Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Applicability of Act - 2013 Act would not regulate the acquisition proceedings made under BDA Act...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend is granted : (i) in the case of substantial defence, defendant is entitled to unconditional leave; (ii) even in case of a triable issue on a fair and reasonable defence, defendant is ordinarily entitled to unconditional leave to defend; (iii) in case of doubts about intent of defendant or..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(3), Land Acquisition Act, 1894, Section 48 -- Acquisition of land - Lapse of acquisition proceedings - Once High Court passed order as to lapsing of acquisition proceedings by virtue of S.24(2) of 2013 Act - Land owners cannot revert back on plea raised..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Land Acquisition Act, 1894, Section 17(4), 4, 6, 5A -- Acquisition of land - Invocation of urgency clause - Allegation in the writ petition by landlords about lie of property, not denied by authority - Case is finally being disposed of after nearly 12 years - In the meantime, Land Acquisition Act was repealed and Right to Fair Compensation and Transparency in Land..........
Criminal Trial -- Fairness of trial - In the matter of a criminal trial against any accused, the distinctiveness of evidence is paramount in light of accused`s right to fair trial, which encompasses two important facets along with others i.e., firstly, the recording of evidence in the presence of accused or his pleader and secondly, the right of accused to cross-examine..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C -- Separation of counter claim from main suit - Claim and counter claim is regarded as a unified proceeding and the same is to be disposed of by a singular judgment, both on the original claim and on the counter claim - However, U.O.8.R.6-C, Court has power to exclude the counter claim and order defendant to file an..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Land value has been determined by High Court with reference to sales statistics - Compensation of Rs.1 lakh per hectare as awarded by High Court is a fair compensation duly supported by material on record and needs no interference - Appellant thus, entitled for compensation for 2 hectares of..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), 101A -- (as applicable to State of Haryana) - Lapse of acquisition proceedings - Denotification of acquired land - State Government denotify acquired land if land becomes unviable or non-essential for purpose of development and in particular for reason..........
