Second Appeal before Board of Revenue not proper unless Board of Revenue frames a question of law- Section 331(4) of UPZALR Act, 1950

2010 (28) LCD 468

Ghanshyam v. Board of Revenue

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.

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Any concession given pursuant to a scheme of the State can be withdrawn anytime, and for its continuation Writ Petition will not lie.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)

Difference between "no opportunity" and "no adequate opportunity"

JT (1996) 3 SC 722
28 LCD (1) 263 (2010)