Service -- Part time contractual instructors/teachers - Fixation of honorarium - Policy decision - Any policy decision of Government permanently fixing honorarium of instructors/teachers for all times to come, cannot be justified and approved of as periodical revision depending upon price rise, cost of living and other host of factors - It is always permissible to revise..........
Agreement to sell -- Breach of agreement - Refund of advance amount - Execution and contents of agreement unequivocally admitted by defendant in his evidence - Case projected by defendant that plaintiff was aware of encumbrance on suit property from inception was nothing but an afterthought, devised solely to defeat plaintiff's legitimate claim for refund - More so, upon..........
Auction sale -- Custodian auction - Purchaser at a custodian auction is entitled to interest and rights that custodian could lawfully alienate - Where custodian by its own mistake or inadvertence, sells or confirms sale of land, which is in public use or otherwise not alienable without proper procedure, equitable justice may require that purchaser be compensated, either..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - When there are several exemplars with reference to similar land, usually highest of exemplars, which is a bona-fide transaction will be considered - Further, only where there are several sales of similar lands whose prices range in a narrow bandwidth, average thereof can be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Compensation payable to owner of land is determined by reference to price which a seller might reasonably expect to obtain from a willing purchaser...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating & Criminal breach of trust - Quashing of FIR - Non payment of sale price - Does not amount to cheating and criminal breach of trust - FIR quashed...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - FIR is filed showing that appellant had an intention to cheat and commit breach of trust - However, documents on record belie the allegations in FIR - Mere civil dispute has been given the colour of an offence of cheating and criminal breach of trust - By..........
Stamp Act, 1899, Article 18, Registration Act, 1908, Section 89(4) -- Registration and stamp duty - Auction sale - Sale certificate - Registration Authorities cannot insist on payment of Stamp Duty and registration fee basing on value of property as indicated in Market Value Register - Sub-Registrar has no other option, but to register sale certificates by fixing stamp..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land in question was notified to be acquired in the year 1989 - There is thus, a gap of over a year between acquisition of land in question and allotment of plot which was in close proximity with acquired land - Price of said plot is fixed @ Rs.180 per sq mt - Prices in one year..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deductions - Large areas do not attract the same price as is offered for the small plots of lands - Therefore, some amount of deduction is also normally permissible on account of largeness in area - Thus, deduction of at least 10% has to be applied to determine the rate of compensation...........
