Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5), Exception (iii), (viii) - - Shamlat deh - Exclusion from - Held, possession of Makbooza Malkan recorded in revenue record cannot be deemed to be individual cultivating possession of proprietor - In order to prove that case of appellant falls under Exceptions (iii) or (viii) of S.2(g)(5) of the Act of..........
Civil Procedure Code, 1908, Section 146, Land Acquisition Act, 1894, Section 28A -- Acquisition of land - Enhanced compensation - Right of co-sharer - Held, even a co-sharer who has not sought reference to court is entitled for enhanced compensation pro rata in accordance with his share in the acquired land...........
Civil Procedure Code, 1908, Section 9, 34 -- Interest - Land acquisition - Suit to recover amount by way of interest - Maintainability - Held, land acquisition proceedings initiated under the Act by issuing notifications u/ss 4 and 6 cannot be challenged by filing a suit since the Act is Code by itself and only remedy available to such aggrieved persons is to approach the..........
Land Acquisition Act, 1894, Section 18,4,6 -- Compulsory acquisition of land - Determination of market value - Where there are several exemplars with reference to similar lands, usually the highest of exemplars, which is bona fide transaction, will be considered...........
Land Acquisition Act, 1894, Section 18,9,6 -- Compulsory Acquisition of land - Determination of market value - Rule of annual increase for grant of higher compensation - Market value as per sale deed was Rs.1.40 lakhs per acre - Said sale deed was two and a half years prior to present acquisition - Court has been granting 10% to 15% increase p.a. - Hence, in the instant..........
Land Acquisition Act, 1894, Section 18,4,6 -- Compulsory acquisition of land - Determination of market value - Value of sale of small pieces of land can be taken into consideration for determining value of large tract of land but with a rider that Court while taking such instances into consideration has to make reasonable deduction keeping in view of other attendant..........
Land Acquisition Act, 1894, Section 28,4 -- Compulsory acquisition of land - Determination of market value - Plea that interest on solatium and additional market value was not granted - Held, interest awardable u/s 28 of the Act would include within its ambit both market value and statutory solatium - Person entitled to compensation awarded is also entitled to get..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 409, 506 -- Bail applications - Rejection of - Validity - Applicants were President, Secretary and Treasure of Housing Society - Land was sold by applicants without any proper authority - Land was sold as if land was private property of applicant "S" and not property of..........
Civil Procedure Code, 1908, Section 100 -- U.P.Z.A.L.R. Amendment Act, 1956 - Second appeal - Suit for possession of agricultural land filed in 1954 i.e. before 28.05.1956 - Held, it was maintainable before Civil court and even after amendment of the Act w.e.f. 28.05.1956 Civil Court retained the jurisdiction to decide the suit...........
Civil Procedure Code, 1908, Section 100 -- U.P.Z.A.L.R. Act - Second appeal - Suit for possession of agricultural land - Limitation - Suit was filed on 02.06.1954 within three years from the date of termination of licence through notice dated 15.07.1951 - Held, it was within time...........
