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.... Gursaran Singh decided on March 8, 1979 and L.P.A No. 363 of 1978 Union of India v. Des Raj decided on March 22, 1979. None of the parties have argued on any point for taking a different..., thus:“2. Counsel for both the parties are agreed that in these cases they are squarely covered by our decision in R.F.A No. 4 of 1974 Union of India v...that due regard being given to all attendant facts and circumstances, it could furnish the basis for determining the market value of the acquired land. In the cases on hand, the petitione...
...Union of India v. Gursaran Singh, decided on 8th March 1979 and LPA No. 363 of 1978 Union of India v. Des Raj decided on 22nd March, 1979. None of the parties have argued ...by counsel for them and the opposing parties, thus:2. Counsel for both the parties are agreed that in these cases they are squarely covered by our decision in RFA No. 4 of 1974...the market value of the acquired land. In the cases on hand, the petitioners who are claimants claiming enhanced compensation for their acquired land have not produced the judgment ...
...citizens. His final suggestion was that while the SEBI should continue to publish the texts of the orders passed by its competent authorities, they should also publish a consolidated summary of ...of the functioning of the SEBI, essential for ensuring its accountability. He pointed out, the SEBI merely published the orders its authorities passed, from time to time, in individual ...expecting the citizens to go through those orders in order to find out the details of any particular case. In his opinion, unless these orders came with their summary/digest, it will be of little use to ...
...exonerate them. I consider that this situation is arising because of the fact that MMs at lower court are not following the mandate of the statute of conducting trial of cases un...been examined and proceed with the case to hear it as a summon trial case.5. In order to ensure that the cases u/s 138 N.I Act are tried before the Court of MM/JM ...of n.i act does not commensurate with the summary trial provisions of Cr. P.C and provisions of Negotiable Instrument Act and that is the reason that decisions ...
.... The legislature has noticed that the introduction of Sections 138 to 142 of the Act has not achieved the desired result for dealing with dishonoured cheques, hence, it inserted new Sections 143 ...;(iii) to provide discretion to the court to waive the period of one month, which has been prescribed for taking cognizance of the case under ...Criminal Procedure Code, 1973 (CrPC) for summary trial of such complaints filed or pending before the said courts.(b) Issue a writ of mandamus for compliance...
....).The question of repugnancy or inconsistency has arisen and been considered in several Australian cases, with reference to sec. 109 of the Commonwealth of Australia Constitution A...general law of the land. I say by necessary implication because I have in mind the cases with respect to bye laws prohibiting persons from travelling on railways without a ticket. In those cases bye-laws...The Judgment of the Court was as follows:—Appeal No. 91 of 1939 (F.M.A).Rau, J.:— This is an appeal from an order passed on January 31st, 1939, by the Second...
...one week thereafter.4. All amendments be carried out now in red ink in the original petitions within a week.5. Hearing of the cases is adjourned to Janu..., 1992.2. W.P No. 1094 of 1991 be tagged on with these cases.3. Delay in filing amendment applications is condoned. All amendment applications...filed challenging the Notification dated September 25, 1991 are allowed. Counter-affidavit by way of reply to the amendment in the petitions to be filed within three weeks and rejoinder, if any, within...
...the Government or University, that the Government is the owner, the dispute going back from 1942 cannot be dealt with in summary proceedings under Section 7 of the Land Encroachment Act.”...is declared by Section 2 to be the property of the Government and, therefore, it is in public interest to evict him expeditiously, which can only be done by resorting to the summary remedy provided by ...Osmania University wrote a letter to the Government of Andhra Pradesh, requesting it to take steps for the summary eviction of persons who were allegedly in unauthorised occupation of the...
...are facing trial for the offence under Section 3/7 of the Essential Commodities Act (hereinafter referred as 'the Act'). The learned Special Judge of the Essent...whether the de novo trial is obligatory with the change of the Special Judge who recorded the evidence or part of it but has not pronounced the judgment? Looking to the gravity ...Sections 262 to 265 Cr. P.C. By virtue of Section 262 Cr.P.C. the procedure for trial of summons cases, contained in Chapter XX of the Code wi...
...B. Sudheendra Kumar, J.:— These Criminal Revision cases were registered suo motu on noticing that the order passed by the court of the Judicial Magistrate of First Class - III (Tempo.... In the summary trial cases covered by these Criminal R.Cs, the second respondent allegedly committed the offence under Section 279 IPC. In some of the...Section 3(1) of the Motor Vehicles Act. In some cases, there are some other offences under the Motor Vehicles Act also.4. The learned Magistrate discharged the second respondent ...
...B. Sudheendra Kumar, J.:— These Criminal Revision cases were registered suo motu on noticing that the order passed by the court of the Judicial Magistrate of First Class - III (Tempo.... In the summary trial cases covered by these Criminal R.Cs, the second respondent allegedly committed the offence under Section 279 IPC. In some of the...Section 3(1) of the Motor Vehicles Act. In some cases, there are some other offences under the Motor Vehicles Act also.4. The learned Magistrate discharged the second respondent ...
...B. Sudheendra Kumar, J.:— These Criminal Revision cases were registered suo motu on noticing that the order passed by the court of the Judicial Magistrate of First Class - III (Tempo.... In the summary trial cases covered by these Criminal R.Cs, the second respondent allegedly committed the offence under Section 279 IPC. In some of the...Section 3(1) of the Motor Vehicles Act. In some cases, there are some other offences under the Motor Vehicles Act also.4. The learned Magistrate discharged the second respondent ...
...B. Sudheendra Kumar, J.:— These Criminal Revision cases were registered suo motu on noticing that the order passed by the court of the Judicial Magistrate of First Class - III (Tempo.... In the summary trial cases covered by these Criminal R.Cs, the second respondent allegedly committed the offence under Section 279 IPC. In some of the...cases, there is also allegation of having committed the offences under Sections 379 and 338 IPC and Sections 185 and 181 read with Section 3(1) of the Motor Vehicles Act.4. The l...
...of the accused in summary cases. Merely writing the accused pleaded guilty was not sufficient compliance with section 243 of the code. Non Compliance with these provisions of law...impressed upon to comply strictly with the procedural law relating to the mode of trial in summary cases but it seems that the observations made by this court are not paid any heed by them with ...summary cases must know they have to record the plea of the...
...;(iii) to provide discretion to the court to waive the period of one month, which has been prescribed for taking cognizance of the case under ...depart from and override the provisions of the Code of Criminal Procedure, the main body of adjective law for criminal trials. The provisions of Section 146 similarly depart from...swifter than a summary trial and once it is seen that even the special procedure failed to effectively and expeditiously handle the vast multitude of cases coming to the court, the claim ...
...where this Court has said that where detailed evidence would have to be led to prove the claim and thereafter to prove the damages, it was not appropriate for such cases to be heard and disposed of...in the summary jurisdiction of the National Commission and that the more appropriate forum was the civil court.5. Having heard the submissions, we are ...consequences of the earthquake and within the insurance policies issued to the appellant.3. The claim before the Commission was filed on 26-12-2001 after the re...
...dealing with Section 138 of the NI Act cases to follow the abovementioned procedure for speedy and expeditious disposal of those cases. In the trial of the present ...admits of no exception. Sub-section (2) of Section 143 of the NI Act read with absolute bar contained in sub-section (3) of Section 326 CrPC makes it clear that in summary trial the evide...submitted that in cases of summary trials, Sections 143, 144, 145 and 147 of the NI Act form a complete code which expressly departs and overrides the provisions of CrPC. They provide fle...
.... (2010) 3 SCC 83 The scheme of Sections 143 to 147 of the Act was a departure from the provisions of CrPC and the Evidence ...Section 326(3) CrPC in not acting on the evidence already recorded in a summary trial did not strictly apply to the scheme of Section 143 of the Act. (...compensated, can in its discretion close the proceedings and discharge the accused.18.4. Procedure for trial of cases under Chapter XVII of the Act has normally to be ...
...premature release of prisoners held in their respective jurisdictions. In the absence of both the Inspector General and the Collectors, the Sessions Judge shall preside over the meetings ...the Probation Officer and the report of the local Sub Inspector of Police before making the recommendation. Admittedly, the said procedure also was not followed in these three ...members of the Advisory Board well in advance before the meeting. The learned Advocate General would fairly concede that in these cases, no such circulation of papers was made to any of ...
...of the channel where it seems to have arisen. I doubt whether any doctrine which is expressed by the word ‘salvage’ applies to cases of this description”.In the case of Le...a question of doubtful simplicity and as it owes its origin to English maritime law and has been extended to cases in relation to other properties, I have taken some time to consider the same. I am...”.Bowen, L.J who was of the same opinion as Cotton, L.J has made some weighty observations with regard to extension of the doctrine of salvage lien to other cases. Those observatio...