Specific Relief Act, 1963, Section 37, 38 -- Permanent Prohibitory injunction - Restraining defendants not to encroach or raise any sort of construction over vacant portion of suit property - Plaintiff proved that he was owner-i, possession of suit land, as he purchased the land from father of defendants on the basis of registered sale deed - One karam of land which is..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 27 -- Appointment of local commissioner - Demarcation of suit land - Demarcation report was already carried out strictly as per statement of PW3 - Objection to demarcation report was not filed by defendant no.1 - At this belated stage, appointment of Local Commissioner cannot be..........
Hindu Law -- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only manner in which an outsider can get possession is to sue for..........
Land Acquisition Act, 1894, Section 11A, 17(1), 48(1) -- Denotification of acquired land - High Court issued directions to authorities without determining the questions arising from pleadings before it - Appellants claiming themselves to be landowners not arrayed as parties before High Court - Several issues have been raised that need to be suitably and articulately..........
Arbitration and Conciliation Act, 1996, Section 9 -- Petition u/s 9 of Act - Leave to file - Jurisdiction of Court - Dispute as to possession of land - It would conceptually fall within the category of `suit for land' as engrafted u/clause 12 of Letters Patent (as applicable to Bombay High Court) - It is difficult to accept that it is money claim and therefore Bombay High..........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Acquisition of land - Possession taken and compensation paid to respondents - Suit dismissed...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendants permanently from constructing road over suit land or changing its nature - Plaintiffs have not come to Court with clean hands - It was for plaintiffs to plead that road was constructed in 2000 and plaintiffs were out of possession at the time of filing of suit - Virtually..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Effect of Ordinance 2014 by which S.24(2) Second Proviso was inserted - Ordinance purported to take away an accrued right as recognized by S.24(2) of Act, has to be treated as prospective unless legislative intent was clearly to give it retrospective..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 4, 6 -- Compulsory acquisition of land - Lapse of acquisition proceedings - Neither compensation paid to land owner nor it was deposited in Reference Court - Deposit of compensation in Government Treasury after Act..........
U.P.Land Revenue Act,1901 -- Provisions of O.22 CPC apply to proceedings under U.P. Land Revenue Act, 1901...........
