Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Has no adjudicatory power - By allowing the prayer of Public Prosecutor to withdraw prosecution, Lok Adalat has exercised jurisdiction not vested in it - Impugned order quashed...........
Prevention of Corruption Act, 1988, Section 13(1)(b), (2), Indian Penal Code, 1860, Section 120B -- Assets disproportionate to known sources of income - Quashing of FIR - It is desirable that FIR pertaining to corruption cases cannot be quashed at the stage of investigation, as it is difficult to form an opinion conclusively at the stage of investigation that public..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Lands acquired for residential and commercial development purposes could not be utilized and used for public purposes - Except the small parcel of land, all other lands have been released and acquisition with respect to same have been quashed - Acquisition proceeding rightly quashed...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Land in question was already used for sewerage lines which is being used for public purpose and for residents of locality - Even, part of land cannot be released as claimed by petitioners, particularly when acquisition has been completed including payment of compensation and land vested in State government free..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Classification of land as pushtaini and Gair-pushtaini - Classification made by authority does not find its footing in the Act or UP Land Acquisition Rules - Said classification made for the purposes of awarding differential compensation is bad in law - Moreover, when the purpose of acquisition..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute relates to encroachment of public way - Considering dispute of width of public way, Nagar Parishad is a proper party - Application for impleadment of Nagar Parishad as party to suit rightly allowed...........
Environment -- Closure of power plants/units - Power plants are situated in an energy deficient State, which are in operation since 2015 - Closing of power plants would adversely affect power sector of State and which shall not be in larger public interest more particularly power deficient State - Appellant held, permitted to continue with the power plants subject to..........
Evidence Act, 1872, Section 90 -- Document 30 years old - Presumption - Document in question is in the nature of public document having been issued by a statutory authority upon enquiry - Document being old one and having been produced by credible person attracts presumption of correctness u/s 90 of the Act...........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Person booked u/s 188 IPC must have actual knowledge of public servant's order requiring him to do or abstain from doing some act - Acquiring or gaining of such knowledge is a pre-requisite - Any proof of general notification promulgated by a public servant would not satisfy the said requirement...........
