Criminal Procedure Code, 1973, Section 300 -- Prevention of Corruption Act, 1988, Section 13(2) - Double jeopardy - Whether proceedings could be initiated against the petitioners after the same were dropped earlier - Held yes - Petitioner faced trial in corruption case - However, proceedings were dropped in view of judgment of High Court taking view that Inspector,..........
Punjab Excise Act, 1914, Section 61(i)(c) -- Sentence - Reduction in sentence - Conviction for offence under Section 61(i)(c) of the Punjab Excise Act for installing a working still - Occurrence 21 years old - Petitioners remained in custody for some time as undertrial and after their appeal had been dismissed - Not proper to send him jail at this stage - Sentence of 6..........
Criminal Procedure Code, 1973, Section 319 -- Summoning as additional accused - Non-speaking order - Non recording of any reasons, or any satisfaction, in terms of Section 319 Cr.P.C. - Order liable to be set aside -Matter remitted to trial Court to decide the application afresh...........
Land Acquisition Act, 1894, Section 4, 5A, 6, Constitution of India, 1950, Article 300A -- Hearing of objections - Consideration by govt. - Section 5A confers valuable rights akin to fundamental right - Hearing must be effective and not mere formality - Opportunity of hearing is necessarily granted to show the purpose of acquisition is a public purpose and also the..........
Land Acquisition Act, 1894, Section 3(f)(iv), 5A, 6, Constitution of India, 1950, Article 226, 227 -- Public purpose - Judicial Review - Declaration made under Section 6 need not contain any reason - Section 6(3) renders a declaration to be conclusive in respect of both the need and the public purpose - Declaration must precede decision by the State on objections and..........
Criminal Procedure Code, 1973, Section 433, 433A, 418, Indian Penal Code, 1860, Section 302, Prisoners Act, 1900, Section 32 -- Sentence of imprisonment for life - Prison authorities are bound to keep the person who is sentenced to imprisonment for life in jail - Section 32 of Prisons Act is not relevant after transportation was substituted by imprisonment for life by Act..........
Criminal Procedure Code, 1973, Section 215, 464, 465 -- Penal Code, 1860, Section 304-A - Charge - Error in charge - Error in number of vehicle in charge - Entire evidence mentioned correct number for which the petitioner was convicted - It was corrected during the trial - Accused knew the number of vehicle recovered from him in connection with the case - Accused had full..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26 - - Surplus area - Cancellation of allotment - Jurisdiction of Civil Court - Allotment cancelled since allotment of surplus area obtained by playing fraud on the allotment authority - Held that the Civil Court would not enjoy jurisdiction to interfere with such an order of cancelation of allotment - Had the Civil..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Prevention of Corruption Act, 1947, Section 5(1)(e) - Conviction - Appeal against - Appellant charged for the offence u/S.5(1)(e) r/w Section 5(2) of PC Act, 1947 for acquiring assets disproportionate to his known source of income while working as public servant and trial conducted under the said Act..........
Land Acquisition Act, 1894, Section 4, 6, 18, 23, 25, 54 -- Land acquisition - Notifications dated 24.10.1961 and 23.1.1965 - Awards passed dividing acquired lands in three categories - Reference u/s 18 filed by owners - Reference Court awarded compensation of Rs.18,000/- per bigha and Rs.12,000/- per bigha respectively for the lands covered in two awards - Appeal by Union..........
