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Ram Nath Mandal And Ors. vs Jojan Mandal And Ors. on 26 August, 1963

In Ram Nath Mandal and others v. Jojan Mandal and others, AIR 1964 Pat-1, the Full Bench of the Patna High Court held that under Sec.117 of the T.P.Act, a lease for agricultural purposes is not necessary to be made by a written instrument and it may be effected by an oral agreement in which case the question of registration will not arise. However, if the transaction is reduced to writing, then in the case of a lease from year to year or for any term exceeding a year or reserving a yearly rent, registration would be required under Sec.17 of the Registration Act, and if unregistered the lease will be inadmissible in evidence under Sec.49 of the Registration Act and other evidence of its terms will be precluded under Sec.91 of the Evidence Act. In that case, the claim of creation of tenancy on the basis of rent receipts in pursuance of an oral agreement was negatived on the ground that no such case had been put forward by the plaintiff in the plaint.
Patna High Court Cites 7 - Cited by 18 - V Ramaswami - Full Document

M.C. Mehta vs Kamal Nath & Ors on 13 December, 1996

In M.C.Mehta v. Kamal Nath and others, (1997) 1 SCC 388, the apex Court held that the doctrine of Public Trust primarily rests 8 on the principle that certain resources like air, sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. Our legal system- based on English Common Law- includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the sea-shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership.
Supreme Court of India Cites 2 - Cited by 356 - K Singh - Full Document

Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors on 25 March, 2008

In Anathula Sudhakar v. P.Buchi Reddy (Dead) by L.Rs & Ors, AIR 2008 SC 2033, the apex held that where a cloud is raised over plaintiff's title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy. Where the plaintiff's title is not in dispute or under a cloud, but he is out of possession, he has to sue for possession with a consequential injunction. Where there is merely an interference with plaintiff's lawful possession or threat of dispossession, it is sufficient to sue for an injunction simpliciter. In view of the same, the simple suit for permanent injunction was not maintainable. The substantial questions of law are answered accordingly.
Supreme Court of India Cites 6 - Cited by 2311 - R V Raveendran - Full Document
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