Land Acquisition Market value – Determination – Rate of price escalation – for determining the market value of a land acquired in 1992, adopting the annual increase method with reference to a sale or acquisition in 1970 or 1980 may have many pitfalls. This is because, over the course of years, the “rate” of annual increase may itself undergo drastic change apart from the likelihood of occurrence of varying periods of stagnation in prices or sudden spurts in prices affecting the very standard of increase. April 11, 2021 sclaw
Arbitration Apponitment of arbitrator – whether the dispute which had arisen at the first instance has been settled; if the dispute subsisted, whether the claim is within the period of limitation, the nature of relief if any and all other contention on merits are to be considered in the arbitral proceedings – Hence, keeping open all contentions on merits, sole Arbitrator is to be appointed to resolve the dispute between the parties April 11, 2021 sclaw
Matrimonial Transfer of Matrimonial Case – notice only for the purpose of referring the matter to Mediation – In the Mediation Centre, the parties have reached a Settlement Agreement – April 11, 2021 sclaw
Accident Widow’s right to claim compensation under the Motor Vehicles Act for the death of her husband in a motor vehicle accident will not abate on her re-marriage. April 10, 2021 sclaw
Service Service Law – Appointment to post of Junior Engineer/(Electrical)-Respondent HPSEB is directed to process the candidature of all applicants, including the degree holders who participated, and depending on the relative merits, proceed to issue the final selection list of all successful candidates, after holding interviews, etc. April 10, 2021 sclaw
Acquittal (IPC) – Sections 302, 364-A, 376, 216 read with Section 120-B – Kidnapping Rape and Murder – Circumstancial evidence – Post-mortem report discloses that victim was sexually assaulted, the FSL Report on record does not establish any connection of accused with the sexual assault on the deceased victim – Record is again not clear as to when the present appellants were arrested and how and in what manner their disclosure statements led to the recovery of the dead body April 10, 2021April 10, 2021 sclaw
I P C (IPC) – Sections 224, 302 and 511 – Murder of Police Constable and Attempt to Escape from Custody – Appeal against Conviction and Sentence – Accused was arrested for offences punishable under Sections 51 r/w 63, 52 A r/w 68-A and 65 of the Copyright Act, 1957 -it was for the accused to explain under what circumstances the deceased was dead – Accused has failed to offer any cogent explanation in this regard – Appeal dismissed April 10, 2021 sclaw
Direct Taxation Third proviso to Section 254(2A) of the Income Tax Act will now be read without the word “even” and the words “is not” after the words “delay in disposing of the appeal” – Any order of stay shall stand vacated after the expiry of the period or periods mentioned in the Section only if the delay in disposing of the appeal is attributable to the assessee. April 10, 2021 sclaw
Arbitration Appointment of arbitrator – Section 11 court would refer the matter when contentions relating to non-arbitrability are plainly arguable, or when facts are contested – The court cannot, at this stage, enter into a mini trial or elaborate review of the facts and law which would usurp the jurisdiction of the arbitral tribunal April 10, 2021 sclaw
Narcotics Possession of 1 kg heroin – Commercial quantity – Quantity of substance with which an accused is charged is a relevant factor, which can be taken into consideration while fixing quantum of the punishment. April 10, 2021 sclaw
