Haryana Panchayati Raj Act, 1994, Section 176(4)(a), 176(4)(b) -- Election of Sarpanch - Total 2329 votes polled - 185 votes declared invalid - 2144 votes found to be valid - Returned candidate secured 612 votes - Defeated candidate secured 588 votes - Election petition - Pleas regarding irregularities and illegaties committed during course of election and also counting..........
Land Acquisition Act, 1894, Section 18, 23 -- Acquisition of land - Award of compensation - LAC assessing the compensation payable to the land owners at Rs. 3 lac per acre - Reference Court enhance the compensation to Rs. 235/- per sq. yds. for the land in the revenue estate of Hisar and to Rs. 135/- per sq. yds. for lands in revenue estate of Satrod Khas and Khurd - Ld...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Belated gathering of evidence, particularly on the direction of Supreme Court, not a ground to refuse bail - Same is the position with regard to confessional statement...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Appeal against award of compensation by High Court - Supreme Court interferes only when there is misapplication of any principle of assessing compensation - Where there is no error in principle committed by High Court then no interference is warranted...........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Notification for acquisition of land - Collector assessed compensation - Reference against Award of Collector by one of the claimants - Claimant `MPS' fail to produce material evidence on record - Reference dismissed by Tribunal - Award of Tribunal upheld by High Court and Supreme Court - Reference by other claimants..........
Constitution of India, 1950, Article 142, Partition Act, 1893, Section 3, Civil Procedure Code, 1908, Order 20, Rule 19, Suit for partition -- Preliminary decree attained finality - Plaintiff/Bank have 83 out of 124 shares - Sale of property by public auction - Plaintiff did not seek to enforce its rights to buy the rights of the other co-sharers in terms of Sec. 3 of the..........
Constitution of India, 1950, Article 21 -- Speedy Trial - Partition suit - Joint receivers allowed to continue for more then 12 years - Suits only awaiting the passing of final decree - The Court was called upon to play a more active role in dispensation of justice - Supreme Court observed unhappiness at the tardiness of the process of Court...........
Consumer Protection Act, 1986, Section 25 -- Execution proceedings - In execution proceedings the District Forum cannot go behind the order - What was ordered either the original plot be allotted or in case it is not available then an alternative plot - The order affirmed upto the Hon'ble Supreme Court - The order complied with after allotting an alternative plot - Plea..........
Administration of justice -- If a party thinks that the happenings in Court have been wrongly recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the Judges, to call the attention of the very Judge who has made the record - That is the only way to have the record corrected - If no such step is taken, the matter ends there..........
Constitution of India, 1950, Article 141 -- Precedent - Mere a direction of the Supreme Court without laying down any principle of law is not a precedent - It is only where the Supreme Court lays down a principle of law that it will amount to precedent...........
