Principle Archive

A plaintiff may file a reply but shall raise no new ground of claim or contain allegations inconsistent with previous pleadings. However, where a defendant pleads…

It is a basic principle of law that in a claim for damages for trespass to land, the plaintiff, to succeed, must establish exclusive possession of…

Decree No. 33 of 1976 has no retroactive effect and did not affect acquisitions published before its enactment. The Decree is effective and relevant only to…

Expropriatory statutes encroaching on proprietary rights must be construed fortissime contra preferentes — strictly against the acquiring authority but sympathetically in favour of the citizen. There…

Payment of money to radical title owners coupled with effective physical possession gives rise to a good equitable interest and/or title to the land in favour…

Persons in exclusive physical possession of land for agricultural purposes in a non-urban area immediately before the commencement of the Land Use Act are deemed holders…

Government has the constitutional right to compulsorily acquire property on payment of compensation. Statutes provide acquisition procedure which Government must comply with. Where Government disobeys its…

The issuing of a public notice of acquisition did not per se immediately vest or confer title to the land in issue in the Government until…

Before private property is acquired, the acquiring authority must give notice of intention to acquire the property before publishing the same in the gazette.

A notice of acquisition of property must be specific and precise as to the property acquired. A vague and ambiguous definition of the property which is…

Where evidence given by a party was not challenged by the opposite party who had the opportunity to do so, it is always open to the…

The special damages claimed by the respondents were meticulously pleaded and strictly proved as required by law.