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Sunday, February 5, 2012

Second charge sheet - question in writ proceedings

charge against the respondent had already been enquired into earlier and he had been exonerated of the charge in an earlier proceeding. Hence, he contended that the impugned Charge Memo would amount to double jeopardy and was therefore illegal. He relied upon the decision of this Court in Lt. Governor Delhi and Ors. v. HC Narender Singh 2004 (13) SCC 342.

Post decision hearing - tendency to uphold the decision

K.I. Shephard and Ors. etc. etc. v. Union of India and Ors. MANU/SC/0643/1987 : (1988)ILLJ162SC , this Court held:

...It is common experience that once a decision has been taken, there is tendency to uphold it and a representation may not really yield any fruitful purpose.

[See also Shri Shekhar Ghosh v. Union of India and Anr. MANU/SC/8616/2006 : (2007)1SCC331 and Rajesh Kumar and Ors. v. D.C.I.T. and Ors. MANU/SC/4779/2006 : [2006]287ITR91(SC) ]

Thursday, February 2, 2012

Stamp duty and alternative remedy

AIR 2011SC3748 for alternative remedy and stamp matter


Sent from phone

Sent from phone

Wednesday, February 1, 2012

Land Acquisition Proceedings cannot be challenged after entering into agreement

2011 (6) ALJ 473


Sent from phone

Mandamus - duty

Mehsana DCCB v. State, AIR 2004 SC 1576 (mandamus lies when breach of statute is shown);
Indian Bank (AIR 2008 SC 2585) (court can order inquiry into affairs of coop banks when breach of statute and act to the prejudice of depositors is shown)
Sent from phone

Heirs of deceased employee can claim benefits of service - retiral dues

   
AIR 1996 SC 571
AIR 1969 All 432
AIR 2009 SC 3162