Land Acquisition Act, 1894, Section 4, 5A, 6 -- Land acquisition - Notification u/s 4 issued in 2002 and u/s 6 in the year 2003 - Challenged on ground that opportunity of hearing of objections not given - Declaration quashed - Land owners agreed not to raise any objections later on with regard to limitation if second declaration issued - Second declaration issued in 2006 -..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Notification u/s 6 issued after four years - Beyond limitation of one year - Barred by proviso u/s 6 - Provision is couched in negative language, hence mandatory in nature...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Determination - Ordinarily guess work is to be kept at bay while assessing the market value of the acquired land - Potentiality of the acquired land or any advantageous features or any circumstances available in each case to be taken into consideration - However, bonafide and genuine sale..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 3(1) -- After passing of eviction decree by civil court Rent Act became applicable - Rent Act became applicable when execution process of Civil Court decree had not come to full realization - Decree Holder was trying execution of Civil Court decree after notification had been made to the area to come within..........
Land Acquisition Act, 1894, Section 4, 6, 18 -- Land acquisition - Compensation - Depends upon facts and circumstances of each case - Depends upon amount of consideration mentioned in sale deeds of similar situated land near about the date of issuance of notification - In absence of any such exemplars, the market value can be determined on yield basis or in case of an..........
Land Acquisition Act, 1894, Section 48, 17 -- Land acquisition - Possession of notified land taken over - Notification u/s 48 of the Act cannot be issued on the ground that major part of land is not physically taken over - When provision of S.17 was taken recourse to, vesting land in State had taken effect immediately - Plea that merely symbolic possession wass taken is..........
Land Acquisition Act, 1894, Section 4, 6 -- Haryana Development and Regulation of Urban Areas Act, 1975 - Notification u/s 4 of the Act - Excluding land from notification u/s 6 of the Act - Power can be exercised which may not defeat the declared public purpose - Exercise of power for issuing licenses for earning development charges or releasing land to builders may not be..........
Minimum Wages Act, 1948, Section 5 -- Minimum wages - Fixation of minimum rate of wages - Procedure - Personal hearing - Requirement of Section 5 of the Act is a publication of the proposal for information of the persons likely to be affected - In response to the said proposal, all representation received by it within the specified date in the Notification under Clause (b)..........
Minimum Wages Act, 1948, Section 5(2) -- Minimum wages - Fixation of minimum rate of wages - Notification - Retrospective operation - Held that discretion is given to the Appropriate Government for giving effect to the Notification to be effective prospectively as well as retrospectively...........
Foreign Trade (Development and Regulations) Act, 1992, Section 5, Constitution of India, 1950, Article 14, 19(1)(g) -- Govt. floated Export Promotion Scheme under which Export Houses achieving a quantum growth in exports in current year in comparison to previous year were granted duty credit entitlement - Benefit so conferred under the Scheme withdrawn vide notification..........
