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Supreme Court

Supreme Court Allows Appeal in National Highway Acquisition Compensation Case — District Magistrate Cannot Review SLAO Award Under Section 3G(5) of National Highways Act, 1956. The power under Section 3G(5) is limited to correction of errors apparent on record and cannot be used to re-determine compensation or review the award on merits.

1 Jan 2023

The appeal arose from a land acquisition proceeding under the National Highways Act, 1956 for widening National Highway No. 29 in District Mau, Uttar ...

Supreme Court

Supreme Court Dismisses Challenge to Delhi Land Reforms Act Section 50(a) - Upholds Constitutional Validity and Succession Rules for Agricultural Land. The Court held that Section 50(a) of the Delhi Land Reforms Act, 1954 is protected under Article 31B of the Constitution due to its inclusion in the Ninth Schedule before 1973, and no repugnancy exists with the Hindu Succession Act, 1956 as they operate in different legislative fields under State and Concurrent Lists.

20 Sep 2022

The Supreme Court of India dismissed a civil appeal challenging the constitutional validity of Section 50(a) of the Delhi Land Reforms Act, 1954. The ...

Supreme Court

Supreme Court Dismisses Appeals in Land Reforms Case Upholding High Court's Remand Order. Fraud in Obtaining Occupancy Rights Under Karnataka Land Reforms Act, 1961 Vitiates Proceedings, Justifying Remand for Fresh Disposal Despite Delay.

31 Mar 2022

The appeals arose from a judgment of the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.1563 of 2007 connected with Writ...

Supreme Court

Supreme Court Upholds Land Acquisition Lapse Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The acquisition was declared lapsed due to non-payment of compensation and non-taking of possession, despite pending proceedings under the Karnataka Land Reforms Act, 1961.

22 Mar 2022

The dispute arose from land acquisitions by the Agricultural Produce Marketing Committee, Bangalore, for establishing a mega market, involving multipl...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case on Applicability of Deposit Condition Under Old Act. The court held that the appeal is governed by the Consumer Protection Act, 1986, as the right of appeal accrued before the 2019 Act came into force, and the deposit of ₹50,000 under Section 23 suffices for entertaining the appeal.

15 Feb 2022

The appeal arose from an order of the National Consumer Dispute Redressal Commission directing the appellant to pay a substantial sum with interest. T...

Supreme Court

Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

7 Feb 2022

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

Supreme Court

Supreme Court Quashes Mandamus Directing Acceptance of Basic Tax on Vested Forest Land - Kerala Land Tax Act, 1961 and Kerala Private Forests (Vesting and Assignment) Act, 1971. The Court held that writ of mandamus cannot be issued to establish rights over land vested with government under Section 3 of Kerala Private Forests (Vesting and Assignment) Act, 1971, where respondents' purchase certificates were cancelled and civil jurisdiction barred under Section 13.

19 Jan 2022

The dispute arose from conflicting claims over land in Naduvil village, Kerala, involving the Village Officer, Kannur District, and others as appellan...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

Supreme Court

Supreme Court Allows Appeals in Uttar Pradesh Imposition of Ceiling on Land Holdings Act Case, Granting Independent Tenure Holder Status to Sub-lessees. Sub-lessees under a government lessee for agricultural purposes qualify as tenure holders under Sections 3(9) and 3(17) of the Act, rebutting the presumption under Section 5 Explanation II, and are exempt from lease deed transfer conditions due to agricultural use.

10 Jan 2022

The appeals arose from a common judgment of the High Court of Uttarakhand dismissing writ petitions filed by the appellants, who were sub-lessees unde...

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