Registration Act, 1908, Section 17, 49 -- U, registered document - Admissibility - Document on the strength of which plaintiffs claimed their right of way over other land of defendants being unregistered, cannot be received as evidence for collateral purposes and held inadmissible, as recital therein with regard to conferment of right of way is not independent of or..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........
Indian Penal Code, 1860, Section 147, 148, 149, 120B, 332, 307 -- Un-lawful assembly - Criminal conspiracy - Property dispute - Accused formed an unlawful assembly to raise flag post over disputed land - Police force was deployed to diffuse situation - Crime committed in prosecution of its common object by pelting stones on police - Statement of officials witnesses duly..........
Indian Penal Code, 1860, Section 465, 468, 120B -- Reduction of sentence - Allegation that accused manipulated the revenue records and used manipulated documents in Civil proceedings in a suit with a view to grab the property for their personal benefits - Out of three accused, two died - Present accused is aged around 75 years - Accused has not retained any benefits..........
Land Acquisition Act, 1894, Section 4, 23 -- Land acquisition - Award by Lok Adalat - Warrants issued for recovery of interest amount - State sought to recall the said order - Said order was not an ex parte order and it was binding on State and the same not having been challenged has to be given effect to for realization of decretal amount from the State - Appeal..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 753 and 740 days in filing and re-filing appeal - Acquisition of land - Courts adopt liberal approach in land acquisition cases, as land losers are persons who hail from villagers and who are not aware of legal intricacies and requirement of law - Moreover, it would be really harsh on the appellant if delay..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Acquisition proceedings - Applicant by way of additional evidence sought certain documents on the issue of land user of premises i.e whether it is residential or commercial - Said documents might have a bearing on final pronouncement, thus it cannot be rejected, merely on the ground..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 10(5), Urban Land (Ceiling and Regulation) Repeal Act, 1999, Section 3(2)(a) -- Surplus land - Vesting in State Government - All requisite actions contemplated under the act taken in accordance with law well before the enactment of Repeal Act and surplus vacant land stood vested with the State Government - If any..........
Land Acquisition Act, 1894, Section 4, 6, 48 -- Acquisition of land - Land acquired for public purpose but diversified for private purpose - Effect - Transfer of title of land, in favour of builder, seeking release of land for colonization - Resulting into gross abuse of law on account of unholy nexus of concerned authorities and builder for enabling builder to profiteer -..........
Land Acquisition Act, 1894, Section 4, 6, 48 -- Land acquisition - De-notification of land - Land acquired heavily built up and would involve massive demolition and cause hardship to occupant of land - Acquisition proceedings set aside - Since petitioner is carrying out commercial activity at the land in his alleged possession contrary to the permitted land use as such..........
