Land Acquisition Act, 1894, Section 6 -- Land acquisition - Declaration - A declaration has to be made that land acquisition is either for a public purpose or for a company - It cannot be for both...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Governor refused sanction for prosecution of Chief Minister and a Minister in a criminal case - Public interest litigation before Supreme Court dismissed - It is for the appropriate Court to see as to whether sanction of Governor was required or not or if the Governor committed error in passing an..........
Service -- Transfer - Transfer made in administrative exigencies or in public interest or for smooth functioning of the system do not warrant any interference under Article 226 and 227 of the Constitution of India...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Offence under SCST Act took place inside a cabin - To constitute an offence under the Act incident of insult or intimidation has to occur in place accessible to and in the presence of the public - Cabin where offence took place not..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Member of All India Service employed in connection with the affairs of the State - Authority competent to grant sanction to prosecute him is State Government and not Central Government...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Power of state to acquire land - Absolute - State may acquire any land - Constructed or vaccant, if it is necessary to achieve public purpose. Jai Parkash's case, 2007 (2) RCR Civil 271 relied...........
Consumer Protection Act, 1986, Section 2(1)(e) -- Consumer dispute - Housing - Shop site - Auction of site - Jurisdiction - Complaint maintainability - Plea that the District Forum had no jurisdiction to entertain the complaint as the shop site was allotted to the complainant on the basis of public auction repelled...........
Chocolate -- Infected with threads of insects web - Plea that Public Analyst report taken behind back of the petitioner and batch number and manufacturing date not mentioned is of no relevance - It was open to petitioner to have reexamined it by another Analyst which course of action was not adopted - Order of the Fora below allowing compensation of Rs. 5,000/- upheld...........
Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporations in Government Services Rules, 1991 -- Retrenchment - Closure of Training-cum-Production Centre of IERT - Protection sought under Absorption Rules, 1991 of the UP State - Held that in order to bring application of the Rules the public corporation has to be body corporate established or..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Petitioners/Junior Engineers in Electricity Dept., alleged to have committed offences u/ss 447, 323, 504 and 379, IPC - Petitioners allegedly took away generator sets during raid conducted on premises of complainant - Held, petitioners being officers of Electricity Department had gone to conduct raid..........
