Bangalore Development Authority Act, 1976, Section 38A, 2(bb) -- Allotment of civic amenity site - Petrol pump is civic amenity duly notified in terms of S.2(bb) of the Act - Once no specific purpose is shown for disputed land, allotment of such land by BDA for another civic amenity i.e. petrol retail outlet is permissible...........
Civil Procedure Code, 1908, Section 151, 152 -- Clerical mistake - Correction as to clerical mistake in reference petition as well as in the award of Land acquisition proceedings - Can be rectified by way of invoking powers u/ss 151, 152 CPC - Application allowed...........
Acquisition of land -- Compensation - Land acquired and compensation paid by Army - Long drawn litigation - All parties agreeing that initiation of process under Land Acquisition Act - Matter remitted to District Judge - Directions issued...........
Himachal Pradesh Ceiling on Land Holdings Act, 1972‎, Section 4(6) -- Holding of land - Permissible area - Even if respondents/family were holding property in their respective individual capacity as a person, land held by them would be taken into account for the purpose of calculating the permissible area - However, there is one exception in case of an adult son of a..........
Himachal Pradesh Ceiling on Land Holdings Act, 1972‎, Section 4(4) -- Holding of land - Permissible area - If a person has more than one adult son, all would be treated as separate unit individually but subject to condition that aggregate land of family and that of separate units put together shall not exceed twice the area permissible...........
, Rule 16 - - Holding of land - land acquire in excess of permissible area - When any person/landowner acquires or succeeds land which is in excess of permissible area after commencement of the Act, such land holder has to file separate return to Collector...........
Government Grants Act, 1895, Section 2, 3 -- Mortgage of Nazul land - Validity of - Nazul land given to company by way of lease - However, said land was further mortgaged by company to bank against loan - No sanction of State taken by company before mortgaging nazul land - Since, such sanction is mandatory, therefore, resulting into violation of terms of lease deed -..........
Constitution of India, 1950, Article 14 -- Doctrine of legitimate expectation - Creation of invalid mortgage of Nazul land in favour of bank against loan by lessee Company - Bank obtained mortgage decree in case where State was not even party - State is the title holder in case of said Nazul land - In absence of any legal relationship between bank and State - Bank cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of ganja without any authority or licence - Ownership of field where ganja is cultivated not a pre-requisite or an ingredient to prove the cultivation in as much as a person can cultivate a land belonging to others having no ownership on the land, can commit the crime by planting the..........
Hindu Succession Act, 1956, Section 14(1) -- Property of a female Hindu - Mother of plaintiffs became owner of suit land by way of a decree suffered in her favour by her husband - It cannot be said that suit land was ancestral property - By virtue of S.14(1) of Act, mother of plaintiffs became absolute owner of suit land by way of civil Court decree passed in her favour...........
