Land Acquisition Act, 1894, Section 5A -- Objections u/s 5A can be raised on the following grounds - (i) Purpose of acquisition - not a public purpose, (ii) Even if it is a public purpose - land of objector not necessary, (iii) Even if the land is necessary for public purpose, in view of special facts and situation pleaded by objector the land of the objector is fit to be..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Release of constructed portion - Matter of policy and not of law - Challenge to the notifications for acquisition of land - Release of land on which houses constructed sought - Land acquired for planned development - Construction raised in a haphazard manner..........
Co-sharer -- Sale of specific portion of a khasra number by a co-owner out of a joint khewat would be a sale of a share out of joint land -Bhartu's Case 1981 PLJ 204 FB and Mange Ram's Case 2001(2) PLJ 441 SC relied...........
Succession Act, 1925, Section 383 -- Revocation of succession certificate - Succession certificate granted on the basis of natural succession - Revocation sought - Petitioner claiming estate on the basis of Will registered after the death of testator - Revocation declined - Proceedings for grant of succession certificate summary in nature - Petitioner to get his rights..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition filed u/s 163-A of Motor Vehicle Act - In original petition, income alleged Rs.5, 000/- p.m. - Amendent sought to plead income less than Rs.40, 000/- p.a. - Tribunal relying on Deepal Girishbhai Soni's case, AIR 2004 SC 2107 declined amendment - Judgment not applicable - Amendment permitted with..........
Criminal Procedure Code, 1973, Section 202(2), 156(3) -- Proviso - S.202(2) Proviso does not bar Magistrate to order investigation by police u/s 156(3) Cr.P.C. before taking cognizance - Order passed by Magistrate forwarding complaint to police for investigation of an offence u/ss 323, 294, 506-B and 427 IPC and u/s 3(1)(x) of SC & ST (Prevention of Atrocities) Act - No..........
Haryana Municipal Act, 1973, Section 95, Punjab Municipal Act, 1911, Section 84, 86 -- House Tax - Jurisdiction of Civil Courts - Recovery of arrears of House Tax challenged in civil suit - All questions relating to assessment of House Tax, to be examined by Authorities under Municipal Act - Jurisdiction of Civil Court barred u/s 95 of the Haryana Municipal Act. AIR 1979..........
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89 -- Enlargement of time - Suit for specific performance of agreement decreed - Comprise effected between parties during execution - Decree to stand fully satisfied and adjusted on payment of Rs.1.00 lac on specific date - Judgment Debtor deposited Rs. 80, 000/- on the specified date - Sought extension of time to..........
Hindu Law -- Joint Hindu Family property - Alienation by Karta - Right of Coparcener - A co-parcener has a right to challenge the alienation - He has no right to interfere in the act of management of the joint family affairs - Right to obstruct alienation is different from right to challenge the alienation. AIR 1988 SC 576, Sunil Kumar's case relied...........
Land Acquisition Act, 1894, Section 4, 6, 23 -- No bar on acquiring residential houses - Notifications for acquiring land for extension of existing grain market - Writ Petition for quashing notifications - Prayer made for release of land on which house is constructed - Under the Act, State has statutory right to acquire land for public purposes along with super structure,..........
