Hindu Succession Act, 1956, Section 20 -- Child in womb - Rights - Enumerated - (i) A child in the womb is entitled to a share in co-parcenary property of an undivided Hindu joint family; (ii) The child is entitled for a share in the joint family property when born alive and not otherwise; (iii) On behalf of the child in the womb no partition suit is maintainable; (iv) In..........
Land Acquisition Act, 1894, Section 11 -- Land acquisition - Compensation - Plea repelled that when a compact piece of land is acquired there cannot be adoption of separate rates...........
Land Acquisition Act, 1894, Section 18, 23 -- Determination of market value of acquired land - Auction sale - Element of competition in auciton sales - Makes them not safe guides while determining the compensation payable - High Court rightly discarded auction sales...........
Civil Procedure Code, 1908, Section 11 -- Appellant was litigating on the basis of title acquired by her from `K' - Exparte decree passed against `K' in a former suit - Appellant not party in the former suit - By virtue of the ex parte decree passed in the former suit, the subsequent suit filed by the appellant is hit by resjudicata...........
Land Acquisition Act, 1894, Section 23 -- Determination of market value - Sale instances - Land acquired for construction of PWD stores - Reference Court enhanced compensation to Rs. 10, 000/- per acre -Appellants claiming compensation @ Rs. 50/- per square yard - Sale instances of land sold at higher price in area relied. Held - Sale instances not comparable. Land..........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Notification for acquisition of land - Collector assessed compensation - Reference against Award of Collector by one of the claimants - Claimant `MPS' fail to produce material evidence on record - Reference dismissed by Tribunal - Award of Tribunal upheld by High Court and Supreme Court - Reference by other claimants..........
Constitution of India, 1950, Article 226, 227, Punjab Town Improvement Trust Act, 1922, Section 65 -- Land acquired - Award by Collector - Reference to Tribunal - Award by Tribunal - Challenge in writ jurisdiction - Scope of interference - High Court not to exercise appellate jurisdiction - High Court may proceed to interfere where the impugned orders discloses an apparent..........
Land Acquisition Act, 1894, Section 23, Punjab Town Improvement Trust Act, 1922, Section 36, 42, 65 -- Belting system - When applicable - The Court or the Collector resorting to belting of acquired land must ensure the existence of material evidence that would lead to an inference that different market rates prevail in different parts of acquired land - The absence of any..........
Land Acquisition Act, 1894, Section 23, Punjab Town Improvement Trust Act, 1922, Section 36, 42, 65 -- Determination of market value - Belting system - Collector divided land into five categories and awarded separate compensation for each category - Belting system applied by Collector, upheld by the reference Tribunal - No material to arrive at a conclusion that different..........
Land Acquisition Act, 1894, Section 23, Punjab Town Improvement Trust Act, 1922, Section 36, 42, 65 -- Determination of market value - Acquired land within municipal limits - Courts should generally award a single rate for the entire land - Case law discussed...........
