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Land Acquisition – Stay orders – Effect of  – After announcing the award, possession of the land has been taken and handed over to the beneficiary Department i.e. HUDA on the day of the award except the land for which the orders of stay, status quo and stay of dispossession have been passed by the competent Court

“Proclaimed Person” and “Proclaimed Offender” have distinct meanings. [PLRonline 216302]

Pleasure doctrine – Applicability – Nominated members continue only till the pleasure of the government – Municipality .

Motor Vehicles Act,  S. 173 – Pay and Recover  – Insurance Company exonerated – Appeal by claimants for making insurance company liable  – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being  Claimants have right to file Appeal  – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887,   Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years..  [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of  the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

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CPC O. 39 R. 1 - Co-sharers - Mere raising of construction on joint property by one of the co-sharers cannot be termed to be an act of ouster of other co-sharers - Status quo, vacated

Service matter - Wilful misconduct and negligence simplicitor are not inter changeable terms and have different connotations in law - - Punishment - Doctrine of proportionality - It would be extremely harsh and would rather cause injustice to the petitioner in wiping out his entire retiral benefits, which have accrued to him over a  span of 3 decades

Home CIVIL Land Acquisition Act

Land Acquisition – Stay orders – Effect of  – After announcing the award, possession of the land has been taken and handed over to the beneficiary Department i.e. HUDA on the day of the award except the land for which the orders of stay, status quo and stay of dispossession have been passed by the competent Court

by PLRonline
in Land Acquisition Act, Punjab & Haryana
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Mr. S.S. Dinarpur, for petitioner(s) Mr. Ankur Mittal, Addl. A.G., HY. assisted by Ms. Kushaldeep Kaur.

[P&H] Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) Section 25(2) – Stay orders – Effect of  – Fact that right from the beginning, there were stay orders in favour of the petitioners regarding their dispossession, because of which there was no occasion for the respondents to take the possession of the land in question – It has been clearly stated by the respondents in their reply that after announcing the award, possession of the land has been taken and handed over to the beneficiary Department i.e. HUDA on the day of the award except the land for which the orders of stay, status quo and stay of dispossession have been passed by the competent Courts – Therefore, it cannot be said that the respondents have not taken the possession of the land in question.  

read here 2022 PLRonline 2770

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Tags: Land Acquisition - Stay, Right to Fair compensation S. 25(2)
Tags: Land Acquisition - StayRight to Fair compensation S. 25(2)

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