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....6959, 14987 & 14988/2012 CHIVAS HOLDINGS (IP) LIMITED & ORS. Plaintiffs Through: Mr. Hemant Singh, Ms.Mamta Jha, Mr.Gautam Kumar, Mr.Waseem Shuaib Ahmed and Mr.K.K.Nangia, Advocates...recorded in paras 2 to 7 of the application and in view of the said undertakings, the plaintiffs have agreed not to press for the relief of damages claimed in the present suit. Counsels for the parties...state that they shall remain bound by the obligations undertaken by them and recorded in the compromise application and request that the suit be decreed in terms of para 45(i) & (ii) of the plaint...
....2. In the year 1955., consolidation proceedings under East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act) were started...in the village Bholpur of District Ludhiana. In accordance with the provisions of the Act, a scheme for consolidation of holdings was published on 29th March, 1956. On 14th May, 1956 that scheme was...under Section 21(4) of the Act to the Assistant Director, Consolidation of Holdings. The Assistant Director partially allowed the appeal of Respondent 1 by his order dated 29th October, 1957 but...
...structures standing on the land in suit being Holdings Nos. 522 and 523 of Nalbari Municipality were divided into half and half, each measuring 5 1/2 lechas. Prafulla Kalita, son of Gayaram Kalita, allegedly....”6. In the said suit, there were three sets of defendants. The first set being Defendants 1, 2, 3, 5 and 6 were the legal heirs and representatives of late Prafulla Kalita...plaintiff dared to plunge in the cross-currents of legal intricacies. But he could not swim across and then he sank. The suit is hit by Article 65 of the Limitation Act. Hence all these three issues are...
...another company J.B Holdings Ltd. at Shillong. On the request of Mr Jayaram and Mr Bareh who were the Directors in both the companies J.B Holdings Ltd. and Chinar Export Ltd. the suit was withdrawn...amount received from J.B Holdings Ltd. the petitioner paid a sum of Rs 2.25 crores by way of refund of the forfeited amount to Chinar Exports Ltd. as per the terms of the settlement in Suit No. 178 of...of the courts. As per that section the suit could be instituted in a court within the legal limits of whose jurisdiction the “cause of action wholly or in part arises”. Judicial pronouncements have...
...the claimant.”The plea that the criminal case had ended in acquittal and that, therefore, the civil suit must follow suit, was rejected and rightly. The...there was, perhaps, a case for enhancement, the High Court dismissed the cross-claims also. Being questions of fact, we are obviously unwilling to reopen the holdings on culpability and compensation....4. We have been taken through a few intricate legal submissions by counsel but we decline to interfere under Article 136 of the Constitution especially where human misery is pitted against operational negligen...
...the right is held to be a personal right which is extinguished with the death of the person concerned and does not devolve on the legal representatives or successors, then it is an end of the suit.... Such suit, therefore, cannot be continued. But if the right to sue survives against the legal representative of the original defendant, then procedures have been prescribed in Order 22 to bring the legal...Government under Section 14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 a scheme was prepared by the authorities in respect of holdings belonging to Sham Singh, the...
...appellant herein, from recovering a graduated consolidated rate on the annual value of the holdings in terms of the amended provisions in Sections 123 and 124 of the Bengal Municipal (Amendment) Act...ultimately held to be invalid by the court without obliging the tax-payers to institute a civil suit in order to claim the amount already recovered from them. On the other hand, the Court cannot be...Siliguri Municipality from recovering a graduated consolidated rate on the annual value of the holdings in terms of the amended provisions contained in Sections 123 and 124 of the Bengal Municipal...
...SC2137 (5)
ACT:
Consolidation of Holdings-Appeal to State Government-Power to hear appeal delegated to officer-Decision of such officer-Revision of decision by...State Government-Legality of-Fundamental rights-If infringed by illegal order of State Government-East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (Punj. 50 of 1948), ss.... 21 (4), 41 (1),42-Constitution of India, Art. 32.
HEADNOTE:
Under the E. P. Holdings Consolidation and Prevention of Fragmentation) Act, 1948, a scheme, for...
..., ceilings on holdings and surrender of surplus land. The working unit with reference to which the legal ceiling is set is the realistic family. So, the flexible concept of “family” also becomes a central...Holdings Act, 1953) are under way, two consequences follow. Firstly, all other legal proceedings including the ceiling proceedings must abate. A notification under Section 4 of the Consolidation Act...V.R Krishna Iyer, J.— This judgment deals with a flood of cases from Uttar Pradesh relating to limitation on agricultural land holdings, and specifically disposes of the writ...
..., the applicability of the Act shall stand excluded and should have no effect on the operation of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. The question then is whether the suit as...Section 4 of the Hindu Succession Act.6. Section 46 of the Madhya Pradesh Ceiling on Agricultural Holdings Act creates a bar to maintain any civil suit which reads thus...Rakwas mentioned therein of a total of 41.49 acres. Ratan Singh died in 1960. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 had come into force which provides for fixation of ceiling on...
...(hereinafter referred to as “the Act”). The respondent then brought a suit in the civil court claiming three reliefs. The first relief claimed was for a declaration that the declaration of Bhumidari...respondent be declared entitled to Bhumidari rights under Section 11 of the Act; and the third relief was for possession of the land. The suit was brought on the allegation that the respondent was...appellant that the civil court had no jurisdiction to entertain the suit in view of the provisions of Section 185 of the Act. The trial court held that the jurisdiction of the civil court was not barred. On...
...High Court non-suited the appellant was that after the chakbandi was completed under the U.P Consolidation of Holdings Act, the suit was barred by Section 49 of the said Act. It is well settled that...Court erred in law in holding that the present suit was barred by Section 49 of the U.P Consolidation of Holdings Act.14. Thus, the grounds on which the High Court...sister-in-law's share and with a deplorable design, seek to deprive her of her legal share and deny her legal rights is not an uncommon feature of our village life. That this is so is aptly illustrated by...
...of Holdings Act to suits for cancellation of voidable documents. A suit had been instituted for the cancellation of a sale deed to the extent of a half share claimed by the plaintiff in...Holdings Act. This plea was accepted by the Supreme Court and the suit was directed to be declared as abated.3. The Supreme Court has noticed in paragraph 3 that the High Court had...that the suit in respect of cancellation of voidable sale deed will not abate under section 5 of the U.P Consolidation of Holdings Act.5. We find that the...
...is complicated or lengthy, mediation will be the recognised choice. If the suit is not complicated and the disputes are easily sortable or could be settled by applying clear-cut legal principles, Lok...subject-matter of the suit, the court may direct that the same will be governed by Section 74 of the AC Act (if it is a conciliation settlement) or Section 21 of the Legal Services Authorities Act...empowers the court to refer the parties to a suit to arbitration without the consent of both parties, arise for consideration in this appeal.2. The second respondent (Cochin...
...D.A Desai, J.— Mst Bibi Rahmani Khatoon and others filed Title Suit 3 of 1970 in the Court of the Additional Subordinate Judge I, Gaya, for declaration of their title and for...recovery of possession of agricultural lands admeasuring 4 acres 29 gunthas comprised in two holdings bearing Khata Nos. 458 (nakdi) and 459 (Bhouli) in Touzi No. 7535 situated in village Parsain. The...defendants in the suit were the present respondents and three others, Defendants 5, 6 and 7. One Brahmadeo was Defendant 7 claiming an interest in Khata No. 458 on the basis of a sale deed executed...
.... Indisputably, two suits were filed being Suit No. 185 of 1989 and Suit No. 303 of 1992 on 20-11-1989 and 21-3-1992 before the Additional Civil Judge, Jagadhari, Haryana and the Senior Division Bench...any charge on the properties situated in various villages, namely, Rapri, Radur, Ghespur, etc.6. In Suit No. 185 of 1989, the cause of action is said to have arisen when...order of mutation was passed in favour of the transferees of Raghbir Singh. Whereas the decree prayed for in Suit No. 303 of 1992 was for a declaration that Raghbir Singh was only having a life interest...
...Bachawat, J.— Civil Appeals Nos. 435 to 436 of 1959 are appeals, which arise out of Title Suit No. 10 of 1942 of the Court of the First Subordinate Judge of Arrah and FA Nos...respectively are not the subject-matter of the suit. The claim in this suit is in respect of the remaining portion of 614 bigha 12 kathas 12 dhurs.2. MahalBheria consisted of 12...tenants by virtue of their alleged occupation of the Taufir lands. They allege dispossession on 27-05-1940 within 12 years of the suit. The contesting defendants dispute the plaintiffs' title and also...
...Defendants' second appeal, had filed a suit for the cancellation of a sale-deed, dated April 12, 1932, to the extent of a half share claimed by the plaintiff in fixed rate tenancy plots on a payment of Rs 250...the impugned sale, yet, actually, this was an acquisition on behalf of the joint Hindu family which provided the funds for the purchase of the plots. The trial court had dismissed the plaintiff's suit...on January 4, 1960. The learned District Judge of Jaunpur had allowed the plaintiff's appeal and decreed the suit on April 30, 1962. The defendants-respondents before us then filed a second appeal in...
...registered deed of sale could be executed. The respondent issued a notice on or about 21-3-1996 asking the appellant to hand over possession. The respondent thereafter filed a suit praying inter alia....(c) Costs of the suit be awarded.”6. The defence raised by the appellant in his written statement was that he had all along been ready and willing to perf...trial Judge framed the following issues:“(i) Whether the suit is not maintainable in view of the provisions of Sections 38 and 41 of the Specific Relief Act...
...above recommendation and I have considered it.2. The plaintiffs filed a suit for division of holdings situated in three villages.3. Subsequent to the filing of the suit..., one of the villages was notified under Section 4 of the U.P Consolidation of Holdings Act. The plaintiffs applied for the stay of the suit in respect of all the, holdings. The...lower Court, however, stayed the proceedings in respect of the village which had been notified under the Consolidation of Holdings Act, but refused to stay the suit in respect of the holdings in the...