Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Karnataka Industrial Areas Development Act, 1966, Section 28, 29 -- Acquisition of land - Deemed lapse - In the instant case, large chunk of land was acquired under Act, 1966 - However, minuscule part of said land belong to respondents and consent..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Reasonable amount awarded under one head - Nothing awarded under another head though it should have been so awarded - Overall award just and fair - Not proper to interfere in such award...........
Adhoc employee -- Appointment - Legality - Appointments given on ad hoc basis highly polluted by ill means as vacancies filled were not notified - Even, no fair criteria was adopted for appointing persons on ad hoc basis in regular pay-scales - Moreover, selections made just at whims of Member Secretary or Bikaner Engineering College Society - Appointments outcome of..........
Essential Commodities Act, 1955, Section 7, 10A, Criminal Procedure Code, 1973, Section 482, Madhya Pradesh Public Distribution System (Control) Order, 2009, Section 11(5) -- Quashing of FIR - Irregularities in Fair Price Shop, violating condition of Order - When charge sheet has been filed and cognizance has been taken then under circumstance whether I.O. was competent to..........
Pension Regulations of the Army Rules, 1973, Rule 173, Constitution of India, Article 226 -- Pension - Decision of disability when taken by expert medical boards constituted in Army for purpose of evaluation of invalidating disablement entitling person to disability pension is not to be reviewed judicially on writ side of High Court without decision being on face of it..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908 -- Rent and Eviction - Material alternation - Amendment of plaint - If during period of litigation, tenant has further materially altered premises, it would be within legal right of landlord to bring necessary facts to the notice of Court - It would not be fair in such..........
Service -- Disciplinary enquiry - Removal from service - Enquiry conducted without giving a fair and reasonable opportunity for leading evidence in defence - Disciplinary Authority does not appear to have properly appreciated the evidence nor recorded reasons in support of his conclusion - Even the Appellate authority instead of recording its own reasons and independently..........
Constitution of India, 1950, Article 226 -- Judicial review - Scope - It is confined only to illegality, irrationality or procedural impropriety committed by the decision making authority - Moreover, Court cannot sit in appeal over the soundness of the decision by the Competent Authority and Court can only examine whether decision making process was fair, reasonable,..........
Constitution of India, 1950, Article 14, 19(1)(g), Private Security Agencies (Regulation) Act, 2005, Section 13(4) - - Private security agency - Cancellation of licence - Recording of reasons - S.13(4) of the Act provides that order of cancellation has to be preceded by reasonable opportunity of hearing - Hence, principles of natural justice and fair plea is statutorily..........
Copyright -- Fair use - There has to be fairness in every action, and irrespective of a statute expressly incorporating fair use, unless legislative intent expressly excludes fair use, especially when a person`s result of labour is being utilized by somebody else, fair use must be read into the statute...........
