Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention order - Non application of mind - Detaining authority took charge on 10.1.2006 and detention order passed on 27.1.2006 - Documents running into 2000 pages - Contention that authority signed the detention order on grounds prepared by predecessor - No basis of..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 5A, 17 -- Land acquired invoking urgency provisions for public purpose - Writ petition challenging notification on the ground that there is no urgency to dispense with inquiry u/s 5A of the Act and right to file objections is akin to fundamental right and cannot be taken away and interfered with..........
Constitution of India, 1950, Article 226, 300A, Land Acquisition Act, 1894, Section 5A -- Hearing of objections - Duty of Govt. - Scope of consideration - Sec. 5A confers valuable rights having flavour of fundamental rights under Article 14 - LAC duty bound to objectively deal with objections and pass reasoned order to justify acquisition - Hearing of objections must be..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 5A, 6A -- Notification u/s 4 for acquisition of land - Objections u/s 5-A filed by land owners - Objection dismissed - LAC passed recommendation order 'it is proper to aquire the land' - Dismissal of objection without application of mind and without giving opportunity of hearing to land owners..........
Prevention of Corruption Act, 1947, Section 6(1), Prevention of Corruption Act, 1988, Section 19(3) -- Illegal gratification - Sanction for prosecution - Material, statement of witnesses, documents and FIR should be placed before the sanctioning authority for due appreciation of the correct situation - In absence of evidence that evidence and materials were placed before..........
Punjab Land Revenue Rules, 1908 -- Appointment of Lambardar - Qualifications of both candidates almost similar - FC preferred the candidate who is son of deceased lambardar - Order of FC passed on consideration of record and due application of mind - No case made out for interference in exercise of writ jurisdiction...........
Land Acquisition Act, 1894, Section 5 -- Land acquired invoking urgency provisions - Notifications u/s 4 & 6 challenged - Land in dispute measuring only 4 kanals - Left inadvertently while acquiring land for establishing Industrial Estate - Hampering development work and continuity of project - Right to raise objections u/s 5A dispensed with after due application of mind..........
Land Acquisition Act, 1894, Section 5A, 17 -- Urgency provisions - Denial of right to file objections - Sec. 5A confers valuable rights to land owners akin to fundamental right - Denial of fundamental right for lapse or laxity on part of State perpetuate/result in injustice on land owners - Before dispensing enquiry under Sec.5A there must be application of mind that..........
Land Acquisition Act, 1894, Section 5A, 17 -- Acquisition invoking urgency provisions - Denial of right to file objections - Lack of application of mind before dispensing with enquiry u/s.5A - Inaction and laxity on part of State - Challenge to the notification for acquiring land by invoking urgency provisions - Land to be acquired for setting up new mandi township -..........
Service -- Dismissal from service - Non application of mind by Disciplinary Authority and Appellate Authority - Appellate Authority simply adopted the language employed by the Disciplinary Authority - Order passed by Disciplinary Authority and Appellate Authority set aside and matter remitted for fresh disposal - Disciplinary Authority to consider detailed representation..........
