Factories Act, 1948, Section 46 -- Canteens in railway division - Regularizing services of employees of canteen - Subject canteen is `Statutory canteen' u/s.46 of the Act - Since, appellants/canteen workers were not appointed as per the regular recruitment procedure, in order to regularize their services their services need to be ratified in consonance with principles laid..........
Land Acquisition Act, 1894, Section 3(b), 3(f)(viii), Karnataka Industrial Areas Development Act, 1966, Section 2(11), 28 -- Land acquisition - Determination of market value for compensation - Applicability of S.3 of Land Acquisition Act - Acquisition of land for development of industrial estate by State and transferred to KIADB - Land allotted to cement company by KIADB..........
Land Acquisition Act, 1894, Section 4, Karnataka Industrial Areas Development Act, 1966, Section 28 -- Land acquisition - `Public purpose' - Its definition cannot be imported to acquisition of land by State Government for development of industrial estate under provisions of KIAD Act...........
Karnataka Industrial Areas Development Act, 1966, Section 30, Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation of - Deductions towards escalation charges - Challenge as to - Acquisition of land by State Government for development of industrial estate at instance of KIADB - Land in question has non-agricultural potentiality - Therefore, 25%..........
Madhya Pradesh (Chhattisgarh) Nagar Thatha Gram Nivesh Adhiniyam, 1973, Section 50(1) -- Development Authority to declare its intention to prepare a Town Development Scheme "at any time" - Phrase "at any time" does not give unbridled arbitrary power to the Authority as it requires study, survey and assessment of need/requirement of plots for the residents of the area..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Total compensation - Keeping in view the victim is in vegetative state of condition and would continue to be so in future and also of pain and suffering and loss of amenities and enjoyment of life caused to victim due to accident, total compensation of Rs.15,97,400 with 9% interest awarded...........
Protection of Human Rights Act, 1993, Section 1 -- Human Rights - Violation of - Directions issued viz. (i) Defaulting states shall within a period of six months from the date of this order set up State Human Rights Commissions for their respective territories with or without resort to provisions of S.21(6) of Protection of Human Rights Act; (ii) All vacancies, for the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 789 days in filing appeal - Sufficient cause - Explanation offered by petitioner that on account of his migration to other State he could not meet his counsel within time and failed to file the appeal is not bona fide - More so, participation of petitioner in final decree proceedings exposes falsity of his..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of adverse possession - Petitioner not able to state any particular date as to when he entered into possession of suit property - Petitioner thus found to have no claim in the eye of law as regards his independent right nor he has right to question the decree passed in suit in which..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Power to grant sanction with Department of Law and Justice is conferred by notification dated 3.2.1988 - Circular dated 28.2.1998 does not confer any new power and it only clarifies that Department of Law and Justice is a competent authority not only in respect of investigations made by..........
