Criminal Procedure Code, 1973, Section 223, 317 -- Special Court - Separation of trial - Permissibility - Physical inability of accused to attend court - Notification issued by State Govt. directing conduct of trial against accused in jail - Co-accused sought separate trial - Held, notification is in terms of Sessions cases and not of an offence against any particular..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Comparable sales - It is with a view to reduce the element of speculation - In a comparable sale the features are: (1) it must be within a reasonable time of the date of the notification; (2) it should be a bona fide transaction; (3) it should be a sale of the land acquired or land..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Depends upon a large number of factors - The first is nature and quality of land whether agricultural land or homestead land - If it is agricultural land then other factors relevant are also required to be considered viz. as to whether it is irrigated or non-irrigated, extent of..........
Land Acquisition Act, 1894, Section 4, 6, 48 -- Land acquisition - Some of land owners challenged notification issued u/s 4 of the Act and declaration issued u/s 6 of the Act by filing writ petitions and same allowed - Held, order will operate for all land owners including those who had not raised any challenge against acquisition - However, land owners are required to..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Quashing of notification sought on the ground of discrimination - Appellant taking plea that construction made by them has been acquired whereas similar kind of construction made with regard to others similar situated persons has been left out - High Court dismissed petition - Judgment of High Court set aside -..........
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226, 14 -- Land acquisition - Notification of acquisition quashed - Petitioner, whose land was also acquired and who had filed petition seeking enhancement of compensation, got the petition dismissed as infructuous after quashing of notification, but failed to deposit back the compensation in..........
Land Acquisition Act, 1894, Section 4, 6, 5A, 17 -- Acquisition of land for public purpose by invoking urgency provisions, for construction of approach road - Govt. took more than three months for issuance of notification - No decision taken by the Govt. for dispensing with the provisions of Section 5-A of the Act to invite objections - Held, mere issuance of notification..........
Land Acquisition Act, 1894, Section 4, 6, 17 -- Acquisition of land - Invocation of urgency clause - Publication of notification u/s 4 and a declaration u/s 6 of the Act - There has to be at least one day's gap of time between the publication of notification and declaration - However, publication of notification u/s 4 of the Act in the newspaper or publication of its..........
Criminal Procedure Code, 1973, Section 95 -- Forfeiture of publication - Offences u/ss. 501, 153-A, 295-A IPC - Validity of Notification Dt. 27.09.2001, where it appears that Punjabi Book written by petitioner contains objectionable material promoting enmity between religions - Notification does not state grounds and formulation of opinion on such grounds in the order as..........
Criminal Procedure Code, 1973, Section 285 -- Foreign country - Examination of witnesses - Appointment of commission - Held, S.285(3) of Cr.P.C. provides for appointment of commission for examination of witnesses where there is arrangement between Central Govt. and Govt. of such country or place for taking evidence of witnesses in relation to criminal matters as Central..........