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Property Law Judgments and Orders

Sale deed contrary to Injunction is not a valid deed even though the applicant entitle to invoked Court jurisdiction under Sec 536(2) of Companies Act 1956

 24 November 2011

Present applications have been filed against the impugned orders passed by Mr. J. P. Aggarwal, one man Committee appointed by this Court rejecting their claims in respect of plots in JVG Hills Layout, Kondhapur Village, Hyderabad In view of the orde..

Posted in Property Law |   2340 hits

As per Sec 62 of Evidence Act 1872 carbon copy is Primary Evidence and rightly to be exhibited

 22 November 2011

The Petitioner is the Original Plaintiff in RAD Suit No.35 of 1998 which has been filed in the Court of Small Causes at Mumbai under Section 28 of the Bombay Rent Act, 1947. It is the case of the Plaintiff that he is the monthly tenant of the Defenda..

Posted in Property Law 2 comments |   8522 hits

As per sec 297(2)(g) of IT Act !961 proceeding completed before April 1962 is to be dealt with under the old provision

 14 November 2011

The High Court, vide its impugned Judgment and Order dated 25.07.2005, has declared that Section 87(m)(ii) (b) of Finance (No.2) Act, 1998 is violative of Article 14 of the Constitution of India insofar as it seeks to deny the benefit of the ‘Kar Viv..

Posted in Property Law |   1685 hits

Food corporation of India can not be covered by the definition of Sec 3 (1) of the Companies Act. and the acquisition can not be consider acquisition for purpose of Company

 14 November 2011

On the requisition of Cholan Roadways Corporation Limited, Kumbakonam (for short, ‘the Corporation’) for making available land for expansion of their depot, particularly for a workshop, at Chidambaram, the State Government of Tamil Nadu (for short, ‘..

Posted in Property Law |   2299 hits

Succession

 09 November 2011

Hindu Succession - Coparcenary property - Daughter..

Posted in Property Law 1 comments |   3489 hits

As per the evidence Act 1872 absence of evidence make the appeal dismiss

 09 November 2011

Will made by the deceased is manipulated by the Appellant and Respondent with the intention to capture the portion of the other's in this regard the others challenged and in the absence of any proper proof the appellant failed to successeed ..

Posted in Property Law |   1951 hits

As per Sec 3 of the Tenancy Act. agricultural land can not be permitted to be convert for non agricultural land so valuation can be done on agricultural rate basis

 05 November 2011

Compensation for the land acquired vested on the tenant is to be calculated according to the market value if the Land Use Act is applicable, but As per Sec 3 of the Tenancy Act. agricultural land can not be permitted to be convert for non agricultura..

Posted in Property Law |   5191 hits

Rule 4 and 6 of Nazul Land Rules is not applicable to the scheme not incorporate by the mentioned rule

 04 November 2011

Whether the Rule 4 and Rule 6 of the Nazul Land Rule is applicable on the scheme of the allotment of the land 1961 not incorporated by the Nazul Rule in the process of determination of the price of the land allotted. ..

Posted in Property Law |   4252 hits

If the land owners are aggrieved by the acquisition proceedings they must challenge the same atleast before an award is made

 26 September 2011

The facts giving rise to the present litigation in a nutshell are as under: A notification under Section 4(1) of the Land Acquisition Act, 1894 (in short the ‘Act’) was issued on 27th August, 1993 for acquisition of land admeasuring 101 acres and 3..

Posted in Property Law |   1977 hits

Existing of Substantial question is condition to entertaining 2nd Appeal

 06 August 2011

Sardar Khan was the owner of a property bearing land Block No. 386 and House No. 206 situate at Mangrul, Taluqa Kallam, District Osmanabad. He died in 1948 leaving behind a son — Umerkhan and two daughters—Bismillabi and Aminabi. Both daughters were..

Posted in Property Law |   2506 hits

Inquiry by Vigilance on raising demands by Department not Sustained

 06 August 2011

(a) In 1972, the Bihar State Housing Board (hereinafter referred to as “the Board”) floated a Scheme for construction of Flats for Middle Income Group (in short “MIG”) at Hanuman Nagar, Patna. Ram Chandra Prasad Verma (since expired) -the husband of ..

Posted in Property Law |   2091 hits

HC dismissed the appeal of the appellant and protect the order of Deduction under 80HHC

 09 June 2011

HC dismissed the appeal of the appellant and protect the order of Deduction under 80HHC..

Posted in Property Law |   2775 hits

SC quashes land allotment to Sourav Ganguly by WB Govt

 31 May 2011

Several writ petitions were filed in public interest before the Calcutta High Court challenging the allotment of land given in favour of Mr. Sourav Ganguly (hereinafter referred to as allottee), by the State of West Bengal. The High Court, by its jud..

Posted in Property Law |   2549 hits

Licensing Authority has right to amend the License with retrospective effect

 23 May 2011

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Posted in Property Law |   2836 hits

Mohammad Ahmad & Anr. Versus Atma Ram Chauhan & Ors.

 20 May 2011

One half of the lis between landlord and tenant would not reach courts, if tenant agrees to pay the present prevalent market rate of rent of the tenanted premises to the landlord. In that case landlord would also be satisfied that he is getting adequ..

Posted in Property Law |   3242 hits

Section 4(1) read with Section 17(1) and 17(4) of the Land Acquisition Act, 1894

 30 April 2011

The question which arises for consideration in this appeal is whether the Division Bench of the Allahabad High Court was justified in entertaining and allowing the writ petition filed by respondent No.1-Moti Lal Agarwal in 2008 for nullifying the acq..

Posted in Property Law |   4368 hits

Section 54 of the Land Acquisition Act, 1894

 26 April 2011

The pertinent facts of the present case are that a Notification under Section 4 of the Act was issued on 25th February, 1981 proposing to acquire considerable land situated in the Revenue Estate of Village Kondli, including the land which is the subj..

Posted in Property Law |   4270 hits

Sections 4 and 6 of the Land Acquisition Act, 1894

 04 March 2011

Land owners – appellants have challenged the judgment of Allahabad High Court, challenging the dismissal of their petition, whereby they had challenged the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter cal..

Posted in Property Law |   3577 hits

Section 23 (1A) of the Land Acquisition Act, 1894

 02 March 2011

We propose to dispose of all these appeals by this common judgment and order. In all these appeals not only the issues arising for our consideration on merit are identical but also all these appeals were filed by the appellants herein after considera..

Posted in Property Law |   5666 hits

Section 4 (1) of the Land Acquisition Act

 02 February 2011

In these civil appeals, the dispute is primarily over the quantum of the market value of the land acquired by the Government of Karnataka (hereinafter ‘the said Government’)...

Posted in Property Law |   4284 hits