Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction - Setting aside - J.D never shown his fairness in entire proceedings - Objection that even by sale of lesser area of his land, Decree Holder will get his dues, not raised at the time of issuance of sale proclamation - Objection ought to have been raised at the stage when property in question was to be sold by auction..........
Muhammadan Law -- Gift - Actual physical possession may not be always necessary if there is constructive possession of donee - Possession can be shown not only by enjoyment of land and premises but also by asserting who has the actual control over property...........
Muhammadan Law -- Gift - No evidence on record that donor had given actual physical possession to donee or donee was in constructive possession of land in question - No proof that land was mutated in favour of donee by revenue authorities - Donee was also not in possession of title deeds - Donee pleaded that she had been collecting rent from tenants inducted by donor but..........
Maharashtra Regional and Town Planning Act, 1966, Section 126(1)(a), (b), (c) -- Claim for Transferable Development Rights (TDR) - Rejection of - In instant case acquisition of land took place under Land Acquisition Act - DCR N-2.4.17 would also allow TDR for acquisition under Land Acquisition Act upon invocation of S.126 (1)(c) of the Act - Rejection of claim to TDR under..........
Specific Relief Act, 1963, Section 37 -- Co-sharer - Other co-sharer cannot be restrained from raising construction over a portion of which he is in exclusive possession - Being in exclusive possession, he is legally entitled to protection of his possession until joint land is partitioned...........
Land Acquisition Act, 1894, Section 18(2)(b) -- Reference to court - There is no indication in statue that receipt of compensation amount is a pre-condition for filing of an application u/s 18 of Act...........
Land Acquisition Act, 1894, Section 18(2)(b) -- Reference to Court - Merely because there is an entry in the application form which requires the applicant to state whether he received the compensation amount under protest or not, it does not follow that compensation amount should actually have been received by the applicant before preferring an application u/s 18 of the..........
Land Acquisition Act, 1894, Section 18(2)(b) -- Reference to court - Limitation - Six weeks period as contemplated u/s 18(2)(b) of Act must necessarily be computed from the date of receipt of notice from Collector u/s 12(2) as provided in said section...........
Land Acquisition Act, 1894, Section 4, 23(1A), 23(2), 28 -- Acquisition of land - Enhancement of compensation - Acquired land is situated within developed area and has acquired potential value to be utilized for both residential and commercial purposes - Moreover, deduction can be determined after carefully considering size of land, nearness to developed area - Having..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21 -- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in..........
