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19th Jun, 2014

Power of competent authority to summon any person to give evidence or produce records not illegal #indianlaws

Section 50(2) of the PML Act, vest power in the competent authority to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or […]
19th Jun, 2014

Mere denial of liability in Cheque dishonour is not sufficent shift burden on complainant #indianlaws

Mere distorted version or mere taking up the plea or the defence that accused is not liable to pay any amount or be discharged the amount are not sufficient to put back the burden on to […]
19th Jun, 2014

Injunction by the Court will not hold invocation of Section 24 of RFCTLARR 2013 #indianlaws

The conditions set out in Section 24(2) of RFCTLARR Act 2013 are unqualified and it does not matter as to what was the reason behind the non-payment of compensation or for not taking possession. I […]
19th Jun, 2014

Revocation of Patents #indianlaws

If “any person interested” has filed proceedings under Section 25(2) of the Patents Act, the same would eclipse all similar rights available to the very same person under Section 64(1) of the Patents Act.
9th Jun, 2014

Objections against proceedings of Acquisition – Status under the repealed and repealing Act #indianlaws

As per Section 15 of the 2013 Act any person interested in any land notified under Section 11(1) as being required or likely to be required for a public purpose, may within sixty days from […]
9th Jun, 2014

Subsequent purchaser can seek declaration as to that acquisition has lapsed #indianlaws

There is no bar for a subsequent purchaser to seek declaration as to the scheme of Acquistion having lapsed.
9th Jun, 2014

No award made under Section 11 of the 1894 Act – Compensation to be determined as per 2013 Act #indianlaws

Section 24(1)(a) of the 2013 Act provides that if no award under Section 11 of the 1894 Act has been made then all provisions of 2013 Act relating to determination of COMPENSATION ONLY shall apply  
9th Jun, 2014

Withdrawal of compensation after expiry of five years-Section 24 attracted #indianlaws

Withdrawal of compensation after expiry of five years of passing of award will not come in the way of attracting the mischief of Section 24 RFCTLARR Act 2013
9th Jun, 2014

Effect of stay on taking possession of land by Court on Section 24 RFCTLARR Act 2013 #indianlaws

An interesting question arose before the Rajasthan High Court as to the impact of grant of stay on taking the possession of the land by the Court vis a vis Section 24 of the RFCTLARR […]
9th Jun, 2014

Conditions for fulfillment of Section 24 of RFCTLARR Act 2013 #indianlaws

Section 24(2) of RTFCTLARR Act 2013 commences with a non-obstante clause and according to said provision if the physical possession of the land has not been taken and compensation has not been deposited by the Acquiring Authority […]
7th Jun, 2014

No strait-jacket formula can be laid down for arriving at exact market value of the land #indianlaws

The assessing authority must take into consideration various factors for determining the market value, but exclude the advantages due to the carrying out of the purpose of acquisition and remote potentialities.
7th Jun, 2014

The courts should not adopt an injustice-oriented approach in rejecting the application for condonation of delay #indianaws

The Court observed that rules of Limitation are not meant to destroy the rights of the parties rather the idea is that every legal remedy must be kept alive for a legislatively fixed period of […]