Indian Penal Code, 1860, Section 420, 120B, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 120-B, 467, 468, 471, Prevention of Corruption Act, 1988, S.13(1)(d) - Quashing of FIR - Large scale corruption and siphoning of government funds - Land acquisition for the plant of Bhartiya Rail..........
Land Acquisition Act, 1894, Section 4(1), 5A -- Acquisition of land - Acquisition proceedings - Right to file objection - S.5A of the Act confers a substantive right in favour of a person whose lands are to be acquired - If objection to acquisition proceedings are raised, same have to be adjudicated by indicating brief reasons which can demonstrate objective application of..........
Land Acquisition Act, 1894, Section 4, Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings in award of Reference Court that lease stood determined for non-payment of rent - It is a finding by Reference Court for limited purpose i.e. not to accept tenant's claim for compensation - Issue before Reference Court decided against tenant for limited purpose of..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deduction towards development charges - Rule of 1/3rd deduction towards development is general rule - But depending upon purpose of acquisition and taking note of well planned layouts, if any, deduction for development cost may vary from 20% to 75%...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deduction towards development charges - Land acquired for construction of Dam project as such development like in case of layout for housing colony is not required - 40% deduction made by High Court appears to be on higher side - Taking into facts and circumstance of case, 20% deduction for..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Modification - Entire land is 2,61,300 sq ft as non-agricultural land - After taking 20% deduction for development cost, value of land is calculated @ Rs.12,54,530 - As regarding replacement of electrical installation, since there is every possibility of electrical installation being damaged..........
Service -- Misconduct - Dismissal - Judicial service - Allegation against appellant Judge is that she unduly awarded additional amount and enhanced compensation to claimants in two Land Acquisition cases - However, charge sheet shows that there is no allegation of process having been vitiated by appellant - No explicit mention of any extraneous consideration being..........
Sikkim Land (Requisition and Acquisition) Act, 1978, Section 5(1) -- Acquisition of land - Land acquired not in accordance with law - Landowner is entitled to possession of land as also damages for illegal use and occupation of same by authorities - Authorities directed to either retain land by issuing proper notification or to surrender possession of land...........
Limitation Act, 1963, Article 113 -- Limitation - Suit for specific performance - Suit land was subjected to acquisition - However, acquisition proceedings came to be quashed and set aside at the instance of plaintiff - Plaintiff thereafter served a legal notice upon defendants calling upon them to execute sale deeds, which came to be refused by reply notice and thereafter..........
Land Acquisition Act, 1894, Section 34 -- Acquisition of land - Compensation - Interest - Date of taking of possession/submergence is disputed - No categorical finding recorded that area in question came under submergence with effect from the year 1991 and was not as a matter of fact in possession of appellant - It is also not clear for how much period of a year area in..........
