TEST

 

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.

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

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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No date time place of enquiry fixed - enquiry to be quashed

2009(2) SCC 570 Roop Singh Negi and 2010 (2) SCC 772 Saroj K Sinha.

Also see 1386/2010 serb dated 23 Jan 2012
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Case involving identical points must be given identical treatment by the court.

2011 (29) LCD 1400
State of UP v. Hirendrapal Singh
(Supreme Court)

Follows and repeats Vishnu Traders
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Duty of court to rescue common man, especially if old and sick.

2011 (29) LCD 950
SP Mittal v. State of UP

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Refusal to register a document

Refusal to register a document under the Registration Act, has to be as per the Act

AIR 2011 AP 101
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Tender condition

AIR 2011 SC 2194
AIR 2011 Ori 112

Tender condition liable to be struck down if irrational and arbitrary.
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