Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale instances - Land acquired in 1973 - Sale deed of 1974 is not having similar characteristics as the land in question, thus rightly discarded by Courts below - However, land covered under sale deed of 1971 is approximately having similar dimension and are situated in the same village -..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Plaintiff failed to prove as to how she applied the certified copy of sale deed, without prior knowledge that such a sale deed already exists - Even in consolidation proceedings an order was passed that on the basis of sale deed, name of defendants were entered in revenue records, which..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Material irregularity alone is not sufficient to set aside auction sale - JD has to go further and establish to the satisfaction of Court that material irregularity or fraud, as the case may be, has resulted in causing substantial injury to JD or in conducting the sale - It is only then sale so..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Setting aside - Proper publicity was given for auction sale in papers so also with the aid of beat of drums in locality - Details of valuation of property were duly mentioned - JD did not adduce any evidence nor brought any bidder to purchase the property for a higher price than purchase bid..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Constitution of India, 1950, Article 226, Maintainability of Public Interest Litigation Rules, 2010, Rule 2, 7 -- Public interest litigation - Locus standi - In the instant case, petitioner has not specifically mentioned as to what he is doing for living except that he is carrying on business of sale of tile and sanitary wares - Even, requirement for invoking PIL..........
Constitution of India, 1950, Article 226, Maintainability of Public Interest Litigation Rules, 2010, Rule 2, 7 -- Public interest litigation - Maintainability - Any person affected by transfer of plots by way of gift deed may seek invalidation of gift deed in accordance with law and not by way of PIL...........
Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - An oral partition or a Memorandum recording past partition had always been accepted by Courts, subject to proof - However, benefit of S.6(5) would not be available unless the partition had been effected by a registered deed or a decree of Court...........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts of issuing notice, reply notice and also final notice - Contention of plaintiff that original title deed not handed over to her also found to be false from her own statement - Entire pleadings as well as documents filed by both sides, clearly prove the fact that plaintiff has not come..........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts - Merely because plaintiff paid the entire sale consideration and also cleared the loan amount payable to Bank, that itself cannot be a ground to grant equitable relief to plaintiff, particularly when she suppressed the material facts from Court...........
