Constitution of India, 1950, Article 14 -- Discrimination - Judicial review - Executive power has to be exercised in public interest and with bona fide intentions - In order to achieve bona fide end, means must also justify the end - Bonafide ends cannot be achieved by questionable means, specially when State is involved...........
Constitution of India, 1950, Article 14 -- Allotment - Permissible mode and method for allotment - Power of Government to change allotments without public advertisement - Allotment of different and bigger plot in lieu of initial plot without fresh advertisement or public offer - Once Government has initiated process of advertisement, it cannot abandon the same and allot a..........
Civil Procedure Code, 1908, Order 6, Rule 2, Constitution of India, 1950, Article 226 -- Pleadings - Public interest litigation - Strict Rules of pleadings may not apply to public interest litigation - However, there must be sufficient material in the petition on the basis of which Court may proceed - Litigant has to lay factual foundation for his averments on basis of..........
Constitution of India, 1950, Article 226, 21, 162 -- Policy decision - Judicial review - Government has power and is competent to change policy on basis of ground realities - However, public policy cannot be challenged through Public Interest Litigation where State Government is competent to frame policy and there is no need for anyone to raise any grievance even if policy..........
Indian Penal Code, 1860, Section 302, 34 -- Death by public servant - Benefit of S.300 exception 3 IPC - Accused/police officials fired without provocation at car on account of mistaken identity of deceased as wanted criminal - Defence of police that firing was initiated by deceased first stands unacceptable as it was proved that pistol was planted in car to create defence..........
Land Acquisition Act, 1894, Section 4, 6, 11, 16 -- Acquisition of land by government for public purpose - Collector passed award but possession remained with land owners - Held, land cannot vest in government if actual possession not taken - S.16 of the Act does not envisage presumption of vesting possession...........
Land Acquisition Act, 1894, Section 54 -- Acquisition of land for public purpose - Compensation at Rs.3,000/- per bigha which was enhanced by reference court - Compensation further enhanced by High Court relying upon judgment of Anil Kumar Sharma v/s Union of India - Plea of appellant that judgment relied upon by High Court was set aside by Appellate Court in DDA v/s Bali..........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration - Mortgage suit - Jurisdiction of Courts - Mortgage is transfer of right in rem - Mortgage suit for sale of mortgaged property is action in rem, for enforcement of right in rem - Suit on mortgage is not mere suit for money - Suit for enforcement of mortgage being enforcement of right in rem, will have to be..........
Prevention of Money Laundering Act, 2003, Section 46(2), Criminal Procedure Code, 1973, Section 24 -- Public prosecutor - Appointment of - Expression `under' in S.46(2) of the Act - Held, it cannot be held that expression `under' in S.46(2) of the Act can be construed to mean that Public Prosecutor will be holding an employment under the State - All that it would mean is..........
Land Acquisition Act, 1894, Section 4,6 -- Acquisition of land for public purpose - Determination of market value - Acquired land agricultural in nature and situated on outskirts of township with residential houses and rice mills in vicinity - LAC awarded compensation at Rs.1,92,000 per acre and same enhanced to Rs.3,40,000 by reference court - High Court in appeal further..........
