Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Attempt to rape - Accused admittedly convicted for attempt to rape - Said act of accused is within the definition of molestation etc. for which compensation as per 2013 Scheme is Rs.50,000/- and cannot be termed as `rape' for award of compensation of Rs.3 lacs - Compensation of Rs.50,000/- to victim..........
Legal Services Authorities Act, 1987, Section 22B, 22E -- Permanent Lok Adalat - Consists of three members including Chairman - Award has to be by majority - Out of three atleast two members are required for passing award - Impugned order passed by Chairman singly - Award set aside and case remanded for decision afresh in accordance with law...........
Arbitration Act, 1940, Section 29 -- Arbitration - Pendente lite interest - Award of pendente lite interest depends upon overall intention of agreement - If agreement expressly bars award of interest pendente lite, same cannot be awarded by Arbitrator - Bar to award interest on delayed payment by itself would not be readily inferred as express bar to award interest..........
Civil Procedure Code, 1908, Section 35, Order 23, Rule 1 -- Withdrawal of suit - Costs - Plaintiff withdrawing suit is liable for such costs as Court may award - Court is empowered to pass an order only in respect of costs on withdrawal of suit by plaintiff...........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Supplementary negotiated award of compensation - Reference to Court - Award of compensation announced in absentia, not accepted by appellant, as there being an objection with regard to amount of compensation, particularly regarding statutory benefits - Appellant filed the petition before expiry of six months..........
Bank guarantee -- Encashment and direction to deposit amount of bank guarantee in escrow account in public sector bank and to await disbursement - Bank guarantee being irrevocable and unconditional without any protest or demur, was necessarily to be honoured by bank - Petitioner cannot be allowed to raise any dispute and prevent respondent from encashing bank guarantees -..........
Land Acquisition Act, 1894, Section 48 -- Land acquisition - De-notification of acquired land - Award of the year 1979 - Disputed land lying unused for last 40 years while land is needed badly for public purposes - DDA needed some part of land if not whole of land - It is in the interest of all to put a quietus, otherwise, it is a good case for litigation another couple of..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - It is duty of Court to award just and fair compensation taking into consideration true market value and other relevant factors irrespective of claim made by owner...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value - Land acquired for residential and commercial purposes - Properties do not abut national highway - Admittedly, it is situated about 375 yards away from national highway - It would not be just and proper to award land value of Rs.250 per sq.yard, which is granted to property in..........
Service -- Termination - Reinstatement - Back wages - By the time award was published employee had already attained the age of superannuation - Award cannot be set aside when grievance is limited to back wages - Appropriate orders on back wages alone are permissible - Impugned order set aside - Employee, held, entitled to 50% back wages from the date of termination till..........
