Land Acquisition Act, 1894, Section 11, 11A -- Acquisition of land - Validity of award - Award passed in the year 1996 - Award upheld by High Court and Supreme Court - Filing fresh writ petition challenging validity of award for first time in 2004, therefore, not only barred by provisions of O.2.R.2 CPC but also barred on the doctrine of laches and delays as well...........
Land Acquisition Act, 1894, Section 17, 11, 11A -- Acquisition of land - Validity of award - Land acquired by invoking urgency clause u/s 17 of the Act and dispensing with requirement of filing objections u/s 5-A of the Act - This action on the part of Government was upheld by Supreme Court in the first round of litigation - S.11-A of the Act is not even attracted once..........
Auction -- Rejection of bid - Delegation of power to Administration to accept/reject bid - Validity - Presiding officer was the Administrator - Even as per the terms of auction also, Administrator was having the power to accept or reject the bid - Moreover, plaintiff failed to question the delegation of power before Courts below - Plaintiff held, not entitled to raise such..........
Auction -- Rejection of bid - Validity - Bid rejected after considering the reports, as price fetched was on lower side as compared to similar properties in other urban areas - Moreover, Administrator not only rejected the plaintiffs bid but also rejected the six other bids in the interest of public, revenue of State and in the interest of HUDA - Rejection of bid, held,..........
Indian Penal Code, 1860, Section 494 -- Second marriage - No assertion about validity of second marriage - Nothing on record to show that second marriage was a valid marriage or essential for S.5 of Hindu Marriage Act are fulfilled - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued through counsel - Misdescription of date and time - Does not militate and derogate the validity of notice, particularly when accused has himself issued the cheque...........
Admission to MBBS Course -- Contrary to Schedule prescribed by Medical Council of India (MCI) conducting NEET - Validity - Petitioner granted admission to MBBS Course by examination CGMAT 2016 conducted by college in defiance with notification issued by MCI - However, admission to MBBS college can be only through NEET - No other process of admission was permissible -..........
Electricity Act, 1910, Section 26(2) -- Issuing of supplementary bill - Validity - As per Electrical Inspector no material was available to ascertain to come to a conclusion about exact period during which such meter might have malfunctioned - Moreover, Electrical Inspector not considered any malfunctioning of meter and electricity generation by company using diesel..........
Civil Procedure Code, 1908, Order 15, Rule 2 -- One out of several defendants proceeded ex parte - Decretal of suit against defendant proceeded ex parte - Held, absence of defendant does not absolve plaintiff from satisfying trial Court about validity of his claim - Rather in a case where defendant has been proceeded ex parte, Court is to be more vigilant and satisfy..........
Evidence Act, 1872, Section 112 -- DNA Test - Once validity of marriage is proved then there is strong presumption about legitimacy of children born out of that wedlock - It is also settled proposition of law that law does not presume anything odious or dishonourable - Presumption of conclusive proof can be rebutted by strong and clear conclusive evidence...........
