Land Acquisition Act, 1894, Section 5A, 6(1) -- Land acquisition - Release of land - Land of appellant and five others acquired for one and the same purpose - Land of five persons released - There could be no justification for not according similar treatment to the appellants - Refusal to release the appellants land resulted in violation of their right to equality granted..........
, Section 4 - - Bombay bomb blast case - Release on probation - Contention on behalf of Sanjay Dutt that he had no previous involvement or conviction prior to one in 1992 which ended in acquittal - Held, circumstances and nature of offence are so serious that they do not warrant Sanjay Dutt (A117) the benefit of provisions of Probation of Offenders Act - However, taking..........
Criminal Procedure Code, 1973, Section 432 -- Remission - Overstaying parole - Exercise of power by State Govt. - Held, petitioner has no vested right for reduction of sentence to release him on completion of total sentence of any period less than prescribed period with remissions pursuant to prison guidelines having force of law - State has sovereign function to exercise..........
Indian Penal Code, 1860, Section 57, 61 - - Life imprisonment - Release of prisoner - Held, neither S.57 IPC nor Explanation to S.61 of the W.B. Act lays down that a life imprisonment prisoner has to be released after completion of 20 years - 20 years mentioned in Explanation to S.61 of W.B. Act is only for the purpose of ordering remission - Once a person is sentenced to..........
Land Acquisition Act, 1894, Section 48, 4, 6 -- Land acquisition - Release of land - Even if the lands of other similarly situated persons has been released, the society must satisfy the court that it is similarly situated in all respects, and has an independent right to get the land released...........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 279, 114, Motor Vehicles Act, 1988, Section 184, 177, 192, 5, 6, 8, 10, 11 - - Release of vehicle seized in an offence u/s 279, 114 IPC, Ss.184, 177 & 192 of Motor Vehicles Act, Ss.5, 6, 8 & 10 of Gujarat Animal Preservation Act and S.11 of Prevention of Cruelty to Animals Act while transporting..........
Criminal Procedure Code, 1973, Section 366, 354, Indian Penal Code, 1860, Section 302 -- Double murder - Death penalty - Accused committed murder of his wife and daughter after release on parole and 12 years R.I. for committing rape of his daughter - Accused`s wife turned him out of his house - Accused unable to earn his livelihood, out of vengeance and frustration killed..........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Magistrate reviewed his own order and cancelled the order vide which the truck was ordered to be released on Superdari - Held, Magistrate is not competent to review his own order...........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Evasion of tax and cheating Excise and Taxation Department - Truck ordered to be released on Superdari - Magistrate reviewed his order and cancelled the order releasing vehicle on Superdari - Held, Magistrate cannot review its own order - Secondly ETO had no locus standi to file an application..........
Uttar Prades Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 19, 16(1)(b) - - Eviction - Release of shop - Validity - Revisional Court passed impugned order by simply observing that within 30 days of handing over of possession, petitioner/landlord has not commenced business though admittedly possession of shop in question is with landlord - It..........
