Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint Family coparcenary property - Plaintiff failed to prove that suit land was joint Hindu family coparcenary property - Scanty revenue record was produced by plaintiff which by itself does not establish version of plaintiff - Execution of Will in favour of defendants stands..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(f), Indian Penal Code, 1860, Section 447 -- Offence u/s 3 of SC/ST Act and S.447 IPC - Place of occurrence was stated to be house, while all the witnesses spoke of the alleged incident having occurred in the field, which was the disputed land - In any event, there is..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration and permanent injunction - Agricultural land - Claimant seeking a declaration of khatedari right is barred from filing a civil suit prior to their khatedari right being declared by a revenue Court when relief sought from civil Court includes determination of khatedari right...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs who are sons and daughter of defendant have filed civil suit during life time of their father - Mutation entries are not in the name of plaintiffs - So..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs are not a recorded tenant and now during pendency of civil suit they have filed revenue suit to declare their khatedari right - Right of plaintiff..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not only as regards possession but is also as regards extent and boundaries of their land - Defendants have no objection for appointment of Local Commissioner - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Respondents are lis pendens purchasers - Original defendant as well as his wife who sold the land to respondents are no more and their grand children who prosecuted proceedings might not be interested in pursing the proceedings - Lis pendens purchasers can be impleaded as parties -..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Appellant who is running factory on land in question, has not obtained a valid Change of Land Use (CLU) certificate - For establishing a factory or any other commercial development being valid, a CLU is a prerequisite, in the absence of which running a factory on the said land cannot be validated so as to include..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Release of subject land will affect the entire planning of land acquired under Notification - Land in question is abutting institutional Plot, 18-meter-wide road and 30 meter green belt - Release of land would affect the green belt/road and thus, prayer for release of land rejected...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Writ petition - Res judicata - First writ petition was not for release of land - Second writ petition was withdrawn because appellant's representation was pending, and present writ petition has been preferred, after his representation was rejected, impugning rejection order - Thus, appellant's request for release..........
