Practice and Procedure – Miscellaneous Applications – A post disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where the order passed by this Court is executory in nature and the directions of the Court may become impossible to be implemented because of subsequent events or developments …
Adverse Possession – When a party claims adverse possession, he must know who the actual owner of the property is – To prove the plea of adverse possession :- (a) The plaintiff must plead and prove that he was claiming possession adverse to the true owner; (b) The plaintiff must plead and establish that the …
M Radheshyamlal vs V Sandhya 2024 INSC 214 – Adverse Possession Read More »
U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 ; Section 55 -It may be seen from Section 55 of the 1965 Act that the compensation for the acquired land was required to be assessed in accordance with the provisions of the Land Acquisition Act 1894, which stood repealed w.e.f. 01.01.2014 by the Right to Fair Compensation …
Summary: Civil appeals against the High Court of Karnataka judgment whereby compensation for the acquired land was enhanced – Allowing appeal, SC observed: We deem it appropriate to remand these cases also to the High Court so that a holistic view pertaining to the subject acquisition, at least project wise, can be taken by the …
Executive Engineer KNNL vs Subhashchandra 2024 INSC 208 – Land Acquisition Read More »
Electoral Bonds – Association For Democratic Reforms vs Union Of India 2024 INSC 113 :: [2024] 2 S.C.R. 420 – Further Directions issued: (i) The Registrar (Judicial) of this Court shall ensure that the data which has been filed by ECI in pursuance of the interim orders of this Court is scanned and digitized. This …
Negotiable Instruments Act, 1881; Section 141 – For making a Director of a Company liable for the offences committed by the Company under Section 141 of the Act, there must be specific averments against the Director showing as to how and in what manner the Director was responsible for the conduct of the business of …
Criminal Trial – Test Identification Parade – In the absence of proper identification parade being conducted, the identification for the first time in the Court cannot be said to be free from doubt [Concurrent Conviction for the offence punishable under Section 397 read with Section 395 IPC set aside] (Para 7)
Customs Act, 1962; Section 129A – There is no prescribed period of limitation for passing an order in exercise of the power under sub-section (2) of Section 129A -Even if the law does not provide for a specific period for taking a particular action, the authority vested with the power to take action must take …
Negotiable Instruments Act, 1881; Section 143A – Grant of interim compensation – Considering the drastic consequences of exercising the power under Section 143A and that also before the finding of the guilt is recorded in the trial, the word “may” used in the provision cannot be construed as “shall”. The provision will have to be …
Summary: Accused concurrently convicted under Section(s) 120B, 420, 467 and 468 – Partly allowing appeal, SC observed: Keeping in mind the mitigating circumstances of the appellant convict e, we the sentence of the appellant reduced to the period already undergone.