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Tuesday, September 25, 2012

Decision at the behest of politicians / political persons - invalid

Partabpur Co. v. Cane Commissioner, Bihar at AIR 1970 SC 1896

Dictates of higher authorities

(i) Partabpur Co. Ltd. v. Cane Commissioner Bihar AIR 1970 SC 1896
(ii) State of U.P. v. Maharaja Dhaimander Prasad Singh AIR 1989 SC 997
(iii) Gujarat Gas Co. Ltd. v. CIT (2000) 245 ITR 84 (Guj)
(iv) Sheo Narain Jaiswal v. ITO (1989) 176 ITR 352 (Pat)
(v) Yeshwant Talkies v. CIT (1986) 157 ITR 103 (MP)
(vi) CIT v. T.R. Rajakumari (1974) 96 ITR 78 (Mad)
(vii) Asstt. CIT v. O.P. Gupta (2001) 71 TTJ (Del) 82 : (2000) 75 ITD 123 (Del)
(viii) Jawahar Lal v. Competent Authority (1982) 137 ITR 605 (Del)
(ix) Rajputana Mining Agencies v. ITO (1979) 118 ITR 585 (Raj).

Monday, September 17, 2012

Land Acquisition Act, 1894 - Sections 4 and 6 - Acquisition for Private Persons

29th August, 2012
CIVIL APPEAL NO. 6183 OF 2012
(Arising out of SLP(C)No.26705 of 2010

Acqusition of land for private coloniser - quashed.

Sunday, September 16, 2012

Financial Burden & Cut Off Date

In State of Punjab and Ors. v. Amar Nath Goyal and Ors., VI (2005) SLT 313=(2005) 6 SCC 754 this Court had occasion to consider the very same issue. After referring to a number of other authorities, it was held that financial constraints could be a valid ground for introducing a cut-off date while introducing a pension scheme on revised basis. Thus, refusal to make payments of arrears from 1.1.1986 to 28.2.1989 on the ground of financial burden cannot be held to be an arbitrary ground or irrational consideration. Hence, the argument based on Article 14 of the Constitution must fail.

Withdrawal of Schemes by Government

Any concession given pursuant to a scheme of the State can be withdrawn anytime, and for its continuation Writ Petition will not lie.  Bannari Amman Sugars LTD v. Commercial Tax Officer, 2005(1) SCC 625

Naming of Districts - Power of State

Naming of districts – power of the State. See Dr. V Balasundaram v. Chief Minister of Tamil Naldu, AIR1994Mad20

Doctrine of Political Questions

Doctrine of political questions' the court will not entertain matters that are inherently political and do not involve legal question, or where the questions involved are overtly political          Databhau v. State of Maharashta, 2007(3)BomCR667 (Bombay High Court)