LawforAll

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Friday, February 28, 2014

Sec.354 of I.P.C. - Offence took place in the year 2000 - whether compoundable- amendment was taken place in the year 2008 declaring as non-compoundable offence - Both parties are living in peace - victim personally impleaded and sought for compromise free of force, coercion etc., -Apex court permitted them to compound and as such set aside the lower court orders and acquit the accused = Bharti ...Appellant Vs. State of Haryana & Anr. …Respondents = 2014(Feb.Part) judis.nic.in/supremecourt/filename=41265

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  Sec.354 of I.P.C. - Offence took place in the year 2000 - whether compoundable- amendment was taken place in the year 2008 declaring as n...

Land Acquisition -Sec. 18 of L.A.Act - enhancement of compensation basing earlier judgement which is a continuous chunk of acquired land and which was situated in same geographical possession and adopted the method of 10% per year in market value - Apex court held that nothing found wrong and confirmed the order of High court = Defence Research & Development Organization ….Appellant VERSUS Anjanappa & Anr. ….Respondents= 2014(Feb.Part) judis.nic.in/supremecourt/filename=41274

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    Land Acquisition -Sec. 18 of L.A.Act - enhancement of compensation basing earlier judgement which is a continuous chunk of acquired lan...

Principles of Natural Justice - verses - National security -Powers of court - Whether any reasonable restriction or limitation or exception to this principle is permissible in the interest of national security, is the issue we are called upon to consider in this case. - Apex court held that Thus, in a situation of national security, a party cannot insist for the strict observance of the principles of natural justice. In such cases it is the duty of the Court to read into and provide for statutory exclusion, if not expressly provided in the rules governing the field . Depending on the facts of the particular case, it will however be open to the court to satisfy itself whether there were justifiable facts, and in that regard, the court is entitled to call for the files and see whether it is a case where the interest of national security is involved. Once the State is of the stand that the issue involves national security, the court shall not disclose the reasons to the affected party.= Ex. Armymen’s Protection Services P. Ltd. … APPELLANT (S) VERSUS Union of India and others … RESPONDENT (S)= 2014(Feb.Part) judis.nic.in/supremecourt/filename=41264

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    Principles of Natural Justice - verses - National security -Powers of court - Whether any reasonable restriction or limitation or excep...

Service matter - Senior manger was awarded with punishment of reducing him in two stages in pay scale with cumulative effect as the charge one was partly proved after consultation with CVC - High court set aside the same and further directed to give promotion - Apex court partly allowed the appeal and partly set aside the order of High court as his record is not satisfactory one , High court can not give such direction for promotion =Oriental Bank of Commerce & Ors. … Appellant (s) Versus S.S. Sheokand & Anr. … Respondent (s) =2014(Feb.Part) judis.nic.in/supremecourt/filename=41263

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  Service matter - Senior  manger was awarded with punishment of reducing him in two stages in pay scale with cumulative effect as the char...