Land Acquisition Act, 1894, Section 5A, 4, 6 -- Land Acquisition Collector while deciding objections under Section 5 - A recommended to State Government to release particular land - Recommendation after being duly considered by competent authority not accepted and decided that land as notified be acquired - Acquisition proceedings not illegal...........
Civil Procedure Code, 1908, Order 41, Rule 3 -- A-Appeal when presented after expiry of period of limitation - Unless along with the appeal application filed seeding condonation of delay - Appeal cannot have any existence - Cannot be entertained - Facts have to be alleged as to why delay occurred in filing of appeal - Where no application filed - No ground to entertain..........
Motor Vehicles Act, 1988, Section 3, 2(23), 2(21), 66 -- Driving licence - Validity - A vehicle cannot be used as transport vehicle on a public road unless there is a permit issued by the Regional Transport Authority for that purpose - In the instant case there is neither a pleading to that effect by any party nor there is any permit on record, the vehicle in question..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3 -- A-Application to recall order passed on compromise on allegations of fraud and misrepresentation - Not within purview of Section 151 to examine merit and demerit of rival contentions - Compromise entered into by committing fraud or misrepresentation is a voidable act and not void ab initio - Till these..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Review - No provision in the Act conferring powers on Director Consolidation to review earlier order - Order under Section 42 reviewing earlier order - Not sustainable...........
Haryana Municipal Act, 1973, Section 203(1)(c) -- Declared void w.e.f. 15.7.1994 by Supreme Court in Yogendra's case (1994) 5 SCC 709 - Land which fell in Town Planning Scheme transferred to Municipal Committee and possession taken over before 1517.1994 - Compensation in regard to land in excess of 25% - Land taken for public purpose on the basis of notification issued by..........
Indian Penal Code, 1860, Section 302 -- Single blow - No principle that in all cases single blow will not attract S.302 IPC - Single blow may, in some cases entail conviction under Section 302 IPC , in some case under Section 304 I.P.C. and in some other cases under Section 326 I.P.C. - Nature of offence has to the determined on the facts and in the circumstances of each..........
Specific Relief Act, Section 14(d), 20, 21 -- Defendant cannot take advantage of his own wrong by unilaterally writing a letter that he does not want to perform the contract - Where violation has been made by vendor (after entering into agreement of sale disposed of property to somebody else) - Specific performance has to be granted to vendee unless case of plaintiff..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 21, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Act does not provide for grant of interim maintenance pending the final decision of the proceedings yet the Court by virtue of the duty to render fair justice and in exercise of its inherent power under Section 151 CPC has wide discretion to grant..........
Civil Procedure Code, 1908, Section 2(2) -- Compromise/consent decree - Binding on parties as a decree passed after contest - Compromise/consent decree has binding force of res judicata if same not vitiated by fraud, misrepresentation, misunderstanding or mistake - Consent decree or order based on statements of parties recorded in Court - Not required to be registered -..........
