Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Refund of excess amount - If any excess of amount has been received by landowners than extent of compensation determined, excess amount in any event, is recoverable...........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Order of recovery of Rs.1 lakh from surety - Appellant is poor farmer of remote village - Nothing on record to show that appellant has not made sincere endevaours to trace and produce accused before Court - It would be onerous for appellant to deposit entire amount of Rs.1 lakh which if not paid his..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent findings of Courts below that plaintiffs are owners of suit property of which defendant is in unauthorized possession - Claim of defendant that he has became owner of suit land by way of adverse possession was considered and rejected - Suit was not found to be time barred -..........
Partition suit -- Barred by limitation - Part of suit land was acquired and defendant received the compensation - Plaintiffs have specifically pleaded on 16 July 2010 that they learnt that defendant has withdrawn the compensation amount - Defendant has not produced on record any material to show that plaintiffs were made known with respect to withdrawal of compensation..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused demanded bribe from decoy witness to effect mutation of his land - Conversation between accused and decoy witness in DVD proves that there was specific statement from the part of decoy witness to reduce the bribe amount - Though tainted notes were not..........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Land in question was given to plaintiff by way of maintenance by her husband - Possession of said land was also given to plaintiff - Plaintiff thus, by virtue of S.14(1) of the Act had become full owner thereof...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of damages caused due to illegal cutting of trees and for permanent injunction - First appellate Court after appreciating the ocular evidence on record concluded that trees standing on land of plaintiffs were cut by defendants - No perversity in said findings of fact - Suit rightly decreed -..........
Transfer of Property Act, 1882, Section 51 -- Scope - Applicability of the provision - In order to attract the provision occupant of land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the..........
Transfer of Property Act, 1882, Section 51 -- Encroachment of land - Structures made thereon, in absence of any title, at own risk - Encroacher cannot be treated as a `transferee' within the meaning of S.51 of TPA - Benefit of S.51 of the Act, thus cannot be given to encroacher...........
Suit for recovery of possession -- Encroachment - Mere fact that after making objection plaintiff took some reasonable time to approach Court for recovery of possession cannot be a reason to deny him relief of recovery of possession of encroached land on his establishing his title over it - Suit rightly decreed...........
