Land Acquisition Act, Section 23 -- Market value of acquired land, determination of - With the object of making a fair assessment - Court looks into bona fide transactions regarding adjacent lands subject to considerations like location, size and potential etc. - Proximity of time in execution of sale deeds and quality of land are also taken into consideration - Land..........
Punjab Package Deal Properties (Disposal) Act, Section 15,2(1) -- Commissioner includes Additional Commissioner - Plea that Additional Commissioner has no power/jurisdiction to decide revision petition and it is only State Government or Commissioner who can interfere under Section 15 - Not tenable - Very definition of Commissioner in Section 2(1) postulates that there can..........
Quick Disposal of Cases -- Adjournments - Very often adjournments are taken in collusion between two opposing lawyers in direct contravention of provisions of Advocates Act and provisions of Rule 1(2) of Order 17 CPC - This rule indicates that there should be day-to-day hearing of all suits unless for some exceptional reasons, to be recorded, adjournment becomes necessary..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Registration of - Petitioner lodging written complaint with SHO on 16.04.1997 which disclosed commission of cognizable offence - Approached Senior Superintendent of Police on 17.04.1997 - Refusal to register a case - Matter allegedly enquired by SHO without registration of case - Held police officer concerned is guilty of..........
Evidence Act, 1872, Section 25 -- Confession - Admissibility - A Senior Reserve Police Officer appointed under Bombay State Reserve Police Force Act, 1951 - Not an Investigating Officer within meaning of Chapter XII of Cr.P.C. - Confession made to him is not hit by S.25 of the Act...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 25, Indian Penal Code, 1860, Section 302, 114 -- Acquittal - Appeal against - Flag hoisting ceremony on Independence Day - Murder of M.L.A. - Homicidal death of deceased - Apprehension of first respondent at scene of occurrence proved - Recovery of pistol and handkerchief allegedly thrown over head of..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Sections 20 and 50 - Appeal against conviction - The word `Senior Officer' used therein in the content of the judgment means such senior officer who is either a gazetted officer or a Magistrate and cannot be read to mean any police officer higher in rank to the officer who was conducting the search and seizure...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Discharge of the accused under section 7 read with Section 13 of the Prevention of Corruption Act, 1988 holding that no proper sanction to take cognizance has been granted - Sanction to prosecute - No special form is prescribed for the grant of the sanction. If the competent authority has granted the sanction, then..........
Service Law -- Inter se seniority - Respondents appointed LDC prior to appellant - Government prescribed minimum educational qualification, viz., intermediate for post of LDC - Respondents were only Matriculates while appellants were intermediate - Instructions for fixation of interse seniority provided that those possessed of Intermediate qualification would rank as..........
Transfer of Property Act, 1882, Section 51 -- Suit for possession - Plaintiff established title - Plaintiff is entitled to decree for possession - First defendant a top Senior Police Officer got a sale deed and possession of property from second defendant knowing fully that second defendant was in permissive possession from plaintiffs and having no title to property -..........
