Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - High Court while granting anticipatory bail to accused has not considered the nature of allegations and seriousness of offences alleged of money laundering - Enquiry/investigation is going on against accused with..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Land in question was already used for sewerage lines which is being used for public purpose and for residents of locality - Even, part of land cannot be released as claimed by petitioners, particularly when acquisition has been completed including payment of compensation and land vested in State government free..........
Judicial service -- Appointment of High Court Judge - Benefit of seniority - Services rendered by petitioners as Fast Track Court Judges have not been recognized by Supreme Court for the purpose of seniority except for pensionary and other retrial benefits - Plea raised by petitioners to consider their service rendered as Fast Track Court Judges as a judicial service for..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Dismissal of application - A case is made out for an order of attachment U.O.38.R.5 CPC - Documents now placed before High court, were not produced before trial Court - Case remanded back for decision of application afresh and petitioners are at liberty to produce said documents..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 95% permanent disability - Future medical expenses - Appellant `A' suffered 95% disability and would require physiotherapy services throughout his life - Compensation awarded by High Court at Rs.3 lakhs appears to be less - Since the multiplier applied is 18, therefore charges for future medical expenses would come to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Additional compensation - Appellant `A' suffered 95% permanent disability and appellant `S' suffered 70% disability - Considering their medical condition and various heads under which they claim compensation, additional compensation of Rs.25,67,000/- awarded to appellant `A' along with interest as..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars were brought on record to aid Court to determine market value - However, High Court was not justified in merely relying on circular fixing floor rates when other evidence was available on record...........
Education -- There was an order for Re-checking of answer sheet by High Court - Moreover, for one particular fault of one individual in one particular matter, all the concluded matters cannot be ordered to be reopened - If the assessment by one examiner/evaluator has been found questionable by the High Court, neither all the examiners could be presumed to be irresponsible..........
Education -- There was an order for Re-checking of answer sheet by High Court - Moreover, for one particular fault of one individual in one particular matter, all the concluded matters cannot be ordered to be reopened - If the assessment by one examiner/evaluator has been found questionable by the High Court, neither all the examiners could be presumed to be irresponsible..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Finding of fact recorded by Tehsildar in summary proceedings cannot be interfered with by High Court u/art 226 of Constitution of India...........
