Service Law - Departmental Action – Removal from Service – Section 11(1) CRPF Act, 1949 and Rule 27 CRPF Rules, 1955 – Validity of Punishment – The respondent, a CRPF constable, overstayed sanctioned leave by 315 days without justification – He was removed from service after departmental enquiry – The High Court held that removal was without jurisdiction as Sect...
Service Law – Correction of Date of Birth – School Records Prevail Over Horoscope – Respondent challenged adverse entry in service record changing date of birth from 01.10.1934 to 25.11.1931 – Trial Court upheld disciplinary authority’s finding based on school records – Appellate Court wrongly gave primacy to horoscope and reversed the decision – Held: Sch...
Compromise Decree – Order 23 Rule 3 CPC – Mandatory Procedure Not Followed – First appellate court reversed trial court decree by relying on compromise (Exhibit D1) allegedly executed at police station – Held: Since compromise was made during pendency of suit, court could have acted on it only by following mandatory procedure under Order 23 Rule 3 CPC – No such compli...
Land Acquisition – Determination of Market Value – High Court Judgment Set Aside – High Court relied solely on DDA brochure and government circulars for fixing market value of acquired land while ignoring relevant sale deeds and judicial precedents – Held: Sale deeds, particularly relating to similar and adjacent lands, constitute best evidence for market value and cannot b...
Petroleum Dealership – Eligibility Criteria – Literal Interpretation Prevails – High Court disqualified appellant on ground that her father-in-law already held dealership, though such relationship was not included in disqualifying clause – Supreme Court held that eligibility conditions must be interpreted strictly – Held: Courts cannot expand or amend clear terms by i...
Criminal Law - Mass Murder – Conviction under Section 302 IPC – Death Sentence Upheld – Appellant convicted for murdering 13 close family members including children, along with co-accused Lakha Singh – Motive traced to alleged illicit relationship between appellant’s wife and co-accused – Trial court awarded death sentence – High Court confirmed the same b...
Land Acquisition – Invocation of Urgency Clause – Sections 17(1) and 17(4) of the Land Acquisition Act – Notification Quashed – The appeals arose from a composite notification dated 06/03/1987 issued under Sections 4 and 17 for acquiring 14 requisitioned properties – Respondents challenged the acquisition citing lack of urgency and denial of objection rights – H...
Land Acquisition – Market Value – Section 4(1) Notification dated 17.11.1980 – Collector fixed Rs. 8,500/- per bigha; Reference Court enhanced to Rs. 76,550/- per bigha; High Court further enhanced to Rs. 345/- per sq. yd. (Rs. 3,45,000/- per bigha) relying on post-notification sales and Government schedule of rates – Held: Impermissible to base valuation on post-notificati...
Civil Contempt Jurisdiction – Scope and Limitations – High Court Misapplied Jurisdiction – The appellant challenged the High Court’s refusal to initiate contempt proceedings, where the learned Single Judge re-examined the correctness of an earlier order passed by another judge – Held: In contempt proceedings, the Court is only to consider whether the order has been co...
Land Acquisition – Determination of Market Value – Comparable Sale Instances – Reliance on Stamp Duty Valuation Improper – Notifications under Sections 4 and 6 were issued in 1988 and award passed in 1990 – Land Acquisition Officer relied upon a sale deed within the acquired land fixing compensation at Rs. 15.37 per sq. yard – Reference Court enhanced to Rs. 150...