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Property Law Judiciary

Land Acquisition Act, 1894

 24 January 2011

A two Judge Bench of this Court in the case of Girnar Traders v. State of Maharashtra [(2004) 8 SCC 505] had considered the question whether all the provisions of the Land Acquisition Act, 1894, (for short, the ‘Land Acquisition Act’ or the ‘Central ..

Posted in Property Law |   4999 hits

Section 17 of the Land Acquisition Act, 1894

 18 January 2011

An extent of 24 acres in Survey No.24 of Peeram Cheruvu Village, Rajendranagar Mandal, Ranga Reddy District on the outskirts of Hyderabad was acquired for Andhra Pradesh Police Academy. For this purpose, a preliminary notification under section 4(1) ..

Posted in Property Law |   4956 hits

Land Acquisition Act, 1894

 04 January 2011

The appellants 1 to 6 were the owners of 38 bighas and 3 biswas of land in Hudbust No.1, Kasba Karnal. Their lands were acquired for development and utilization of land as residential and commercial area of Karnal under a preliminary notification iss..

Posted in Property Law |   4018 hits

The claim of the Person purchased property by Paying Amount should not be disturbed

 21 December 2010

Owner of Property - Determination thereof - Power of Appellate Court to interfere with the findings of Trial Court - Whether Plaintiff was the owner of the subject property and consequently his father was incompetent to enter into an agreement to sel..

Posted in Property Law |   2073 hits

Mere disheritance of one or more legal heirs does not cast doubt on the veracity of execution of Wil

 21 December 2010

Whether disheritance of one or more legal heirs cast doubt on the veracity of the execution of the Will ..

Posted in Property Law |   2172 hits

Section 52 of Transfer of Property Act, 1882

 11 December 2010

The appellant was the plaintiff in a suit for declaration of title and permanent injunction in regard to the suit property, that is, a plot measuring East to West : 49 feet and north south 81 feet, total extent of 3969 sq.ft (forming part of Natham S..

Posted in Property Law |   11403 hits

Section 3(b) of the Land Acquisition Act, 1894 (for short, ‘the Act’)

 10 December 2010

The case of the DDA is that its functionaries came to know about the impugned judgment only in June, 1999 when letter dated 3.6.1999 sent by the Land Acquisition Collector for release of Rs.14,15,82,253/- was received by the Member (Finance). Accordi..

Posted in Property Law 1 comments |   2857 hits

Section 4 of the Land Acquisition Act, 1894

 30 November 2010

As the facts and issues involved are similar and interconnected, we propose to dispose of all the appeals by this common judgment and order. However, we may record the facts of each of the cases separately and deal with the issues at one place as the..

Posted in Property Law |   4322 hits

Delay & Latches should not be condoned without proper explaination

 27 November 2010

Question of delay and laches in entertaining a writ petition having been filed after a lapse of 16 years of the date of Award without any explanation for the delay-Whether High Court was not justified in entertaining the writ petition? ..

Posted in Property Law 1 comments |   8121 hits

Section 4(1) of Land Acquisition Act, 1894

 23 November 2010

An area of 4.89 acres of land (which includes 54 cents in Survey No. 186/1 and 1.09 acres of land in Survey No. 186/2, in all 1.63 acres, which is the subject matter of this appeal) in Koyambedu Village, Chennai District was notified for acquisition ..

Posted in Property Law |   2679 hits

Section 4 of the Land Acquisition Act, 1894

 12 November 2010

This appeal is directed against judgment dated 18.5.2001 of the Division Bench of the Delhi High Court whereby the first appeal preferred by the appellants against the judgment of the learned Single Judge, who declined to nullify the acquisition of t..

Posted in Property Law |   3792 hits

Market Rate to be awarded in LA Award

 11 November 2010

Reference under Section 18 of the Land Acquisition Act and compensation of Rs.16,500/- for the trees against the reduced compensation of Rs.48/- per square meter-Whether the Reference Court was justified in fixing the market rate of the acquired land..

Posted in Property Law |   1505 hits

Section 4(1) of the Land Acquisition Act, 1894

 03 November 2010

This appeal arises out of the judgment and order dated 18th April 2001, delivered by a Division Bench of the High Court of Judicature at Madras, affirming the judgment of a Single Judge of the High Court in W.P. No. 108 of 1998, setting aside Notific..

Posted in Property Law |   3931 hits

Requisitioning and Acquisition of Immovable Property Act, 1952

 29 October 2010

Whether the land owners were entitled to enhancement of compensation beyond Rs.200/- per marla determined by the learned Single Judge. The questions arise in the following backdrop. A large extent of land situate in the outskirts of Pathankot in the ..

Posted in Property Law |   3529 hits

Section 17 of the Land Acquisition Act, 1894

 22 October 2010

The Government of Punjab acquired various parcels of land situated in villages Phulokhari, Kanakwal, Ramsra and Raman, Tehsil Talwandi Sabo, District Bhatinda for setting up Oil Refinery and Liquid Fuel based Power Plant. Notification under Section 4..

Posted in Property Law |   3111 hits

Section 4(1) of the Land Acquisition Act, 1894

 22 October 2010

On 28.3.1974, three farmers, namely Ramesh Chander (hereinafter referred to as ‘the first respondent’), Mahavir Singh and Chunni Lal, entered into an oral agreement with the appellant to sell their respective land measuring 2.039 hectares bearing kha..

Posted in Property Law |   3266 hits

Section 28A(3) of the Land Acquisition Act, 1894

 09 October 2010

The only question which arises for consideration in this appeal filed against the judgment of the Division Bench of Andhra Pradesh High Court is whether the application filed by the appellant under Section 28A(3) of the Land Acquisition Act, 1894 (fo..

Posted in Property Law |   7713 hits

Section 23(1) of the Land Acquisition Act

 04 October 2010

These two appeals by special leave raise common questions of law and shall stand disposed of by this common judgment. The appeals arise out of two separate orders both dated 26.9.2006 passed by the High Court of Punjab and Haryana whereby C.W.Ps. Nos..

Posted in Property Law |   3023 hits

Benefits under Section 23 (1A) of the Land Acquisition Act, 1894 is Available to landlords

 27 September 2010

Land Acquisition - Enhancement of Compensation - Benefits under Section 23 (1A) of the Land Acquisition Act, 1894 - Entitlement thereto ..

Posted in Property Law |   3502 hits

Section 106 of the Transfer of Property Act, 1882

 25 September 2010

Amina Khatoon, the mother of respondent nos.1-4, (who were substituted in her place and brought on record after her death) instituted a suit for eviction (Title Suit No.36 of 1973) in the Court of Second Munsif, Arrah, against Md. Lukman, the father ..

Posted in Property Law |   6013 hits







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