(1)
RAJARAM .....Appellant Vs.
STATE OF MADHYA PRADESH AND OTHERS .....Respondent D.D
16/12/2022
Evidence – Multiple dying declarations – Legal position summarized – If the court concludes a dying declaration is true and reliable, made without tutoring, duress, or prompting, and when the declarant was physically and mentally fit, it can be the sole basis for conviction – In case of inconsistencies, the declaration by a higher officer (e.g., Magistrate) can be relied up...
(2)
GOVT. OF NCT OF DELHI THROUGH SECRETARY LAND AND BUILDING DEPARTMENT AND ANOTHER .....Appellant Vs.
RAM PRAKASH SEHRAWAT 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 land acquisition proceedings – High Court's declaration of deemed lapse under Section 24(2) due to non-tendering of compensation found unsustainable – Constitution Bench decision in Indor...
(3)
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...
(4)
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...
(5)
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...
(6)
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...
(7)
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 ...
(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...