Punjab Panchayati Raj Act, 1994, Section 19 -- Removal of Sarpanch - Complaint against Sarpanch regarding illegal possession of Panchayat land - Sarpanch exonerated by DDPO after enquiry - However, Sarpanch indicted by second enquiry - DDPO recorded valid reasons while exonerating but the same was ignored by Director with impunity as he was not satisfied with first enquiry..........
Land Acquisition Act, 1894 - - Tenancy - Suit for eviction and recovery of arrears of rent - Joint tenants - Service of notice - Mother was a party in Suit along with other joint tenants including petitioners - Notice was served upon mother as well as other joint tenants who contested suit by filing written statement - Plea that petitioners were not served in the suit -..........
Land Acquisition Act, 1894, Section 3(f), 5A, 17 -- Acquisition of land by invoking emergency provisions - Time which elapsed between publication of S.4(1) and S.17 notification and S.6 declaration in the local newspaper is of almost one year - Held, the slow pace at which Govt. machinery had functioned in processing the acquisition clearly shows that there was no urgency..........
Land Acquisition Act, 1894, Section 3(f), 5A, 17(4) -- Acquisition of land for public purposes - Held, construction of jail is certainly in public interest and for such construction land may be acquired - But such acquisition can be made only by strictly following the mandate of the Act - Such acquisition cannot be made by invoking emergency provision of S.17 of the Act -..........
Protection of Human Rights Act, 1993, Section 2(d) -- Human Rights Commission (HRC) entertained complaint containing allegations of land grabbing by Govt. Company - Held, HRC is entitled to go into matters of violation of human rights as defined under Act - Allegation of land grabbing cannot form subject matter of enquiry/adjudication by Commission...........
Civil Procedure Code, 1908, Order 22, Rule 3, Land Acquisition Act, 1894, Section 23(1A) -- Compensation - Interest - Non-payment of interest on enhanced amount from the date of receiving of reference petition dated 02.05.1998 to the date of filing of substitution application i.e. 02.02.2007 - Wife of deceased received Reference Court notice on 02.06.1998, despite receipt..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Seeking exhibit number for sale deed - In title Suit original defendants were claiming share in land by virtue of sale deed - Whenever any document is presented before the trial Court and especially when it is an original one and also when it is referred with affidavit, exhibit number ought to have been..........
Indian Penal Code, 1860, Section 147, 302 -- Conviction - Ocular evidence and medical evidence in conflict as to nature of injury - One witness turned hostile - Some of the witnesses of the same family and inimical to accused and not supported by independent witnesses - No evidence as to which injury resulted into death - Land dispute between parties - Injuries on the..........
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34, 5 -- Ownership - Res judicata - By order of Land Tribunal dated 27.11.1976, right of defendant No.4 had been recognized as a tenant in respect of land in question - He was declared to be a tenant and he got right in respect of suit land - Said order has already become final - Defendant No.4..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Basically suit relating to boundary dispute concerning identification, location and measurement of suit land - Held, ordinarily in such type of cases local investigation should not be deferred to a stage after the closure of evidence - Impugned order holding the application to be not maintainable, as it..........
