Civil Procedure Code, 1908, Section 25 -- Transfer of testamentary case - Testamentary case is pending in High Court of Uttarakhand and its transfer sought to District Court Delhi - Since Will set up by petitioner covers properties located both in Nainital and Delhi, both these Courts have concurrent jurisdiction - But in view of S.273 Proviso (b) of Succession Act,..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Court cannot fix or determine quantum of victim compensation u/s 357-A Cr.P.C, rather Court has power only to recommend to District or State Legal Service Authority to pay compensation, without quantifying the amount, which has to be quantified and assessed adequately by the State or District Legal..........
Criminal Procedure Code, 1973, Section 438, 357A -- Anticipatory bail - Granted with condition to pay victim compensation - Offence u/ss 420, 406 IPC - Bail was granted on merits after considering relevant considerations - Court imposed a condition that accused jointly will pay Rs.1 lakh victim compensation on submission made by accused at the time of hearing that they are..........
Civil Procedure Code, 1908, Section 80(2) -- Suit against government without issuing notice - Interim relief - Can only be granted when leave to institute suit against Government without notice is granted and then only interim relief can be granted after hearing the State - In the instant case interim relief granted when leave had been refused - Prior to grant of leave,..........
Service -- Payment of deferred salary and pension - Interest - Salaries and pensions of State Government employees deferred due to financial crisis in State in view of COVID-19 Pandemic - However, State Government has complied with directions of SC for payment of outstanding dues in two tranches - Insofar as interest is concerned, rate of 12% interest p.a as fixed by High..........
Govt.Land/Panchayat land -- Un-authorised occupation - Regularisation - Persons in illegal occupation of Government Land/Panchayat land cannot as a matter of right claim regularisation - Regularisation of illegal occupation of Government land/Panchayat land can only be as per policy of State Government and conditions stipulated in Rules - If it is found that conditions..........
Govt.Land/Panchayat land -- Un-authorised occupation - Regularisation - Policy formulated by State Government specifically contained a stipulation to the effect that illegal/un-authorised occupation up to a maximum of 200 square yards only can be sold on regularisation and on fulfillment of other condition mentioned in policy - Petitioners are found to be in illegal..........
Service -- Appointment - Post of Police Sub-Inspector - Government Resolution (GR) 2019 - Challenge as to - State issued GR without any consultation or prior approval by Maharashtra Public Service Commission - GR seeks to fill up double number of vacancies which were notified for Post - Authority cannot fill up more than notified number of vacancies advertised, as..........
Criminal Procedure Code, 1973, Section 432, 433 -- Remission - District Magistrate of all districts in State of U.P shall reevaluate cases for remission after 14 years of incarceration as per mandate of Ss.432, 433 Cr.P.C even if appeals are pending in High Court...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that complainant was sent abroad by illegal method after payment of Rs.22 lakhs and he is arrested in USA and thereafter repatriated to India - However, to whom he has paid said money is not clear - Object of payment of money if any could be..........
