(1)
HARPREET KAUR AND OTHERS .....Appellant Vs.
MOHINDER YADAV AND OTHERS .....Respondent D.D
15/12/2022
Motor Vehicles Act 1988 – Section 166 – Death in accident – Enhancement of compensation – High Court increased the level of income but did not address the issue in the correct perspective – Documentary evidence showed the deceased was cultivating 66 acres and entitled to a third of the value of produce from income of those agricultural lands – Income computed at...
(2)
DELHI DEVELOPMENT AUTHORITY .....Appellant Vs.
CHANDERMAL AND OTHERS .....Respondent D.D
15/12/2022
Land Acquisition Act 1894 – Section 4 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 – Section 24(2) – Lapse of acquisition proceedings – High Court's declaration of deemed lapse under Section 24(2) due to non-tendering of compensation found unsustainable – Acquisition proceedings do not lapse if p...
(3)
KUMARI LAXMI SAROJ AND OTHERS .....Appellant Vs.
STATE OF U.P. AND OTHERS .....Respondent D.D
15/12/2022
Service Law – Appointment – If it is found that there is no lapse/delay on the part of the applicant, he cannot be punished for no fault attributable to him – Respondents directed to appoint the appellants to the post of Health Worker (Female) within six weeks if found meritorious and meeting other eligibility criteria – Appellants entitled to benefits from the date of actu...
(4)
GOVT. OF NCT OF DELHI .....Appellant Vs.
MOHD. MAQBOOL AND OTHERS .....Respondent D.D
15/12/2022
Land Acquisition Act 1894 – Section 4 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Twin conditions of not taking over possession and not tendering/paying the compensation are required to be satisfied – If one of the conditions is not satisfied the...
(5)
THE STATE OF GUJARAT .....Appellant Vs.
SANDIP OMPRAKASH GUPTA .....Respondent D.D
15/12/2022
Gujarat Control of Terrorism and Organised Crime Act 2015 – Sections 3(1)(i), 3(1)(ii), 3(2), and 3(4) – Continuing unlawful activity – Requires a separate FIR post-promulgation – High Court's interpretation that activities prior to the Act's promulgation cannot be solely considered for prosecution upheld – Appeal dismissed [Paras 1-53].
Decision ...
(6)
WAVE INDUSTRIES PVT. LTD. .....Appellant Vs.
STATE OF U.P. AND OTHERS .....Respondent D.D
15/12/2022
Land Acquisition Act 1894 – Section 4 – Acquisition of land – Compensation – Appellant challenging the imposition of liabilities for unpaid duty, penalty, and interest accrued before the acquisition of the Amroha sugar mill – Slump Sale Agreement clauses interpreted to distinguish between liabilities accruing before and after the signing date – High Court's ...
(7)
NEERAJ DUTTA .....Appellant Vs.
STATE (GOVT. OF N.C.T. OF DELHI) .....Respondent D.D
15/12/2022
Prevention of Corruption Act 1988 – Section 7 and Section 13(1)(d) read with Section 13(2) – Proof of demand and acceptance – In the absence of direct evidence from the complainant, it is permissible to draw an inferential deduction of culpability/guilt of a public servant based on other evidence adduced by the prosecution – Demand and acceptance must be proved either by di...
(8)
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) .....Appellant Vs.
OMVIR SINGH AND OTHERS .....Respondent D.D
15/12/2022
Land Acquisition Act 1894 – Section 4 – Acquisition of land – Compensation – Claimants not entitled to the same compensation as awarded for lands acquired after 5 years from the date of acquisition – High Court awarding compensation at Rs.297/- per sq. yard unsustainable – Compensation rate revised to Rs.120/- per sq. yard [Paras 1-6].
Decision &nda...
(9)
GOKAL CHAND (D) THR. LRS. .....Appellant Vs.
AXIS BANK LTD. AND ANOTHER .....Respondent D.D
15/12/2022
Insurance contract – Deficiency in service – Home loan sanctioned on pre-condition of life insurance policy – Bank acting as an agent for insurance company – Premium accepted and retained after normal medical test results – Malafide actions by insurance company after death of insured – Ante-dated letter issued post death intimation – Refund of premium foll...