Constitution of India, 1950, Article 300A, Manipur State Hill Peoples Regulation, 1947, Section 60, 61 -- Acquisition of land by government - Compensation - As per evidence on record, petitioners were having right of ownership over the land on which diversion road was constructed without resorting to provision of the Land Acquisition Act - Therefore, petitioner are..........
Land Acquisition (Amendment) Act, 1984, Section 15, 30(2), Land Acquisition Act, 1894, Section 23(2) - - Applicability of amended provision as to 30% solatium and 15% interest on the amounts due in pending cases and any award made between 30.4.1982 to 24.9.1984 - As there is no conflict with regard to S.30(2) of Amendment Act, therefore, claimants are entitled to solatium..........
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 3(1)(2) -- Detention - Detenu not furnished copies of bail orders, which was relied upon by detaining authority - Detenu deprived of his right of representation - Detention order set aside...........
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 3(1)(2) -- Detention - Grounds or reasons which led to subjective satisfaction of detaining authority if no, existent or misconceived or irrelevant, then, order of detention will be invalid...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Senior citizen - Transfer of property in favour of two daughters - Agricultural land - Transfer made for the services being rendered by daughters in favour of senior citizen - However, transfer deed is totally silent regarding the provision of basic amenities and basic physical needs to..........
Transfer of Property Act, 1882, Section 106 -- Notice - Where the case of plaintiff is that defendants are trespassers into suit land and not the tenants as on date of suit, question of their issuing quit notice u/s 106 of Act does not arise...........
Registration Act, 1908, Section 17, 72 -- Sale deed - Refusal to register - Power of Registrar - If sale deed, validly executed with proper stamp paper is presented before registering authority then he is required to satisfy himself in terms of the provisions of 1908 Act and any other circulars and guidelines issued by land reforms department to conclude that whether the..........
Specific Relief Act, 1963, Section 34, Assam Land and Revenue Regulations, 1886, Section 8 -- Suit for ownership of land - Acquisition of title - Burden of proof - State being owner of immovable properties, private persons are only settlement holders u/s 8 of 1886, Act - Neither Jamabandi nor any other document was produced to show plaintiff's claim over property - In the..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 114 -- Suit for ownership of land - Registered sale deed - Presumption of existence - Defendants claimed that original owner executed sale deed in their favour but they did not step in witness box to prove same - More so, alleged sale deed was never produced to show that the same was signed by original..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1873 days in filing appeal - Acquisition of land - Appellant a villager who can be given the benefit of doubt of his not being in know of the fact that an appeal was required to be filed - More often than not, the land holder/land loser in cases of compulsive acquisition by the State are rustic villagers..........
