Land Acquisition Act, 1894, Section 23 -- Compensation - Determination - `De-escalation' - Exemplar sale deed was executed exactly 1 year 7 months and 17 days after publication of preliminary notification - Held, deduction of 10 percent under the head of "de-escalation" justified...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Appellate Court framed additional issue - Matter remanded to trial Court for recording evidence of both parties on additional issue and to decide the suit afresh after considering each issue separately - Remand was not for de novo trial - Amendment of written statement cannot be allowed at..........
Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2001, Section 6, 18, Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003, Rule 11, 12 -..........
Essential Commodities Act, 1955, Section 3 -- Award of retail outlet dealership - Eligibility criteria - As per advertisement the applicant is required to be resident of advertised location - Stay of applicant at Gaya being only for the purposes of his service - Held, he cannot be legally assumed to be an ordinary resident of Gaya because except for his service he would..........
Service -- Appointment of Gaonburah - He holds a civil post - In the matter of appointment of Gaonburah Executive Instructions provide for certain factors to be taken into consideration which are (1) claim of the family of the Gaonburah; (2) the views of the Maujadar; (3) the suitability of the person for the post - Appellant was appointed to the post - In appeal,..........
Probation of Offenders Act, 1958, Section 3, 5, Criminal Procedure Code, 1973, Section 357 -- S.357(1) & (2) operate only when sentence is imposed - In case of release under S.3 of Probation of Offenders Act, compensation can be awarded to de facto complainant...........
Service -- Disciplinary proceedings - High Court gave liberty to hold de novo enquiry - Means the entire earlier proceedings including the charge sheet issued earlier stood quashed - Held, it was not permissible for the appellants to proceed on the basis of charge sheet issued earlier - Question of initiating a fresh enquiry without giving a fresh charge sheet could not..........
Punjab Panchayati Raj Act, 1994, Section 19 -- Removal of petitioner from the post of Sarpanch by passing resolution of `No Confidence Motion' - Removal yet to be de-notified - Held, mere passing of alleged resolution of `No Confidence Motion', ipso-facto is not sufficient for removal from the post Sarpanch, unless all other formalities, including statutory formality of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If allowed would amount to re-opening the trial and de novo proceedings will be started and there will be no end to the litigation - Petitioner has not shown any diligence much less to say due diligence while defending his case at the relevant time - Dismissal of application - Calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Offence by company - Examination of de facto complainant - Held, where complainant is an incorporeal body represented by one of its employees, the employee who is a public servant is de facto complainant and in signing and presenting the complaint, he..........
