Land Acquisition Act, 1894, Section 28A, 25 -- Acquisition of land - Compensation - Large tracts of land acquired belonging to various land owners/villagers - High Court awarded compensation @ Rs.297 p.sq yard - However, High Court limited the compensation to Rs.115 p.sq yards qua appellants, as they demanded at that rate and paid the Court fees accordingly - It is the..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Scope - Intendment of Act 2013 is not to revive stale and dead claims and in the concluded case when rights have been finally lost - If there is delay and laches or claim is otherwise barred, it is not revived u/s 24(2) of the Act - Provision does not..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Stale claim after 105 years of acquisition - Claim made not only belatedly, but neither petitioners nor their previous three generations in writing claiming compensation - Claim appears not only stale and dead but extremely clouded - Case liable to be..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 -- Consolidation proceedings - Jurisdiction of civil Court - Suit for declaration - Maintainability - Is not maintainable as S.49 of the Act bars jurisdiction of civil Court to adjudicate upon dispute of rights and title relating to land included in consolidation..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Revenue record by way of additional evidence sought to be produced for proving plea that suit land was ancestral - Since revenue record would be coming from proper custody and there would be no scope of any fabrication thereof, no prejudice is likely to be caused to other party,..........
Indian Penal Code, 1860, Section 307, 323, 325, 148, 149, 447 -- Offence u/ss 307, 323, 325, 148, 149, 447 IPC - Different versions given by different witnesses as regarding head injury given to injured - This creates a serious suspicion regarding prosecution story - Offence punishable u/s 307 IPC not proved beyond reasonable doubt - As regarding other offences, since..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Comparable sale deeds - Four sale deeds taken into consideration by High Court - However, reliance laid on subsequent sale deeds - Since it was agreed between parties that subsequent sale deeds were bonafide and can be taken into consideration, consideration made by High Court cannot be disturbed -..........
Calcutta Municipal Corporation Act, 1980, Section 174(1), 174(2), 178(2)(i)(ii) -- Assessment of premises - Determination of Assessment of building and land - Separate assessment - S.174(1), (2) of the Act operate in separate field - (i) `land or building' (ii) `open land with no building thereon' both cannot be clubbed - Building has some appurtenant land then such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate the words `along with structure' - Plaintiff merely wants to rid the plaint of this vagueness by incorporating a specific averment in description that suit premises consists of plot of land with structure - Omission was due to typing mistake - Defendant's..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Relief of declaration is sought by way of amendment - Plaintiff pleaded in plaint that defendant has no right, title and interest and there is effort to encroach upon certain portion of land owned by plaintiff - Plaintiff also prayed for decree..........
