Cr P C Criminal Procedure Code, 1973 (CrPC) – Section 482 – Quashing of Complaint/FIR – Complaint on the basis of which FIR came to be registered at the instance of the de-facto complainant does not disclose any act of the accused or their participation in the commission of crime – FIR quashed November 29, 2022 sclaw
Service Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 – Section 94(1)(nn) and 95(1)(f) – Pension Scheme – State Government can always exercise the powers under clause (nn) of subsection (1) Section 94 of the 1965 Act for determining the conditions of service of the officers (other than the Housing Commissioner) and employees of the Board November 27, 2022 sclaw
Land Acquisition Land Acquisition Act, 1894 – The landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24(2) of the 2013 Act. November 27, 2022 sclaw
Land Acquisition Lapse of land acquisition proceedings – – if the compensation has not been paid due to inter se dispute between the co-owners, thereafter, it will not be open for the landowners to make a grievance that once the compensation was not paid, the acquisition is deemed to have lapsed November 27, 2022 sclaw
Service Service Law – Regularization – Merely because employee continued in service for longer period on contractual basis the High Court ought not to have passed the order of regularization November 27, 2022 sclaw
State Laws Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) Rules, 1968 – Rule 4A – – The object and purpose of Rule 4A would be permitting the family of Vadar community to continue their traditional profession of stone crushing by hand by extracting the stone up to 200 brass annually without payment of any fee or royalty – Rule 4A is not meant for the lease for commercial use. November 27, 2022 sclaw
Direct Taxation Income Tax Act, 1961 – Section 45(4) – Capital gains – Assets revalued and the credit into the capital accounts of the respective partners can be said to be “transfer” and which fall in the category of “OTHERWISE” and therefore, the provision of Section 45(4) inserted by Finance Act, 1987 w.e.f. 01.04.1988 shall be applicable. November 27, 2022 sclaw
Land Acquisition Acquisition of land – If there is a large tract of land under acquisition but is capable of being used for the purpose for which smaller plots are used and is situate in a fully developed area with little or no requirement of any further development to be made, there would be no need for deduction of the value. November 27, 2022 sclaw
Municipal Laws Gujarat Provincial Municipal Corporations Act, 1949 – Sections 129 and 132 – Exemption from payment of general tax – – correct to hold that provisions from Section 141AA to Section 141F form a complete code when tax has to be computed and paid on the carpet area method, and for such computation, reference cannot be made to the provisions of Sections 129 to 133 which relate to property tax payable on annual rateable value. November 27, 2022 sclaw
Property Matters Plot in question was reserved/earmarked for public convenience for the residents of the locality/colony which could not have been allotted in favour of individual and that the construction put up by the petitioner was absolutely illegal and unauthorised, November 27, 2022 sclaw
