Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Delay in providing intimation to insurer - Car accident - Accident took place on national highway - Owner immediately requested dealer to shift the vehicle to their garage - Finding of fact recorded by State as well as National Commission that dealer immediately informed the insurer - Moreover,..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deduction of 50% while determining market price - Part of acquired land abuts National Highway and at the same time, sale instances pertains to comparatively smaller plots as compared to acquired lands, a reasonable deduction is required to be made while determining market price - Deduction of..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Fixation of market value - Category `A' lands were dry lands having frontage on National Highway - Category `B' was of reclaimed lands with road frontage which had access to the river through reclaimed portions - Approach of High Court of fixing market value of Category `B' lands at 52% of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Restraining defendants from constructing walls for Toll Plaza - Land acquisition process for constructing National Highway cannot be interfered with at the instance of plaintiffs - Neither there is any attempt on their part to approach revenue authorities for..........
Constitution of India,1950, Article 226, Bihar Land Reforms Act, 1950, Section 4h -- Writ petition - Construction - Without following procedure - Jurisdiction - Land of petitioners utilized for purpose of construction of National Highway - Proceeding are pending before revenue authority on the basis of suspicious Jamabandi case and inquiry is being conducted - Therefore,..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Determination - Land acquired from different villages - Compensation regarding village `M' - High Court granted 50% rise in respect of lands coming from villages `M' over and above the market value in respect of land acquired from other villages - Increase to the extent was well justified as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 700 gms charas - Independent witnesses not joined by police despite availability of same, as place of occurrence was National Highway - Sequence of events creates doubt and suspicion on prosecution story with regard to recovery - No daily diary report with respect to fact that on the day..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Value of suit land determined on the basis of sale deed executed 5 months prior to acquisition of suit land and that land has been taken as data land - Subordinate Judge very correctly appreciated the fact that there is a railway track between data land and acquired land - Acquired lands are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43, Criminal Procedure Code, 1973, Section 482 -- Contraband - Validity of search and seizure - Quashing of proceedings - Admittedly, 107 kg of poppy straw was seized during routine nakabandi without prior information from a vehicle in transit through National Highway, a public place - Manifestly, the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 101 kg poppy straw - Truthfulness of independent witness - Merely because independent witness is not a resident of locality, does not make him doubtful, particularly, when incident had taken place on National Highway and likelihood of people residing in and around said Highway is remote, and he..........
