Supreme Court of India Judgements

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Category: Land Acquisition

Land Acquisition

Land Acquisition Act, 1894, S.18–Just Compensation-Similar situated land-lf the purpose of acquisition is same and when the lands are identical and similar though lying in different villages, there is no justification to make any discrimination between the land owners to pay more to some of the land owners and less compensation to others

Sep 28, 2017 sclaw

2017(2) Law Herald (SC) 1498 : 2017 LawHerald.Org 1131 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice R. Banumathi Civil Appeal…

Land Acquisition

Land Acquisition Act, 1894 – Sections 23 and 24 – Acquisition of land in excess of ceiling – Determination of compensation – Land in excess of ceiling exempted by the Government – Land not vesting in Government – Acquisition under the Act, permissible – Land owner is entitled to compensation under the Act as acquisition is not under Land Ceiling Act.

Jul 7, 2017 sclaw

  AIR 1996 SC 3142 : (1996) 3 JT 629 : (1996) 3 SCALE 140 : (1996) 3 SCC 282 : (1996) 3 SCR 772 SUPREME COURT OF INDIA GOVERNMENT…

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Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage.

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Labour Cases

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Labour Cases

Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest

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Bhartiya Nagrik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 175(4) — Complaints against public servants alleged to have committed offenses in discharge of official duties — Interpretation — This provision is not a standalone provision, nor is it a proviso to Section 175(3) — It must be read in harmony with Section 175(3), with Section 175(4) forming an extension of Section 175(3) — The power to order investigation under Section 175(3) is conferred upon a judicial magistrate, while Section 175(4) also confers such power but prescribes a special procedure for complaints against public servants — The expression “complaint” in Section 175(4) does not encompass oral complaints and must be understood in the context of a written complaint supported by an affidavit, as required by Section 175(3) — This interpretation ensures that the procedural safeguard of an affidavit, mandated by Priyanka Srivastava v. State of U.P., is not undermined even when dealing with public servants — The intention is to provide a two-tier protection: first, at the threshold stage under Section 175(4) with additional safeguards, and second, at the post-investigation stage under Section 218(1) regarding previous sanction. (Paras 26, 31, 37.1, 37.2, 37.4, 37.5, 37.6, 37.8, 38, 39, 40, 42, 43, 44)

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