Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Enhancement - Comparable sale instances - Acquired land in Municipal area whereas comparable land in Panchayat area - Both the lands are in close proximity - If the land is otherwise comparable, merely because witness was not factually correct on description, evidence cannot be discarded, as in..........
Indian Penal Code, 1860, Section 420 -- Cheating - Sale of land to complainant - Sale of land thereafter to third party - Accused had no right to sell deed in favour of third party as he was well aware of the fact that he was no longer owner of land - Accused committed the offence of cheating - Conviction upheld - However, taking into account the fact that accused is 80..........
Adverse possession -- Suit for possession - Defendant in his averments admitted of taking over possession of suit land deeming it Lavaris and Faltu - Possession of defendant thus was not adverse but illegal in nature - Plea of adverse possession rejected - Plaintiff proved its ownership on the suit land - Suit rightly decreed in favour of plaintiff...........
Court Fees Act, 1870, Section 7(vi), Suits Valuation Act, 1887, Section 3 -- Court fee - Suit seeking relief of pre-emption - Plaintiffs are required to value the relief at 20 times the land revenue - Order directing payment of ad valorem Court fee in respect of reliefs claimed in suit is not proper...........
Land Acquisition Act, 1894, Section 9, 10, City of Mysore Improvement Act, 1903, Section 16(1), Karnataka (Regularization of Unauthorised Constructions in Urban Areas) Act, 1991 -- Acquisition of land - Legality and validity of acquisition and allotment of land to society - Under the 1903 Act, requirement of existence of land development scheme prior to publication of..........
Constitution of India, 1950, Article 226 -- Writ - Delay - While exercising jurisdiction u/art. 226 of Constitution, High Court is not bound by any strict rule of limitation - If substantial issues of public importance touching upon fairness of governmental action do arise delayed approach to reach Court will not stand in way of exercise of jurisdiction by Court. (Para..........
Land Acquisition Act, 1894, Section 9, 10 -- Acquisition of land - Compensation - No encroachments may be in accordance with law - Acquisition under 1903 Act and the allotment of 55 acres of land to society is found to be contrary to law - Therefore, consequential orders of handing over of possession of entire land should normally follow - A large number of persons are..........
Orissa Estate Abolition Act, 1951, Section 3A, Shri Jagannath Temple Act, 1955, Section 30, 33 -- Settlement of land in favour of `Math' - Once a property is vested by an Act of Legislature to achieve laudable object, the same cannot be divested by enactment of any subsequent general law - Act will be defeated and interest of public at large will be affected - Thus,..........
Land Acquisition Act, 1894, Section 18(1) -- Acquisition of land - Reference application - Limitation - Acquisition proceedings finally confirmed by Court - Upon knowing of the fact that lands had been acquired by virtue of judgment delivered by Court, appellants filed application u/s 18(1) of Act - Application not be rejected as appellants filed it immediately after..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) - - Acquisition of land - More than five years lapsed but compensation not paid to landowners nor deposited in appropriate Court - Retention of compensation by Collector waiting for the landowners to make applications for the same, would not amount to..........
