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Sunday, February 24, 2013

Scope of Contempt Jurisdiction

Contempt court is precluded from adjudicating on the merits of a controversy by passing supplemental order.
VM Manohar Prasad v. N Ratnam Raju, (2004) 13 SCC 610

See also: (2004) 7 SCC 261

Wednesday, December 19, 2012

Thursday, December 13, 2012

Unauthorized occupation of ponds and public lands

Complaints against unauthorized occupation over the public ponds or other similar public lands, D.M. should take all required actions.
Judgment/Order
 - PUBLIC INTEREST LITIGATION (PIL) No. 63380 of 2012 Judgment/Order Dated - 6/12/2012 at Allahabad  
Title - Prem Singh Vs. The State Of U.P. And Others 
Coram - Hon'ble Shiva Kirti Singh,Acting Chief Justice and Hon'ble Pradeep Kumar Singh Baghel,J.

If the foundational order is bad, it cannot be corrected subsequently

In State of Orissa & Anr. v. Mamta Mohanty, (2011) 3 SCC 436, this Court has held that any appointment made in contravention of the statutory requirement i.e. eligibility, cannot be  approved and once an appointment is bad at its inception, the same cannot be preserved, or protected, merely because a person has been employed for a long time.

Wednesday, December 12, 2012

If Land Acquisition is bad, or lapsed, state should return the land

2012(7)ADJ398 Bunda v. State UP

the Government land and/or Panchayat land is normally required to be disposed of by public auction.

As held by the Hon'ble Supreme Court in case of Parashram Thakur Dass and Ors. v. Ram Chand and Ors. reported in MANU/SC/0173/1982 : [1982]3SCR288 , Netai Bag and Ors. v. The State of West Bengal and Ors. reported in MANU/SC/0604/2000 : AIR2000SC3313 ., the Government land and/or Panchayat land is normally required to be disposed of by public auction.