Civil Procedure Code, 1908, Section 11 -- Res judicata - Three suits for declaration filed in respect of same land - Two suits of respondents decreed and such decree attained finality as petitioner failed to prefer any appeal against the same - However, suit of petitioner dismissed and an appeal filed against the same - Since decree in favour of respondents attained..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Subsequent purchaser - Purchase of land after passing of award and possession taken by State - Held, purchaser cannot acquire any rights against State except right of seeking and receiving enhanced compensation...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Quashing of acquisition proceedings at the instance of one or two landowners - Does not have the effect of nullifying the entire acquisition - Moreover, in the absence of a specific prayer having been made with regard to quashing of proceedings, neither High Court nor Supreme Court can quashed the entire..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Subsequent purchaser - As the Land Acquisition Act is applicable to State of Tamil Nadu, it does not preclude land owners from entering into sale transactions during ongoing acquisition proceedings - But as long as acquisition proceedings are not invalidated, any agreement creating or altering or..........
West Bengal Estates Acquisition Act, 1953, Section 6(1), 6(3), West Bengal Land Reforms Act, 1955, Section 14Z -- Writ petitioner held land comprised in mill and factory measuring about 4.54 acres - Well within ceiling under both Acts - S.6(3) of 1954 Act and S.14Z of WBLR Act apply to land beyond ceiling limit - Writ petitioner holding land, well within ceiling limit, u/s..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 11 -- Lapse of acquisition proceedings - If the Award is over five years old and compensation has not been paid or possession of land has not been taken, acquisition proceedings deemed to have elapsed - In the..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 - - Lapse of acquisition proceedings u/s 24 of 2013 Act - If possession of acquired land has not been taken owing to interim Orders passed in this regard the acquisition may be protected and insulated from the purpose and intendment of S.24 of 2013 Act -..........
Rajasthan Tenancy Act, 1955, Section 42 -- Sale by Scheduled Caste to non-scheduled caste - Restriction on - Housing society entered into agreement to sell land with khatedars - Since, khatedars are `Bairwa', which is Scheduled Caste are entitled to protection u/s.42 of the Act - Therefore, transfer through agreement to sell is void...........
Rajasthan Tenancy Act, 1955, Section 42 -- Sale by Scheduled Caste to non-scheduled caste - Restriction on - Expression `Person' used in S.42(b) of the Act is restricted to only natural person - Housing society entered into agreement to sell land with khatedars (Scheduled Caste) - Merely because some members of society are Scheduled Caste, would not make transaction of..........
Rajasthan Land Acquisition Act, 1953, Section 4, 18, Rajasthan Tenancy Act, 1955, Section 42 -- Acquisition of land - Compensation claim by society - Entitlement of - Land cannot be transferred in view of mandate u/s.42 of the Act and said transaction is also unlawful in view of S.23 of Contract Act - Since sale from Scheduled Caste to non-Scheduled is void - Therefore,..........
