Agreement to sell -- Specific performance - Non-description of land in agreement - Agreement in question vague, uncertain, ambiguous and evasive because no description of land proposed to be sold given in agreement - Decree of specific performance not granted on the basis of such agreement to sell in the absence of specific details of suit land...........
Forest (Conservation) Act, 1980, Section 2, Easement Act, 1882, Section 13 -- Forest land - Claim for easementary right of way - Suit for declaration of title and permanent injunction - Oral and documentary evidence on record proves that plaintiff has violated the provisions of S.2 of the Act and has used the forest land as a easmentary right of way in utter violation of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x), Indian Penal Code, 1860, Section 323, 341 -- Conviction - No explanation for delay in lodging FIR - PW7 was declared hostile - Accused was annoyed with complainant due to land dispute and pending mutation proceedings - Injury caused not on account of complainant belonging to lower..........
Indian Penal Code, 1860, Section 302, 307, 506 -- Double murder - Death sentence - Accused was also convicted earlier u/s 304(i) IPC - Though accused killed two women in brutal and gruesome manner but there is also a mitigating circumstance in favour of accused that motive was due to land dispute and occurrence was proceeded by a quarrel - It is not a rarest of rare case..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ad interim injunction - Status quo order - Trial Court issued interim injunction directing parties to maintain status quo over land in dispute till next date for final disposal of application - Though Court empowered to grant injunction even without notice to defendant, however, once the objection against application was on..........
Electricity Act, 2003, Section 177 -- Central Electricity Authority (Measures relating to Safety and Electricity Supply) Regulations, 2000, Regn.63 - Erection of high tension power line - In the surrounding area adjacent to the house of the petitioner through which the high tension wires has been passed there is a petrol pump, LPG gas godown which is highly inflammable and..........
Transfer of Property Act, 1882, Section 54, 8 -- Transfer of ownership - Registered sale deed - Incorrect description of structure standing on land - Does not vitiate sale, if boundaries are given and they are definite, land that is conveyed is the land situated within those specific boundaries along with structure standing on it - If vendor had no intention to sell some..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Perusal of record reveals that plaintiff had no knowledge of acquisition of land in question before commencement of trial - Amendment sought as soon as knowledge gained - Amendment necessary for just decision of case and to shorten litigation - No malafide intention -..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney - Executed for management of property of plaintiff, but he nowhere authorized attorney holder to suffer a consent decree of his land in favour of anyone - Suffering of consent decree by attorney holder of a major chunk of land owned by plaintiff in favour of nephew of plaintiff, cannot be said to be an act..........
Registration Act, 1908, Section 17 -- Registration - Conferment of right of way upon plaintiffs over other land of defendants to use it as a way to have access to land sold to them by way of document of sale, amounts to creation, declaration, assignment, limitation or extinguishment of a right, title or interest to or in an immovable property within the meaning of..........
