...........
Agreement to sell -- Specific performance - Limitation - Registered sale deed was to be executed on or before 10.2.1992 and condition of getting land demarcated was not the condition precedent for execution of sale deed - After execution of agreement, first notice was issued on behalf of plaintiffs in the year 2006 whereas suit has been instituted in 2012 - Suit filed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Encroachment - Plaintiff never applied for demarcation or got her land demarcated - Defendant got the land demarcated and husband of plaintiff had admitted such demarcation to be correct - Courts below rightly concluded that since plaintiff never applied for demarcation of land and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Defendant encroached upon suit land and built a shop - Said facts can only be clarified by way of Commissioner's report - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession - Defendant in his written statement stated that his wife is owner in possession of suit land - In absence of wife of defendant no effective decree for possession could be passed - Presence of wife of defendant is very much necessary for complete and effective adjudication of suit..........
Civil Procedure Code, 1908, Section 24 -- Transfer of Land Acquisition case - Land Acquisition, Rehabilitation and Resettlement Authority not a Court subordinate to High Court within meaning of S.24(1)(a) of the Code, though may be regarded as Tribunal subordinate to High Court for the purpose of superintendence under Article 227 of the Constitution - Transfer application..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Purpose for which acquisition of land is made is also a relevant factor for determining market value...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement - Acquisition is solely for purpose of excavation of coal and entire land is acquired on basis of estimates of coal reserve identified - Entire land is to be mined and used and no further development activity is required - High Court in such circumstances committed erred in deducting..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Number of submissions were made by parties on merits in support of their respective claims for allotment of land in question as project affected persons - However, since High Court has not at all decided claims of respective parties on merits, matter remanded back to High Court...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - High Court set aside order of Deputy Collector solely on the ground that orders were passed by Deputy Collector without jurisdiction and therefore same is coram non-judice - However, Deputy Collector was directed to take a fresh decision pursuant to order passed by Division Bench - High Court therefore, ought..........
