Back
V.K.SABHARWAL, BRIJESH KUMAR, S.P.BHARUCHA
Siddappa Vasappa Kuri – Appellant
Versus
Special Land Acquisition Officer – Respondent
Bharucha, J. -- This appeal has been referred to a bench of three Judges by reason of the contrary views taken by two Benches of two learned Judges in Special Talzsildar (LA) PWD Schemes, Vijayawada v. M.A. Jabbar [(1995) 2 SCC 142] on the one hand, and in Asstt. Commissioner, Gadag Sub-Division, Gadag v. Mathapathi Basavwl1lewwa [(1995) 6 SCC 355] on the other. The referral order also makes a reference to State of H.P v. Dharam Das [(1995) 5 SCC 683], but no reasoning can be discerned therein.
We are required to consider the provisions of section 23(A) of the Land Acquisition Act, 1894, in the context of the following facts : possession of land bearing survey no 311/3, admeasuring 2 acres and 16 guntas, situated at village Hirenandi, Gokak taluk, Belgaum district, Karnataka, was taken by the respondents from the appellants, who were the owners thereof, on 1st June 1977, for the purposes of the construction of an inigation channel. On 8th March, 1991, a notification was issued under section 4(1) of the Act in relation to the said land. It was followed by a notification under section 6. The provisions of section 17 were thereafter applied. On 6th February, 1993, an award
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
