Case Analysis

3rd Nov, 2014

Period of stay granted by Court excluded from computation of 5 years from the date of award and commencement of 2013 Act

While computing the period from the making of the award till the commencement of the 2013 Act, Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceeding might […]
3rd Nov, 2014

Acquiring authority has no rights to retain land acquired where acquisition gets lapsed as per Section 24(2) of the 2013 Act

It is always open to the appropriate government under Section 24(2), if it so chooses, to initiate proceedings for acquisition afresh in accordance with the provisions of 2013 Act. But, till that happens, the land, […]
3rd Nov, 2014

Mere deposit of compensation awarded in Court does not means paid unless actually tendered to the persons interested

Unless and until the compensation is tendered to the persons interested, mere depositing of the compensation in the court would not be sufficient. Compensation cannot be regarded as having been paid merely on the deposit […]
3rd Nov, 2014

An entry in the cadastral survey is not conclusive

An entry in the cadastral survey over 100 years old with regard to nature of land is not an entry for all times in future but an entry with regard to existing state of affairs […]
3rd Nov, 2014

Whether a person who buys the property after notification for acquisition permitted to challenge the same on ground of lapse

Whether a subsequent vendee has any locus standi to assail the acquisition process was the issue before Court.
3rd Nov, 2014

Provisions of RFCTLARR Act 2013 will be applicable to National Highways Act 1956 #indianlaws

Section 105(3) of the 2013 Act in the event of Central Government issuing a notification, the same will have a binding effect on the authorities under the National Highways Act, 1956.
3rd Nov, 2014

Applicability of Section 6 of the General Clauses Act relating to effect of repeal of 1894 Act is subject to S. 24(2) of 2013 Act

Under Section 24(2) land acquisition proceedings initiated under the 1894 Act, by legal fiction, are deemed to have lapsed where award has been made five years or more prior to the commencement of 2013 Act […]
3rd Nov, 2014

Lapse of Acquisition under the L A ACT1894 does not preclued the Authorities to initiate fresh proceedings under the RFCTLARR 2013

Quashing of the notifications for acquisition of the land would not come in the way of the Authorities in acquiring the land of the petitioners under the provisions of the Right to Fair Compensation and […]
3rd Nov, 2014

Acquisition proceedings shall lapse under LA ACT 2013 even if proceedings were stayed by the Court #indianlaws

As per Section 24 of the  L A ACT 2013 it is clear that Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceeding might have remained stayed […]
11th Oct, 2014

Interpreting and understanding the term Cruelty as ground of divorce #indianlaws

No court should even attempt to give a comprehensive definition of mental cruelty. Human mind is extremely complex and human behaviour is equally complicated. Similarly human ingenuity has no bound; therefore, to assimilate the entire […]
11th Oct, 2014

Goverment cannot withdraw its assurance even if it is a party in a contract #indianlaws

Cancellation of allotment of land was the subject matter of challenge in the present writ petition filed under Article 226 of the Constitution of India. The allotments were stated to be made without inviting public […]
11th Oct, 2014

Daughters can avail benefits of amended Hindu Succession Act in a partition suit even when only preliminary decree is passed

 A suit for partition is not disposed of by passing of a preliminary decree until a final decree is passed partitioning the immovable property of the joint Hindu family by metes and bounds; that even […]