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Thursday, January 26, 2012
Compulsory Registration of Leases Section 17(1)(b) of Registration Act
AIR 1997 All 396 (Full Bench), para 9
Gyasi Ram v. Ram Chandra MANU/UP/0090/1978 : AIR 1978 All 376, that the requirement of registration contained in Section 107 of the Transfer of Property Act cannot be circumvented or allowed to be defeated by setting up a case of permanent tenancy on the basis of oral evidence.
Zarif Ahmad v. Satish Kumar, 1982 AWC907
AIR 2000 3523
AIR 1964 SC 358
Invocation of Urgency Clause in Land Acquisition - Colourable Exercise - Part VII Land Acquisition
Greater Noida Industrial Development Authority vs. Devendra Kumar reported in 2011 (6) ADJ 480
Radhey Shyam v. State of U.P. reported in (2011) 5 Supreme Court Cases 533
Devender Kumar Tyagi v. State of U.P. (2011) 9 SCC 164, the Hon’ble Supreme Court has held that urgency clause provided in Section 17 of the Land Acquisition Act, 1894 cannot be lightly invoked, and that there is no justification to invoke urgency in case of proposed development of township in order to do away with the principles of natural justice as embodied in Section 5A of the 1894 Act.
Radhey Shyam v. State of U.P. reported in (2011) 5 Supreme Court Cases 533
Devender Kumar Tyagi v. State of U.P. (2011) 9 SCC 164, the Hon’ble Supreme Court has held that urgency clause provided in Section 17 of the Land Acquisition Act, 1894 cannot be lightly invoked, and that there is no justification to invoke urgency in case of proposed development of township in order to do away with the principles of natural justice as embodied in Section 5A of the 1894 Act.
Darshan Lal Nagpal v. Government of NCT of Delhi Civil Appeal No. 11169 of 2011 decided on 03.01.2012, the Hon’ble Supreme Court has once again categorically held that compulsory acquisition of the property belonging to a private individual is a serious matter and has grave repercussions on his Constitutional right of not being deprived of his property without the sanction of law – Article 300A and the legal rights.
Royal Orchid Hotels Ltd v. G.Jayarama Reddy reported in (2011) 10 SCC 608 - Colourable exercise of power for land acquisition for corporates
Devinder Singh & Others vs State Of Punjab & Others on 12 October, 2007 Appeal (civil) 4843 of 2007 (reported 2008 SCC)
One must approach the authorities prior to approaching court for mandamus
AIR 1976 SC 1654 para 42
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Conviction and Enquiry under Article 311
Upon conviction, employee can be dismissed under Art 311. If acquitted, he can approach for reinstatement.
KC Sareen: 2001(2)ACR1665(SC), AIR2001SC3320, 2001(2)ALD(Cri)398, 2001ALLMR(Cri)2160(SC), 2001(49)BLJR1772, 2001CriLJ4234, 2001(3)Crimes399(SC), JT2001 (6)SC59, 2002-1-LW(Crl)241, 2001(4)SCALE644, (2001)6SCC584, 2001(2)UC299
and
(1999)IIILLJ55SC
and
Deputy Director v. Nagoor Meera, AIR1995SC1364
Wednesday, January 25, 2012
Limitation as a preliminary issue - how to deal with
2006 (5) SCC 638 - has to be examined only if the plaint discloses that the case is barred by limitation ( Order 7, Rule 11)
Plea of demurrer
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