Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Additional compensation - Challenge as to - Issue of additional compensation by making an artificial classification of land as pushtaini and Gair-pushtaini was not in existence at the time of agreement - There was thus, no occasion to challenge the same - Moreover, appellants because of their signing agreement..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - If accused does not throw any light upon facts which are proved to be within his special knowledge, such failure on part of accused may be used against accused as it may provide an additional link in chain of circumstances required to be proved against him...........
National Green Tribunal Act, 2010, Section 16 -- Appeal before National Green Tribunal (NGT) - An aggrieved person may always challenge the corrigendum to the EC, however, the appeal will be restricted to the corrigendum to the EC on additional conditions only, if the original EC is not under challenge and/or the original EC has been confirmed by the NGT earlier on certain..........
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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Additional compensation - Appellant `A' suffered 95% permanent disability and appellant `S' suffered 70% disability - Considering their medical condition and various heads under which they claim compensation, additional compensation of Rs.25,67,000/- awarded to appellant `A' along with interest as..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Rejection of counter claim - Counter claim filed much after framing of issues as well as filing of additional written statement - Allowing counter claim would relate back to date of filing of dispute and date of impleadment of petitioners as opponent in dispute application i.e in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Suit for return of gold ornaments - When a claim for realization of additional amount is added, it may amount to addition of a new relief - However, in the nature of present proceedings, addition of such a claim would not change the nature or character of proceedings - Such an addition may have..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merely because complainant deposed before Court that petitioner is involved in crime not ipso facto make out a case for prosecution to file an application u/s 319 Cr.P.C to arraign petitioner as an additional accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Material, which is brought before Court, must be of such a nature as would satisfy Court that it would reasonably lead to conviction of the person sought to be summoned...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate failed to make out case U.O.41.r.27 CPC for taking additional evidence on record - Even, he failed to prove relevancy of document which is sought to be filed along with application - Application rightly rejected...........
