Supreme Court of India Judgements

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Category: Land Acquisition

Land Acquisition

Requisitioning and Acquisition of Immovable Property Act, 1952 – Section 8(1)(a) – Sale of properties – Properties acquired under 1952 Act alongwith other properties – Concurrent finding recorded by Single Bench and Division Bench upholding validity of notification – Under the 1952 Act, fair market value had to be determined on the date of acquisition

May 14, 2017 sclaw

  AIR 2007 SC 357 : (2006) 3 ARBLR 414 : (2006) 8 JT 434 : (2006) 8 SCALE 768 : (2006) 10 SCC 227 : (2006) 5 SCR 696…

Land Acquisition

Land Acquisition Act, 1894 – Section – 4(1), 23(1) – Stamp Act – Section – 48 – Enhancement of the compensation – The High Court by the impugned judgment dated 22nd August, 1989 made in R.F.A. No52/89 and batch uniformly enhanced the market value to Rs. 12,000/- per bigha – Court has considered the entire gamut of the operation of the relevant provisions of Stamps Act and held that the fixation by the Government of the amount under Stamp Act for fiscal purpose bears no relevance to determine the market value

May 7, 2017 sclaw

(1995) 4 SCALE 726 : (1995) 5 SCC 310 : (1995) 2 SCR 572 Supp SUPREME COURT OF INDIA PAINDER SINGH AND OTHERS — Appellant Vs. UNION OF INDIA (UOI)…

Land Acquisition

Compensation—Normally, when larger extents are involved in an acquisition, it will be more prudent to rely on sale deeds of larger extents and not to base the assessment of the compensation on values fetched at sales of small extents. Compensation—Agricultural Lands used for cultivation—Valuation of such lands on the basis of price per square meter does not appear to be justified.

May 2, 2017 sclaw

  2007(3) LAW HERALD (SC) 2563  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.K. Balasubramaniyan The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 5355 of…

Land Acquisition

Acquisition of Land–Re-conveyance of land–Doctrine of public trust would disable the State from giving back the property for anything less than the market value. Acquisition of Land–Re-conveyance of land cannot be ordered merely because there is delay in implementation of scheme for which land was acquired.

Apr 30, 2017 sclaw

  2007(3) LAW HERALD (SC) 2517  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice P.K. Balasubramaniyan Civil Appeal Nos. 5928-5929 of…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 3(f)(vi) – Acquisition of Land – For benefit of registered society – Tentative conclusion must be coupled with specific approval to acquire land for public purpose – State Government not prohibited from acting on basis of relevant material on record.

Apr 23, 2017 sclaw

  (2000) 3 JT 468 Supp : (2000) 8 SCALE 281 : (2000) 5 SCR 483 Supp SUPREME COURT OF INDIA STATE GOVT. HOUSELESS HARIJAN EMPLOYEES ASSOCIATION — Appellant Vs.…

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C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw