Land Acquisition Act, 1894, Section 6 -- Acquisition of land - Notification u/s 6 of Act - In the formal notification decision on the report of Collector was taken in the name of Governor - No fault found in the said notification on the ground that it is contrary or inconsistent with the provisions of Art.166 of Constitution...........
Land Acquisition Act, 1894, Section 6 -- Acquisition of land - Notification u/s 6 of Act - Merely because approval to the report of Collector and S.6 notification is of same day, it cannot lead to any adverse conclusion so as to invalidate either decision taken or notification issued...........
Land Acquisition Act, 1894, Section 17(1) -- Acquisition of land - Urgency clause - Notice to handing over possession issued and report of service of such notice submitted to concerned authority - Thereafter possession was taken - Possession certificates does not show that only symbolic possession was taken - Order of acquisition of land, held, proper...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Test identification report in jail is not a substantive piece of evidence but it can only be used as corroborative evidence and could not be of much evidentiary value...........
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Dacoity - Secret information - Allegation that accused persons assembled together in the grove of guava and were planning to commit dacoity in the house of pradhan of village - However, neither any firing was done by miscreants assembled with deadly weapons nor person whose residence dacoity was to be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 287, 336 -- Quashing of FIR - Death due to rash and negligent act - Out of Court settlement - Alleged offences are no, compoundable offences and it is not expedient in the ends of justice to quash FIR on the basis of out of Court settlement, as out of Court settlement is not per se..........
Age -- Age of deceased - Postmortem report and Ration Card - Ration Card cannot be taken as conclusive proof of age...........
Income Tax Act, 1961, Section 147, 148 -- Assessment - Re-opening of - Notice u/s 148 of the Act - Validity of notice - Assessee not disclosing actual asset of the plot - Authority itself mentioned in the notice u/s 148 of the Act that information was available only in valuation report - Giving information in said manner shall be of no help to appellant as Assessing..........
Prevention of Food Adulteration Act, 1954, Section 13(2E) -- Re-analysis of samples - Permissibility - As per evidence on record, prosecution not produced any iota of evidence before Court below as to subjective satisfaction recorded by either of authorities - Even, report obtained from Public Analyst not produced before Court below - Thus, without arriving at subjective..........
Insurance -- Transit loss - Report of surveyor appointed by insurer confirmed that there was a loss - Thereafter investigator was appointed without any valid reasons - Report of surveyor prevails over report of investigator...........
