Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of seven cannabis plants from bari of accused - Neither it is stated as to what was the size of that bari and its area nor Revenue Inspector has whispered about it - Even, there is no evidence on record to prove that accused has cultivated the cannabis plants or that such growth of the plants was..........
Land Acquisition Act, 1894, Section 4, 6, 18, 23 -- Land acquisition - Compensation - Value of building - Guess estimate is not warranted when material evidence in the shape of valuation report is available on record - No rebuttal evidence adduced by respondents - High Court committed error in resorting to guess estimate for reducing the value of building - Impugned order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from interfering in possession of plaintiff - Possession of plaintiff over land in dispute not proved - Permitting defendant to use the land in dispute for brick kiln prima facie proved - Plaintiff could not prove his prima facie case for grant of interim injunction - Balance..........
Transfer of Property Act, 1882, Section 108 -- Tenancy - Destruction of building alone does not determine tenancy when land which was site of building continues to exist - In the event of tenancy having been created in respect of a building standing on the land, it is the building and the land which are both components of the subject-matter of demise and destruction of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right to way - Restraining defendants from obstruction - Nothing to establish the easementary right of plaintiff - Commissioner's report shows that no such way exists which is alleged to be used by plaintiff as approach land to their field - Contention of defendant that plaintiff is using land of his..........
Foreign Exchange Regulation Act, 1973, Section 31(1) -- Restrictions on acquisition, holding etc. of immovable property in India by a person who is not citizen of India - Plaintiffs could not have purchased any immovable property situated in India without seeking prior permission of Reserve Bank of India - Even a joint venture company could not have purchased the same..........
Evidence Act, 1872, Section 35 -- Khasra entries - Do not convey title of suit property as the same is only relevant for the purposes of paying land revenue and it has nothing to do with ownership...........
Partition suit -- Terms of perpetual lease of land underneath the property prohibiting partition thereof do not prevent the superstructure from being partitioned...........
Land Acquisition Act, 1894, Section 28 -- Land acquisition - Delay in payment of compensation - Interest on excess amount - Court awarded enhanced compensation but such amount was deposited in Court after expiry of one year - Appellants, held, entitled to interest @ 15% p.a...........
Land Acquisition Act, 1894, Section 23(1A) -- Acquisition - Enhanced compensation - Provision of S.23(1A) of Act is mandatory and cannot be overlooked - Appellants entitled to 12% enhanced compensation for the period commencing from the date of publication of notification u/s 4 of Land Acquisition Act...........
