(1)
Union of India ...Respondent Vs.
Union of India ...Respondent D.D
26/10/2010
Land Acquisition – Requisitioning and Acquisition of Immovable Property Act, 1952 – Solatium and Interest – Non-statutory grant – Whether permissible – Held: Although the Act does not expressly provide for solatium or interest, where there is inordinate delay (16 years) in appointment of arbitrator for determining compensation, equitable principles justify award of so...
(2)
Dilawar Singh and Others etc. ...Appellants Vs.
Union of India (UOI) and Others ...Respondents D.D
26/10/2010
Land Acquisition – Requisitioning and Acquisition of Immovable Property Act, 1952 – Solatium and Interest – Delay in Appointment of Arbitrator – Equitable Relief – Lands requisitioned and later acquired for defence purposes – Arbitrator appointed after 16 years’ delay – Awarded compensation ranging from Rs. 50/- to Rs. 200/- per marla with solatium (...
(3)
Bhai Jaspal Singh and Another ...Appellants Vs.
Assistant Commissioner of Commercial Taxes and Others ...Respondents D.D
22/10/2010
Tax Exemption – Meaning of ‘Investment’ – Small Scale Industrial Unit – Term “investment” under Notification No. 1428-F.T. dated 26.05.1994 and Rule 41 of West Bengal Sales Tax Rules, 1995 interpreted as actual capital outlay on plant and machinery – Depreciation not deductible in computing investment – Expression “investment” denot...
(4)
State of Punjab and Another ...Appellants Vs.
Dr. Viney Kumar Khullar and Others ...Respondents D.D
22/10/2010
Medical Education – Admission to Postgraduate Courses – In-Service Candidates – No Objection Certificate (NOC) – 2008 Prospectus required in-service doctors to submit NOC as per Government circular dated 13.05.1996 – Amendment dated 30.07.2007 enhanced bond period from 5 years to 10 years – Held: Since the 2008 Prospectus did not refer to the 2007 amendment, it ...
(5)
Municipal Committee, Hoshiarpur ...Appellant Vs.
Punjab State Electricity Board and Others ...Respondents D.D
19/10/2010
Electricity Laws – Faulty Meter – Revised Electricity Bill – CT connection found to be defective by Board – Revised bill issued retrospectively without prior notice or opportunity of hearing – Clause 23 of Conditions of Supply required issuance of show cause notice – Held: Revised bill issued in violation of contractual and natural justice requirements – B...
(6)
Raj Kumar ...Appellant Vs.
Ajay Kumar and Another ...Respondents D.D
18/10/2010
Motor Accident Claim – Compensation for Permanent Disability – Functional vs. Medical Disability – Appellant sustained fractures and was issued disability certificate of 45% for left lower limb – Tribunal equated limb disability with whole-body functional disability, assessing 45% loss of earning capacity – Held: Tribunal erred in mechanically applying limb disability...
(7)
Dinesh Kumar Gupta ...Appellant Vs.
United India Insurance Co. Ltd. and Others ...Respondents D.D
08/10/2010
Contempt of Court – Civil Contempt – Suo Motu Proceedings – Appellant, a judicial officer, was not serving in the High Court when interim order dated 22.03.2001 was passed – Suo motu contempt initiated in 2006 based on assumption that appellant deliberately obstructed implementation of that order – Held: No wilful disobedience proved – Contempt proceedings based...
(8)
Kanwar Natwar Singh ...Appellant Vs.
Director of Enforcement and Another ...Respondents D.D
05/10/2010
Foreign Exchange Management – Show Cause Notice – Supply of Documents – Rule 4(1), FEMA (Adjudication Proceedings and Appeal) Rules, 2000 – Scope of Disclosure – Appellant contended entitlement to all documents in possession of Adjudicating Authority, including unused ones, before forming opinion under Rule 4(1) – Held: Rule 4(1) requires notice only to enable f...
(9)
Man Kaur (Dead) by LRs ...Appellant Vs.
Hartar Singh Sangha ...Respondent D.D
05/10/2010
Specific Relief – Readiness and Willingness – Attorney Holder’s Testimony – Plaintiff (NRI) neither signed the agreement of sale nor the plaint and did not enter the witness box – Suit was filed and prosecuted by subsequent attorney holder who lacked personal knowledge of the transaction – Held: In absence of testimony by plaintiff or original attorney holder, r...