Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Compensation - Enhancement of - Valuation report prepared by witness on behalf of claimants - High Court mechanically accepted the subject valuation report merely because valuation report of same witness came to be accepted by Supreme court in other reference proceedings - No proper analysis of oral..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Temporary injunction - Restraint order passed against appellants whose application for impleadment was pending - Restraint order cannot be passed against a person who is not party to the litigation as it is against basic tenets of law besides gross violation of principles of..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Alteration has completely changed nature of case set up by prosecution - It is not a case where evidence emerged suddenly during course of trial, but version of PW1 from beginning alleged forcible administration of poison to victim, however, during investigation it was found..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Allotment of alternative land in lieu of acquisition - Land acquired for Railways project on behalf of Government of India and not for State Government or State Authority - No scheme formulated in relation to stated railways project implemented by Central Government for providing alternative housing sites to..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4, Hindu Marriage Act, 1955, Section 13(1), Family Courts Act, 1984, Section 7(1)(g) -- Suit for divorce - Dismissal in default - Application for restoration - Parallel proceeding of child custody still pending, judgment is not pronounced therefore bonafide belief of petitioner cannot be unnoticed - Parties must be given a fair..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Power of Court - Court has power to set aside dismissal and shall appoint a day for proceeding with the suit the moment Court satisfies about sufficient cause shown by plaintiff...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte award - Setting aside - Proceedings under Motor vehicle Act - Appellant was registered owner of offending vehicle - Report of process server is in contradiction to report of Sarpanch - Entire liability is fastened on appellant, as insurer is absolved of its liability to pay compensation - Moreover, nobody has..........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Whether an act is a fraudulent act has to be proved by a strong set of evidence, since in law, a man is presumed to intent the natural consequence of his act...........
Indian Penal Code, 1860, Section 406, 420 -- Offence u/ss 406, 420 - There is fundamental inconsistency between offence u/ss 406, 420 IPC - On same set of facts, offences u/ss. 406, 420 IPC cannot stand together, being anti-thesis of each other...........
Civil Procedure Code, 1908, Section 47 -- Arbitration award - Execution - Relief of eviction and compensation not granted - D.H. did not challenge the award - In absence of any challenge to award at the instance of DH, such lacunae cannot be patched up by introducing prayers by way of execution, which were not granted in award itself - Executing Court exceeded its..........
