Court : Mumbai Nagpur
..... it is further to be noted that insofar as the recovery made under memorandum under section 27 of the indian evidence act is concerned, the learned trial judge in paragraph nos. ..... state of haryana reported in air 2005 sc 2110 : there is also a doubt regarding the time when the first information was received at the police station. .....
Tag this Judgment!Court : Mumbai Nagpur
..... potentiality and as i have held that remaining portion of land being pieces is of no use for the petitioner, he is entitled for compensation for his entire land of area 01 hectare 61 are by principle of severance e and as provided by s.23(3) of the act and even considering the fact that due to pieces, such land cannot be cultivable. ..... common judgment: both these appeals are arising out of the judgment and award dated 25.4.2005 passed by the civil judge, senior division, pusad [reference court] in l.a.c. ..... pursuant to the notification, issued under section 4 of the land acquisition act, on 4.9.1986, the land survey no.170 area 3 acres 91 gunthas out of the total area of 4 acres 5 gunthas was acquired for construction of the canal of village lakh. .....
Tag this Judgment!Court : Mumbai Nagpur
..... potentiality and as i have held that remaining portion of land being pieces is of no use for the petitioner, he is entitled for compensation for his entire land of area 01 hectare 61 are by principle of severance e and as provided by s.23(3) of the act and even considering the fact that due to pieces, such land cannot be cultivable. ..... common judgment: both these appeals are arising out of the judgment and award dated 25.4.2005 passed by the civil judge, senior division, pusad [reference court] in l.a.c. ..... pursuant to the notification, issued under section 4 of the land acquisition act, on 4.9.1986, the land survey no.170 area 3 acres 91 gunthas out of the total area of 4 acres 5 gunthas was acquired for construction of the canal of village lakh. .....
Tag this Judgment!Court : Mumbai Nagpur
..... decree for possession of the suit, but an order of temporary injunction can be claimed in such a suit to restrain the defendant from interfering with his possession on the basis of a decree passed under subsection (1) of section 6 of the sr act of 1963. 21. the appellate court has held that the property was purchased by the petitioners/plaintiffs in violation of the order of status quo, which was operating in regular civil suit no.2 of 1996 ..... santaya ram krishna pai kolle, air 1922 bom 216, the court has held that the order or decree which is passed under s.9 of the specific relief act (now s.6 of the specific relief act, 1963) is not open to appeal or to review at the instance of the defeated party and the section expressly provides that nothing contained therein shall bar any person from going to establish his title ..... that the right of the defendant to have possession of the premises was recognised by the decree passed by this court in the suit filed under section 6 of the specific relief act and, therefore, the present suit which in effect seeks to recover legal possession of the suit premises from the defendant can be filed only in the court of small causes. ..... a revision is available but that is only by way of an exception; for the high court would not interfere with a decree or order under section 6 of the act except on a case for interference being made out within the well-settled parameters of the exercise of revisional jurisdiction under section 115 of the code. ..... in 2005(1) .....
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