Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for mandatory injunction directing defendants to execute a fresh agreement to sell in accordance with the agreement of sale and get the same registered and deliver the same to plaintiff - Ad interim injunction also sought on the plea that defendants are negotiating for selling the land in..........
Consent decree -- General Power of Attorney holder - Power to sell or enter into a compromise given - Does not include the power to transfer the suit property by way of consent decree - Power to sell or enter into a compromise is different from power to transfer the property by way of consent decree as sale of land is against consideration and a compromise in a suit is in..........
Wakf Act, 1954, Section 56 -- Lease of land by Wakf Board - Lessee allowed to raise construction after the execution of lease deed - Board accepted rent at a revised rate from lessee even after the expiry of lease period - Held, lease deed not void - There was implied consent of Board to the lease executed by the Secretary to the Board - The action of the Secretary stood..........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 73 -- Displaced Persons (Compensation and Rehabilitation) Act, 1976 - Allotment/transfer of land in excess to lawful entitlement - Held, a displaced person who is in possession of an excess land does not have a vested right to insist that the excess land should only be sold to him - If a displaced person has no..........
Sikh Gurdwaras Act, 1925, Section 142 -- Dispute regarding second/Parallel Gurdwara set up on the land of notified Gurdwara - Held, petition u/s 142 of the Act maintainable - Not only the land underneath Gurdwara building has been notified but also the land appurtenant to Gurdwara building is also notified...........
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 14 -- Acquisition of land - Classification of constructions - Validity - State classified constructions into three categories i.e. A, B and C and thereafter leaving A type construction from acquisition and acquired land having B and C type constructions - Held, sparing land whereupon A type..........
Land Acquisition Act, 1894, Section 6, 5A, Constitution of India, 1950, Article 300A -- Acquisition of land - Non-consideration of report of LAO submitted u/s.5-A of the Act in right perspective - Effect - Held, state is required to apply its mind not only on objections filed by owners of land but also on report and record of proceedings submitted by LAO u/s.5-A of the Act..........
Constitution of India, 1950, Article 14, Land Acquisition Act, 1894, Section 4, 6 -..........
Land Acquisition Act, 1894, Section 9, 11 -- Acquisition of land - Compensation - Acquisition challenged on the ground that notice u/s 9(3) not served - Held, provision of S.9(3) is not mandatory and not fatal to the acquisition - Even otherwise notice in the instant case was affixed on the land of the appellant which satisfied the requirement of S.9 of the Act - Moreover..........
Land Acquisition Act, 1894, Section 18 -- Acquisition - Compensation - Award challenged after 10 years - High Court extended the period of limitation to make reference u/s 18 of the Act - Order not valid - High Court lacks competence to extend such period...........
