advocatemmmohan
The High Court
Land Acquisition – enhancement of compensation – Compensation can be granted on bit sales on boundary lands – deduction should be given reasonably basing on locality and amenities etc., – High court enhanced compensation from 6 lakhs and odd to 9 lakhs but discarded the neighboring boundary bit sales though having high market value than the granted – Apex court by giving 60% deduction for the bit sales granted 12 lakhs per acre along with statutory benefits = CIVIL APPEAL NOS. 3982-3987 of 2011 NIRMAL SINGH Etc. Etc. ………APPELLANTS Vs. STATE OF HARYANA THROUGH COLLECTOR ………RESPONDENT = 2014 – Sept.Month – http://judis.nic.in/supremecourt/imgs1.aspx?filename=41972
Land Acquisition – enhancement of compensation – Compensation can be granted on bit sales on boundary lands – deduction should be given reasonably basing on locality and amenities etc., – High court enhanced compensation from 6 lakhs and odd to 9 lakhs but discarded the neighboring boundary bit sales though having high market value than the granted … Continue reading
Service Matter – Direct Recruitment – Backward Class – Creamy Layer – High court taking into consideration of the income of the respondent held that he is not entitled to claim as B.C. – Apex court held that Individual income should not be calculated for upholding whether he comes under Creamy Layer or not, his parents income has to be consider – as such set aside the High court order and allowed the appeal and While allowing the instant appeal, we restore the appointment of the appellant Surinder Singh to the post of Accounts Officer.=CIVIL APPEAL NO. 6957 OF 2009 Surinder Singh ..Appellant versus Punjab State Electricity Board, Patiala and Ors. ..Respondents =2014 – Sept. Month – http://judis.nic.in/supremecourt/imgst.aspx?filename=41999
Service Matter – Direct Recruitment – Backward Class – Creamy Layer – High court taking into consideration of the income of the respondent held that he is not entitled to claim as B.C. – Apex court held that Individual income should not be calculated for upholding whether he comes under Creamy Layer or not, his parents income has to be consider … Continue reading
Dying Declaration – oral report mentioned at the time of admission in case sheet to duty doctor – that husband poured kerosin and lit fire orally amounts to dying declaration – to the Nurse is also amounts to dying declaration – absence of kerosin smell on the hairs of deceased in forensic test – makes no difference for coming to conclusion when Dying Declaration was corroborated by Evidence and further Surinder Kumar (Supra) is distinguishable for the simple reason that the dying declaration fully supports the prosecution version. – Apex court dismissed the appeal =CRIMINAL APPEAL NO.1503 OF 2007 TANUA RABIDAS …..APPELLANT VERSUS STATE OF ASSAM ….RESPONDENT = 2014 – Sept. Month – http://judis.nic.in/supremecourt/filename=41876
Dying Declaration – oral report mentioned at the time of admission in case sheet to duty doctor – that husband poured kerosin and lit fire orally amounts to dying declaration – to the Nurse is also amounts to dying declaration – absence of kerosin smell on the hairs of deceased in forensic test – makes … Continue reading
Whether a Magistrate after accepting a negative final report submitted by the Police can take action on the basis of the protest petition filed by the complainant/first informant?= Apex court held YES = CRIMINAL APPEAL NO.1412 OF 2014 (Arising out of SLP(CRL.) No.3308 of 2013) RAKESH & ANR … APPELLANTS VERSUS STATE OF U.P. & ANR. .. RESPONDENTS = 2014 – Aug.Part – http://judis.nic.in/supremecourt/filename=41823
Whether a Magistrate after accepting a negative final report submitted by the Police can take action on the basis of the protest petition filed by the complainant/first informant?= Apex court held YES Respondent No.2 herein lodged an FIR which was registered as Crime Case No.480 of 2000 under Section 364 of the Indian Penal Code at … Continue reading
Last seen theory – not established – 6 days gap not explained properly – prosecution failed to explain about the presence of deceased at police station when deceased aunt visited the police station – the last seen theory lost it’s sanctity – when some of the accused are acquitted , the same benefit doubt applies to the accused also as the case was found on last seen theory – Apex court held that n the present case as noticed above, the Sessions Judge convicted the accused Nos.1 to 3 on the basis of last seen evidence, the correctness of last seen version emanating from Valarmathi (PW-1), Amirthavalli (PW-3) and Murugan (PW-4) and as per the prosecution case is also doubtful, there being contradiction about place where the accused were last seen with the deceased Manikandan. The High Court had failed to appreciate the aforesaid fact and erred in affirming the order of conviction passed by the Sessions Judge. For the reasons aforesaid, we set aside the impugned judgment dated 31st March, 2008 passed by the High Court of Judicature at Madras in Criminal Appeal No.1009 of 2005 and impugned order of conviction and sentence dated 17th November, 2005 passed by the Sessions Judge in Session Case No.61 of 2005. The appeal is allowed. = KRISHNAN @ RAMASAMY & ORS. … APPELLANTS VERSUS STATE OF TAMIL NADU … RESPONDENT = 2014 – July Part – http://judis.nic.in/supremecourt/filename=41717
Last seen theory – not established – 6 days gap not explained properly – prosecution failed to explain about the presence of deceased at police station when deceased aunt visited the police station – the last seen theory lost it’s sanctity – when some of the accused are acquitted , the same benefit doubt applies … Continue reading
Quashing of CRIMINAL CASE – STING OPERATION – The expression ‘sting operation’ seems to have emerged from the title of a popular movie called “The Sting” which was screened sometime in the year 1973. The movie was based on a somewhat complicated plot hatched by two persons to trick a third person into committing a crime. Being essentially a deceptive operation, though designed to nab a criminal, a sting operation raises certain moral and ethical questions. The victim, who is otherwise innocent, is lured into committing a crime on the assurance of absolute secrecy and confidentiality of the circumstances raising the potential question as to how such a victim can be held responsible for the crime which he would not have committed but for the enticement. Another issue that arises from such an operation is the fact that the means deployed to establish the commission of the crime itself involves a culpable act. – High court dismissed the petition for quash – Apex court confirmed the same = RAJAT PRASAD … APPELLANT (S) VERSUS C.B.I. … RESPONDENT (S) = 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41457
Quashing of CRIMINAL CASE – STING OPERATION – The expression ‘sting operation’ seems to have emerged from the title of a popular movie called “The Sting” which was screened sometime in the year 1973. The movie was based on a somewhat complicated plot hatched by two persons to trick a third person into committing a crime. Being essentially a … Continue reading
Sec.5 of Limitation Act – Delay of more than 10 years in filing appeal – No sufficient grounds assigned – simply because in some of the cases filed appeal in time , were given enhanced compensation – there is no obligation on the part of court to condone the delay – Apex court held that the High court correctly dismissed the sec. 5 Limitation petition in filing an appeal = Brijesh Kumar & Ors. … Petitioners Versus State of Haryana & Ors. …Respondents = 2014 ( March. Part ) judis.nic.in/supremecourt/filename=41333
Sec.5 of Limitation Act – Delay of more than 10 years in filing appeal – No sufficient grounds assigned – simply because in some of the cases filed appeal in time , were given enhanced compensation – there is no obligation on the part of court to condone the delay – Apex court held that the High court … Continue reading
Cancellation of Railway tender on technical point is not illegal nor arbitrary to interfere by courts – Apex court confirm the judgement of division bench = Maa Binda Express Carrier and Anr. …Appellants Versus Northeast Frontier Railway and Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41031
Cancellation of Railway tender on technical point is not illegal nor arbitrary to interfere by courts – Apex court confirm the judgement of division bench = invited tenders for the grant of a three year lease of 23 tonnes of space in VPH (Parcel Van) on train No.15960/15959 Kamrup Express. Among those who … Continue reading
Sec. 90 and Sec. 376 of I.P.C. = Consent obtained by playing fraud to marry her and committed sexual intercourse and later refused to marry her amounts to Rape as her consent was obtained by playing fraud on her = State of U.P. … Appellant VS. Naushad … Respondent = Published in http://courtnic.nic.in/supremecourt/qrydisp.asp
Sec. 90 and Sec. 376 of I.P.C. = Consent obtained by playing fraud to marry her and committed sexual intercourse and later refused to marry her amounts to Rape as her consent was obtained by playing fraud on her = Section 375 of the IPC defines the offence of rape, and enumerates six descriptions of the … Continue reading
Sec.302 , 498 A IPC & under Sections 3 and 6 of the Dowry Prohibition Act, 1961 = Though parents turned hostile, the dying declaration and corroborative evidence is enough to bring the accused under Section 304 Part-II of the IPC and sentenced him to undergo RI for six years and to pay a fine of Rs.1,000/-, in default, to undergo further sentence of three months. = ANJANAPPA …Appellant Versus STATE OF KARNATAKA …Respondent = published http://judis.nic.in/supremecourt/imgst.aspx?filename=40965
Though parents turned hostile, the dying declaration and corroborative evidence is enough to bring the accused under Section 304 Part-II of the IPC and sentenced him to undergo RI for six years and to pay a fine of Rs.1,000/-, in default, to undergo further sentence of three months. = Dying Declaration … Continue reading
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