Land Acquisition Act, 1894, Section 28A(3) -- A person who is not satisfied with an award made u/s 28A(2) can make an application to the Collector u/s 28A(3) for making a reference to the Court - This right cannot be frustrated merely because as a result of re-determination made u/s 28A(2) read with Section 28A(1) the applicant becomes entitled to receive compensation at..........
Civil Procedure Code, 1908, Section 11 -- Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the same title in the earlier suit; (iv)..........
Criminal Procedure Code, 1973, Section 209 -- Commitment of case - Magistrate enquiring into a case under Section 209 of the Code is not to act as a mere Post Office - Court has to see whether there is sufficient evidence for commitment - If there is no prima facie evidence or the evidence is totally unworthy of credit, it is the duty of the Magistrate to discharge the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Trial court acquitted accused on the ground that there was non compliance of Section 55 of the Act - Held, Trial Court's view that seizing officer testified only when tested on the anvil of cross examination that the property..........
Land Acquisition Act, 1894, Section 23(1A), Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - On reference, award enhanced - State challenged the award of Reference Court - The landowner, instead of filing appeal or cross-objection, filed application under Order 41 Rule 33 of Code claiming additional compensation - Held, landowners who..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Accused working in Commercial Taxes Department - Guilty for receiving illegal gratification of Rs.5000/- from complainant to reduce his tax liability - Convicted and sentenced - Conviction upheld by High Court - In appeal before Supreme Court accused sought to raise plea for the first time that he accepted..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complainant resiled before commencement of trial - High Court quashed FIR - Held, High Court was not justified in quashing the FIR - Ordinarily, the Court of Sessions is empowered to discharge an accused under Section 227 of CrPC even before initiating trial - The accused can therefore move the trial court..........
Criminal Procedure Code, 1973, Section 173 -- Investigation - Murder case - Charge sheet submitted after investigation - High Court found charge sheet as one sided and biased - Ordered fresh investigation by independent agency - Order of High Court upheld - Held : (a) Fair investigation like fair trial is a constitutional right guaranteed under Articles 20 and 21 of..........
Consumer Protection Act, 1986, Section 24A, 2(1)(g), 14(1)(d) -- Limitation - Insurance claim - Plea that in terms of clause 12 of the Insurance Policy the complaint not filed within 12 calendar months from the date of repudiation i.e. by letter dated 16.6.1989 hence barred by limitation repelled - Held that the limitation of 12 calendar months for filing the claim after..........
Civil Procedure Code, 1908, Section 148, M.P.Accommodation Control Act, 1961, Section 12(1)(k) -- Whether court can extend time beyond 30 days as stipulated under Section 148 CPC - Held, Yes - Inherent powers of the court to pass order necessary for meeting the ends of justice and preventing abuse of the process of the court cannot be taken away by putting an upper limit..........
