This document summarizes six appeals heard together regarding the apportionment of compensation for lands acquired in Delhi. The appellant claimed 25% of compensation awarded as the landowner, with 75% going to the respondent lessees. The court analyzed previous rulings and found that since compensation was assessed based on market value of the lands and not just leasehold rights, the ratios in previous cases allocating 25% to the landowner and 75% to lessees applied in this case as well. The court therefore allowed the appeals and allocated compensation accordingly.
This practice direction provides guidance on reciprocal enforcement of maintenance orders between England and Wales and other countries. It outlines the procedures for notifying payment details, transmitting orders, registering orders, and taking enforcement actions. Specific rules are given for applications involving the Republic of Ireland, Hague Convention countries, and the United States. Certified copies of orders and required documentation varies based on the recipient country.
This case involves a dispute between Pure Helium India Pvt. Ltd. and Oil & Natural Gas Commission over a contract for the supply of helium diving gas. The key details are:
- Pure Helium's bid of Rs. 149/cubic meter, including a foreign exchange component of $4.60, was accepted by ONGC.
- Due to an increase in the dollar exchange rate, Pure Helium claimed a price difference.
- An arbitration tribunal ruled in Pure Helium's favor, but the high court set aside the award, questioning the arbitrator's jurisdiction.
- The Supreme Court ruled that an arbitrator has the jurisdiction to interpret contracts and determine such claims.
This document summarizes a Supreme Court of India case regarding the refund of excess toll tax collected. The Cantonment Board floated tenders for collecting toll tax on commercial vehicles. Respondents 1 and 2 bid Rs. 1.02 lakh per day but later matched another bid of Rs. 1.25 lakh to collect the tax. When the higher bid petition was dismissed, the High Court ordered a refund of the excess amount to Respondents 1 and 2. The Supreme Court overturned this, finding no prejudice was caused to Respondents 1 and 2 by matching the higher bid voluntarily.
Colombia has established strong intellectual property protections following international standards. While trademark use alone does not confer exclusive rights, registration is required to obtain legal protections. Contracts transferring copyrights or patent rights must be registered to be enforceable against third parties. Intellectual property in Colombia includes trademarks, patents, copyrights, and other categories protected by registration with national authorities.
Section 34 of the Arbitrationand Conciliation Act. Scope of interference. Po...Legal
Scope of Interference under Section 34 of the Arbitration and Conciliation Act. Under which circumstances Court can interfere with an award passed by the arbitral tribunal.
5. AL QAHTANI PIPE COATING TERMINAL V. MINERAL SALES.pdfKrishnaKG4
This document summarizes a court case between Al-qahtani Pipe Coating Terminal and Minerals Sales regarding the removal of plant and machinery from a factory site. Key points:
- Al-qahtani had leased plant and machinery to Otoklin Plant and Equipment Ltd. which later went into liquidation.
- A court order established Al-qahtani's ownership of the plant and machinery and directed the Official Liquidator to return it.
- However, when Al-qahtani went to retrieve the plant and machinery in December 2003, over 70% was missing and the remaining parts were damaged.
Revised formats under sebi (substantial acquisition of shares and takeovers) ...GAURAV KR SHARMA
This document outlines revised formats under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 for reports to be furnished to stock exchanges and SEBI regarding acquisitions made in reliance on certain exemptions provided under the regulations. Specifically, it modifies existing formats to require reporting of compliance under Chapter V of the regulations for a period of 3 years when filing such reports. Stock exchanges are advised to notify listed entities of these revisions and disseminate the circular on their websites. The annexure includes the revised formats for disclosures to stock exchanges and reports to SEBI regarding acquisitions made under various exemptions provided in the regulations.
Compare the judgements of Bhatia and Balco and Secondly what in your opinion ...Suneeta Mohapatra
This document provides a summary and comparison of two important cases related to international commercial arbitration in India - Bhatia International v Bulk Trading S.A. and Bharat Aluminium Company v Kaiser Aluminium Technical Service. It summarizes the key issues and findings in Bhatia International, which held that Part I of the Indian Arbitration and Conciliation Act applies to arbitrations seated outside India. It then summarizes the counter arguments and findings in BALCO, which overruled Bhatia International and held that Part I does not apply to arbitrations seated outside India. The document compares the reasoning provided in the two cases and analyzes how BALCO addressed the issues raised in Bhatia International.
This practice direction provides guidance on reciprocal enforcement of maintenance orders between England and Wales and other countries. It outlines the procedures for notifying payment details, transmitting orders, registering orders, and taking enforcement actions. Specific rules are given for applications involving the Republic of Ireland, Hague Convention countries, and the United States. Certified copies of orders and required documentation varies based on the recipient country.
This case involves a dispute between Pure Helium India Pvt. Ltd. and Oil & Natural Gas Commission over a contract for the supply of helium diving gas. The key details are:
- Pure Helium's bid of Rs. 149/cubic meter, including a foreign exchange component of $4.60, was accepted by ONGC.
- Due to an increase in the dollar exchange rate, Pure Helium claimed a price difference.
- An arbitration tribunal ruled in Pure Helium's favor, but the high court set aside the award, questioning the arbitrator's jurisdiction.
- The Supreme Court ruled that an arbitrator has the jurisdiction to interpret contracts and determine such claims.
This document summarizes a Supreme Court of India case regarding the refund of excess toll tax collected. The Cantonment Board floated tenders for collecting toll tax on commercial vehicles. Respondents 1 and 2 bid Rs. 1.02 lakh per day but later matched another bid of Rs. 1.25 lakh to collect the tax. When the higher bid petition was dismissed, the High Court ordered a refund of the excess amount to Respondents 1 and 2. The Supreme Court overturned this, finding no prejudice was caused to Respondents 1 and 2 by matching the higher bid voluntarily.
Colombia has established strong intellectual property protections following international standards. While trademark use alone does not confer exclusive rights, registration is required to obtain legal protections. Contracts transferring copyrights or patent rights must be registered to be enforceable against third parties. Intellectual property in Colombia includes trademarks, patents, copyrights, and other categories protected by registration with national authorities.
Section 34 of the Arbitrationand Conciliation Act. Scope of interference. Po...Legal
Scope of Interference under Section 34 of the Arbitration and Conciliation Act. Under which circumstances Court can interfere with an award passed by the arbitral tribunal.
5. AL QAHTANI PIPE COATING TERMINAL V. MINERAL SALES.pdfKrishnaKG4
This document summarizes a court case between Al-qahtani Pipe Coating Terminal and Minerals Sales regarding the removal of plant and machinery from a factory site. Key points:
- Al-qahtani had leased plant and machinery to Otoklin Plant and Equipment Ltd. which later went into liquidation.
- A court order established Al-qahtani's ownership of the plant and machinery and directed the Official Liquidator to return it.
- However, when Al-qahtani went to retrieve the plant and machinery in December 2003, over 70% was missing and the remaining parts were damaged.
Revised formats under sebi (substantial acquisition of shares and takeovers) ...GAURAV KR SHARMA
This document outlines revised formats under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 for reports to be furnished to stock exchanges and SEBI regarding acquisitions made in reliance on certain exemptions provided under the regulations. Specifically, it modifies existing formats to require reporting of compliance under Chapter V of the regulations for a period of 3 years when filing such reports. Stock exchanges are advised to notify listed entities of these revisions and disseminate the circular on their websites. The annexure includes the revised formats for disclosures to stock exchanges and reports to SEBI regarding acquisitions made under various exemptions provided in the regulations.
Compare the judgements of Bhatia and Balco and Secondly what in your opinion ...Suneeta Mohapatra
This document provides a summary and comparison of two important cases related to international commercial arbitration in India - Bhatia International v Bulk Trading S.A. and Bharat Aluminium Company v Kaiser Aluminium Technical Service. It summarizes the key issues and findings in Bhatia International, which held that Part I of the Indian Arbitration and Conciliation Act applies to arbitrations seated outside India. It then summarizes the counter arguments and findings in BALCO, which overruled Bhatia International and held that Part I does not apply to arbitrations seated outside India. The document compares the reasoning provided in the two cases and analyzes how BALCO addressed the issues raised in Bhatia International.
This document provides instructions for completing a Housing Assistance Payments Contract (HAP contract) used to provide Section 8 tenant-based housing assistance. It explains that the HAP contract has three parts: Part A includes contract information to be filled out; Part B is the body of the contract; and Part C is a tenancy addendum. It provides guidance for filling out Part A, including entering information about the tenant, contract unit, household members, initial lease term, initial rent to owner, and utilities and appliances responsibility. The HAP contract is required for use by the U.S. Department of Housing and Urban Development (HUD) to provide Section 8 assistance.
This document provides an overview of strata title laws in Malaysia. It explains that strata title allows for horizontal subdivision of buildings into individual units. Each unit is granted a separate title, while common areas are jointly owned. Key aspects summarized include the types of parcels and common property, the application process for strata title, responsibilities of management corporations and unit owners, and consequences of noncompliance.
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
This document provides a summary of 28 legal authorities and judgments related to Order 7 Rule 11 of the Code of Civil Procedure (CPC) regarding the rejection of plaints. The key points made by the various judgments are: 1) the maintainability of a suit under Order 7 Rule 11 must be evaluated based only on the pleadings in the plaintiff without considering other evidence; 2) a plaint cannot be rejected if it discloses a cause of action or merely because the plaintiff may not succeed; and 3) the valuation and court fees provided by the plaintiff in their plaint should generally be accepted unless found to be unreasonable.
Section 12, 13, 14, 16 and 17 of the arbitration act.role of the court under ...Legal
Sections 12, 13, 14, 16 and 17 of the Arbitration and Conciliation Act deal with challenges to arbitrators, the competence of arbitral tribunals, and interim measures. Section 12 allows parties to challenge an arbitrator's appointment based on reasonable doubts about independence or impartiality. Section 13 sets out the challenge procedure, requiring parties to notify the tribunal within 15 days. If a challenge is denied, the tribunal will continue proceedings. Section 14 covers replacing arbitrators who are unable to serve or withdraw. Section 16 gives arbitral tribunals competence to rule on their own jurisdiction. Section 17 allows tribunals to issue interim measures for preservation of property or evidence.
The document discusses the concept of indefeasibility of title under the National Land Code (NLC) of Malaysia. It explains that there are two types of indefeasibility - immediate indefeasibility and deferred indefeasibility. Sections 340(1)-(3) of the NLC are analyzed in detail. While the NLC does not explicitly provide for either type, an analysis of these sections shows that the NLC confers deferred indefeasibility. This was supported by various court cases prior to 2001. However, a 2001 Federal Court case had applied immediate indefeasibility instead, going against previous interpretations, until it was overturned by another Federal Court case in 2010 which reinstated deferred indefeas
court orders will be applicable in similar cases കോടതി ഉത്തരവുകൾ സമാന കേസുകൾക്കും ബാധകം എന്ന സുപ്രീം കോടതി ഉത്തരവ് contact your land consultant today. We Solve your land problems in Kerala - we provide Legal support, assistance and monitoring of your complaints in Bhoomi tharam mattom, pattayam , thandapper , pokkuvaravu , land tax , building tax , digital survey , resurvey ,klc , puramboke , pathway disputes, fair value , data bank , issues . James Joseph Adhikarathil , Former Deputy collector Alappuzha 94447464502. Service available all over Kerala
The document discusses the definition of "cause to the contrary" under Section 256(3) of the National Land Code. It summarizes a case (Kheng Soon Finance Bhd. V MK Retnam Holdings & Ors S/B) where a housing developer charged land that was intended for a housing development to a chargee as security for a loan. However, the developer had already sold 59 lots to purchasers with an agreement allowing encumbrances only after possession. When the developer defaulted on the loan, the chargee applied for a court order to sell the land, but the court found the chargee's knowledge of the prior sales constituted "cause to the contrary." The Privy Council later overturned this,
The document discusses ex-parte interim injunction orders passed by Indian courts and whether they follow guidelines from the Supreme Court of India on such orders. It notes that obtaining ex-parte orders can create havoc for defendants and be difficult to vacate. While the Supreme Court laid down principles to curb misuse, some courts still tend to pass ex-parte orders without properly applying the law or considering principles of natural justice. The document analyzes some cases where ex-parte orders were passed without following guidelines. It questions whether courts sufficiently consider merits before granting such drastic relief.
This document summarizes a Tax Court case regarding Walter and Carol Selph's challenge to tax liabilities and penalties for tax years 1999, 2000, and 2001. The Tax Court found that the Selphs were entitled to challenge their underlying tax liabilities for those years. Additionally, the court found that the Selphs were liable for failure-to-pay penalties for 1999 but not 2000 and 2001 due to Mrs. Selph's health issues those years which constituted reasonable cause for failure to timely file.
The document summarizes key aspects of Colombia's environmental legal regime for foreign investors. It outlines that projects requiring environmental licenses must obtain one prior to starting, and defines the types of projects that require a license. It also discusses other key environmental permits needed, the national protected areas system, consultation requirements for projects affecting indigenous communities, and the government agencies and regulations governing environmental protection in Colombia.
The court document is a judgment from the High Court of Delhi regarding a writ petition related to the draft Environmental Impact Assessment (EIA) notification published by the central government on April 11, 2020. In the summary, the court clarifies that the deadline for public comments on the draft notification has been extended to August 11, 2020, not June 30 as stated in one of the government notifications. The court also directs the government to translate the draft EIA notification into other languages listed in the Indian constitution within 10 days to better facilitate public participation from across the country.
Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot.
This document lists the names of students and the parts they will perform in a mock civil trial. It includes:
1. An opening statement for the plaintiff side and defendant side.
2. Examination and cross-examination of plaintiff and defendant witnesses.
3. Closing arguments for the plaintiff and defendant sides.
This document summarizes a Tax Court case regarding whether the court has jurisdiction to redetermine penalties assessed under Section 6707A of the Internal Revenue Code. The Tax Court ruled that it does not have jurisdiction over Section 6707A penalties in a deficiency proceeding. Section 6707A penalties are assessed for failing to disclose involvement in certain tax avoidance transactions known as reportable transactions.
Singapore India DTA Incorporating Protocol 2005Maverick Tan
This document summarizes an agreement between the governments of Singapore and India to avoid double taxation and prevent tax evasion with respect to income taxes. It was signed on January 24, 1994 and took effect on January 1, 1994 for Singapore and April 1, 1994 for India. The agreement defines key terms and outlines how residence and permanent establishments are determined for tax purposes. It also describes the taxes covered under the agreement.
This order summarizes a writ petition seeking to direct respondents to appoint an arbitrator to determine rents and compensation for property requisitioned for military purposes in 1963. The property belonged to the petitioner's ancestors and included bungalows and land. While disputes over the land portion were resolved, the issues regarding rents and compensation for the bungalows remained undecided. The court allowed the petition and directed the respondents to appoint an arbitrator within 4 weeks as provided for under the relevant Act to resolve the outstanding matters relating to the building portions.
This document is a court judgment regarding a civil revision petition filed to challenge a trial court's order rejecting the defendant's application to frame a preliminary issue in a civil suit. The trial court had refused to frame a preliminary issue on whether the suit was maintainable in view of there being no consideration for the alleged oral agreement between the parties as per Section 25 of the Contract Act. The High Court dismissed the revision petition, holding that the trial court was justified in finding that the issue of consideration involved mixed questions of law and fact that could not be decided in a preliminary issue. The High Court also held that the revision was not maintainable against an order refusing to frame a preliminary issue.
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005chithra venkatesan
This document is a Supreme Court of India case summary from 2005 regarding a property dispute between Popat and Kotecha Property and the State Bank of India Staff Association. The key details are:
1) Popat and Kotecha Property built a property for the State Bank of India Staff Association in 1983 per an agreement. The agreement stated Popat would receive a lease for certain floors once construction was complete.
2) Construction finished in 1984 but the lease was never executed. Popat sued in 1990 seeking execution of the lease or damages.
3) The trial court dismissed a motion to reject the suit as barred by limitation period but the High Court overturned this, finding the suit was outside the limitation period.
This document provides instructions for completing a Housing Assistance Payments Contract (HAP contract) used to provide Section 8 tenant-based housing assistance. It explains that the HAP contract has three parts: Part A includes contract information to be filled out; Part B is the body of the contract; and Part C is a tenancy addendum. It provides guidance for filling out Part A, including entering information about the tenant, contract unit, household members, initial lease term, initial rent to owner, and utilities and appliances responsibility. The HAP contract is required for use by the U.S. Department of Housing and Urban Development (HUD) to provide Section 8 assistance.
This document provides an overview of strata title laws in Malaysia. It explains that strata title allows for horizontal subdivision of buildings into individual units. Each unit is granted a separate title, while common areas are jointly owned. Key aspects summarized include the types of parcels and common property, the application process for strata title, responsibilities of management corporations and unit owners, and consequences of noncompliance.
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
This document provides a summary of 28 legal authorities and judgments related to Order 7 Rule 11 of the Code of Civil Procedure (CPC) regarding the rejection of plaints. The key points made by the various judgments are: 1) the maintainability of a suit under Order 7 Rule 11 must be evaluated based only on the pleadings in the plaintiff without considering other evidence; 2) a plaint cannot be rejected if it discloses a cause of action or merely because the plaintiff may not succeed; and 3) the valuation and court fees provided by the plaintiff in their plaint should generally be accepted unless found to be unreasonable.
Section 12, 13, 14, 16 and 17 of the arbitration act.role of the court under ...Legal
Sections 12, 13, 14, 16 and 17 of the Arbitration and Conciliation Act deal with challenges to arbitrators, the competence of arbitral tribunals, and interim measures. Section 12 allows parties to challenge an arbitrator's appointment based on reasonable doubts about independence or impartiality. Section 13 sets out the challenge procedure, requiring parties to notify the tribunal within 15 days. If a challenge is denied, the tribunal will continue proceedings. Section 14 covers replacing arbitrators who are unable to serve or withdraw. Section 16 gives arbitral tribunals competence to rule on their own jurisdiction. Section 17 allows tribunals to issue interim measures for preservation of property or evidence.
The document discusses the concept of indefeasibility of title under the National Land Code (NLC) of Malaysia. It explains that there are two types of indefeasibility - immediate indefeasibility and deferred indefeasibility. Sections 340(1)-(3) of the NLC are analyzed in detail. While the NLC does not explicitly provide for either type, an analysis of these sections shows that the NLC confers deferred indefeasibility. This was supported by various court cases prior to 2001. However, a 2001 Federal Court case had applied immediate indefeasibility instead, going against previous interpretations, until it was overturned by another Federal Court case in 2010 which reinstated deferred indefeas
court orders will be applicable in similar cases കോടതി ഉത്തരവുകൾ സമാന കേസുകൾക്കും ബാധകം എന്ന സുപ്രീം കോടതി ഉത്തരവ് contact your land consultant today. We Solve your land problems in Kerala - we provide Legal support, assistance and monitoring of your complaints in Bhoomi tharam mattom, pattayam , thandapper , pokkuvaravu , land tax , building tax , digital survey , resurvey ,klc , puramboke , pathway disputes, fair value , data bank , issues . James Joseph Adhikarathil , Former Deputy collector Alappuzha 94447464502. Service available all over Kerala
The document discusses the definition of "cause to the contrary" under Section 256(3) of the National Land Code. It summarizes a case (Kheng Soon Finance Bhd. V MK Retnam Holdings & Ors S/B) where a housing developer charged land that was intended for a housing development to a chargee as security for a loan. However, the developer had already sold 59 lots to purchasers with an agreement allowing encumbrances only after possession. When the developer defaulted on the loan, the chargee applied for a court order to sell the land, but the court found the chargee's knowledge of the prior sales constituted "cause to the contrary." The Privy Council later overturned this,
The document discusses ex-parte interim injunction orders passed by Indian courts and whether they follow guidelines from the Supreme Court of India on such orders. It notes that obtaining ex-parte orders can create havoc for defendants and be difficult to vacate. While the Supreme Court laid down principles to curb misuse, some courts still tend to pass ex-parte orders without properly applying the law or considering principles of natural justice. The document analyzes some cases where ex-parte orders were passed without following guidelines. It questions whether courts sufficiently consider merits before granting such drastic relief.
This document summarizes a Tax Court case regarding Walter and Carol Selph's challenge to tax liabilities and penalties for tax years 1999, 2000, and 2001. The Tax Court found that the Selphs were entitled to challenge their underlying tax liabilities for those years. Additionally, the court found that the Selphs were liable for failure-to-pay penalties for 1999 but not 2000 and 2001 due to Mrs. Selph's health issues those years which constituted reasonable cause for failure to timely file.
The document summarizes key aspects of Colombia's environmental legal regime for foreign investors. It outlines that projects requiring environmental licenses must obtain one prior to starting, and defines the types of projects that require a license. It also discusses other key environmental permits needed, the national protected areas system, consultation requirements for projects affecting indigenous communities, and the government agencies and regulations governing environmental protection in Colombia.
The court document is a judgment from the High Court of Delhi regarding a writ petition related to the draft Environmental Impact Assessment (EIA) notification published by the central government on April 11, 2020. In the summary, the court clarifies that the deadline for public comments on the draft notification has been extended to August 11, 2020, not June 30 as stated in one of the government notifications. The court also directs the government to translate the draft EIA notification into other languages listed in the Indian constitution within 10 days to better facilitate public participation from across the country.
Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot with ladies.Omaxe Reviews get lot of hits on omaxe reviews official omaxe reviews introducing omaxe reviews and Mr. Anil Kumar get set go. Omaxe Reviews at next month but all over get hot.
This document lists the names of students and the parts they will perform in a mock civil trial. It includes:
1. An opening statement for the plaintiff side and defendant side.
2. Examination and cross-examination of plaintiff and defendant witnesses.
3. Closing arguments for the plaintiff and defendant sides.
This document summarizes a Tax Court case regarding whether the court has jurisdiction to redetermine penalties assessed under Section 6707A of the Internal Revenue Code. The Tax Court ruled that it does not have jurisdiction over Section 6707A penalties in a deficiency proceeding. Section 6707A penalties are assessed for failing to disclose involvement in certain tax avoidance transactions known as reportable transactions.
Singapore India DTA Incorporating Protocol 2005Maverick Tan
This document summarizes an agreement between the governments of Singapore and India to avoid double taxation and prevent tax evasion with respect to income taxes. It was signed on January 24, 1994 and took effect on January 1, 1994 for Singapore and April 1, 1994 for India. The agreement defines key terms and outlines how residence and permanent establishments are determined for tax purposes. It also describes the taxes covered under the agreement.
This order summarizes a writ petition seeking to direct respondents to appoint an arbitrator to determine rents and compensation for property requisitioned for military purposes in 1963. The property belonged to the petitioner's ancestors and included bungalows and land. While disputes over the land portion were resolved, the issues regarding rents and compensation for the bungalows remained undecided. The court allowed the petition and directed the respondents to appoint an arbitrator within 4 weeks as provided for under the relevant Act to resolve the outstanding matters relating to the building portions.
This document is a court judgment regarding a civil revision petition filed to challenge a trial court's order rejecting the defendant's application to frame a preliminary issue in a civil suit. The trial court had refused to frame a preliminary issue on whether the suit was maintainable in view of there being no consideration for the alleged oral agreement between the parties as per Section 25 of the Contract Act. The High Court dismissed the revision petition, holding that the trial court was justified in finding that the issue of consideration involved mixed questions of law and fact that could not be decided in a preliminary issue. The High Court also held that the revision was not maintainable against an order refusing to frame a preliminary issue.
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005chithra venkatesan
This document is a Supreme Court of India case summary from 2005 regarding a property dispute between Popat and Kotecha Property and the State Bank of India Staff Association. The key details are:
1) Popat and Kotecha Property built a property for the State Bank of India Staff Association in 1983 per an agreement. The agreement stated Popat would receive a lease for certain floors once construction was complete.
2) Construction finished in 1984 but the lease was never executed. Popat sued in 1990 seeking execution of the lease or damages.
3) The trial court dismissed a motion to reject the suit as barred by limitation period but the High Court overturned this, finding the suit was outside the limitation period.
1) The plaintiff sued the defendant tenant for ejectment from residential premises on the ground of reasonable requirement, after giving 6 months notice of termination. However, the Rent Act requires 1 year's notice for termination in such cases.
2) The District Court granted relief to the plaintiff but deferred the writ of possession by 6 months. The defendant appealed.
3) The Court of Appeal held that failure to give the required 1 year notice before filing the case disentitles the plaintiff from maintaining the action for ejectment under the Rent Act. Giving a shorter notice period renders the action futile.
The High Court of Kerala heard two writ petitions challenging the refusal of the Sub Registrar to register documents without prior documents showing title. In both cases, the petitioners claimed possessory rights over the properties. The Court allowed both petitions based on prior judgments that the Sub Registrar cannot insist on prior documents and possessory rights can be transferred. The Court directed the Sub Registrars to register the documents in both cases without insisting on prior documents.
This document summarizes a court case between Vinay Kumar Singh and the Kolkata Port Trust regarding renewal of a lease. The key details are:
1. Vinay Kumar Singh had a 30-year lease with Kolkata Port Trust that expired in 2002. Singh requested renewal of the lease for 99 years.
2. Kolkata Port Trust issued a quit notice to Singh in 2007, claiming he had sublet the property and made unauthorized constructions.
3. Singh filed a writ petition challenging the quit notice and requesting a direction to renew the lease for 99 years. Kolkata Port Trust argued there was no concluded agreement for lease renewal.
4. The court examined communications between the parties
This document is the record of proceedings from the Supreme Court of India regarding Writ Petition 274/2009 on Assam's National Register of Citizens (NRC) update. It includes:
1) The granting of an extension for publishing the final NRC to August 31, 2019 as requested by the State Coordinator.
2) Allowing the State Coordinator to combine certain rules for the NRC update.
3) Scheduling a hearing on August 7, 2019 to hear parties on two issues raised by the Coordinator regarding descendants of declared foreigners.
4) Not requiring further sample verification of the NRC update process beyond what has already been done, as reported by the State Coordinator.
This document is an urgent whistleblower application filed in an Indian court. It seeks to bring important information on record related to the administration of justice in judicial institutions. It references several pending applications filed by the whistleblower dating back to 2011 that remain undecided. These applications contain evidence of criminal conspiracy and involvement of public servants and judicial officers that the whistleblower seeks to present. The document requests that if the whistleblower's locus standi (standing) is questioned, the pending probate case determining this issue must be decided first before the applications can be heard. It urges the court to decide the various pending applications in sequence to allow the whistleblower to present pre-charge evidence in the matter.
This document summarizes a court case in Sri Lanka regarding a partition dispute over land.
(1) The petitioner sought revision of the district court judgment, arguing that the land sought to be partitioned was part of a larger land, and there was a discrepancy in the extent of land between the plaint and preliminary plan.
(2) However, the Court of Appeal found that the boundaries of the land in the preliminary plan were identical to those in the deeds produced. The undefined eastern boundary did not mean it was part of a larger land.
(3) It is not always necessary to prove original ownership of land to a high degree, and some leniency should be given. The petitioner also failed to
This document summarizes a court case in Sri Lanka regarding a petition seeking to revise a district court's judgment in a land partition case. The key points are:
1) The petitioner argued that the district court failed to recognize that the land sought to be partitioned was part of a larger land and there was a discrepancy in the extent of land between the plaint and preliminary plan.
2) However, the court of appeal found that the boundaries of the land in the preliminary plan were identical to those in the deeds produced and in the plaint. The undefined eastern boundary did not mean it was part of a larger land.
3) It is not always required to prove original land ownership to a high degree
Case analysis of kenanga innovasi sdn bhd v toh kin lamLatifah Kaiyisah
The plaintiff purchased agricultural land from the defendants but is seeking a refund of excess purchase price paid. The defendants counterclaimed for unpaid interest. There were oral negotiations for extensions of time to pay the balance that were affirmed in letters. While the negotiations were oral, the plaintiff's actions showed acceptance of the terms by paying interest for several extensions. When the plaintiff failed to pay the balance by the final extended deadline, the defendants terminated the sale agreement. The court found for the defendants, holding that the oral negotiations were accepted and the plaintiff breached the contract by not paying the balance on time.
This document provides arguments regarding a dispute over the formation and alleged breach of a contract for the sale of a vintage car between Mr. Raghav and Mr. Sam. It summarizes the 3 key issues in dispute and provides supporting arguments for each issue in 3 or less sentences.
Issue 1: Whether the offer and acceptance were valid. It argues that the offer and acceptance communicated via telex met the requirements to form a valid contract under the Indian Contract Act.
Issue 2: Whether the revocation of the offer was valid. It argues that the revocation was not valid as it did not comply with provisions for revocation under the Indian Contract Act.
Issue 3: Whether there was a breach of contract.
The petitioner seeks to quash criminal proceedings against him for offenses under Sections 172, 173 of IPC and Sections 3(1)(F), 3(1)(g) of SC/ST (POA) Act. The allegations are that the petitioner, who owns 5 acres 4 guntas of land, wrongfully claimed ownership of 3 acres 3 guntas of the second respondent's neighboring land and obtained revenue records in his name. However, the court finds that the dispute appears to be civil in nature regarding ownership of land between two parties. Further, the ingredients to prove offenses under Sections 3(1)(f) and 3(1)(g) of SC/ST Act are not made out based on the facts.
The court remanded the case back to the Foreigners Tribunal to pass a reasoned order after reviewing the records of two previous cases regarding the petitioner's citizenship status. An earlier opinion declaring the petitioner not a foreigner lacked reasons and was therefore not a valid basis for the principle of res judicata to apply. However, in the interest of justice, the court ordered the Tribunal to consider materials from both previous cases and issue a new reasoned ruling, while no coercive action should be taken against the petitioner until then. The writ petition was disposed of with these directions.
The plaintiff sued the defendant seeking a declaration that she had a right of way over the defendant's land (Lot 5) to access her landlocked property (Lot 4C). The trial court rejected the plaintiff's claim of a prescriptive right of way but found she was entitled to a way of necessity over Lot 5. The Court of Appeal allowed the defendant's appeal. The Court held that (1) an owner who subdivides land and deprives themselves of access is not entitled to a way of necessity over neighboring land; and (2) when land is subdivided, the back portions retain access over the front portions and not over neighboring land. Since the plaintiff's predecessor subdivided the land and deprived Lot 4C
This document is a Supreme Court of India case summary. [1] It involves an appeal by the Salkia Businessmen's Association regarding displacement from their businesses for a flyover construction project. [2] A prior court order had disposed of the case based on a settlement agreement between the parties, which included providing alternative accommodations. [3] However, the authorities did not fully comply and proposed alternate terms, so the Association appealed again seeking enforcement of the original order terms. The Supreme Court allows the appeal, finding that the High Court failed to properly enforce its own prior orders binding the parties.
The document summarizes the internship diary of Ronak Karanpuria during their internship at the Supreme Court of India under Justice Dipak Misra. Over the course of 6 days, the intern observed court proceedings, conducted legal research, and worked on case studies. Some of the key cases discussed include appeals related to land disputes, criminal convictions, and employee benefits. The intern gained experience in legal research, analyzing facts and issues in cases, and summarizing judicial decisions.
This appeal concerns a dispute over ownership of a piece of land between the plaintiff who purchased the land in 2005 and the defendants who claim inheritance rights. The High Court had ruled in favor of the plaintiff. The key issues are:
1) Whether the High Court erred in setting aside a 2010 default judgment and consent order obtained in a previous 2004 case regarding the land.
2) Whether the principle of res judicata applies given the plaintiff's failed application to intervene in the 2004 case.
3) Whether the plaintiff's title to the land is indefeasible as a bona fide purchaser, or if he had notice of the defendants' claim due to his lawyer's involvement in the 2004 case.
The appellant gave the respondent an option to purchase land that was to be exercised within a stipulated period. The respondent exercised the option on time but the appellant refused to proceed. The respondent lodged a caveat on the land and filed a court case seeking specific performance or damages. The court granted an ex parte extension of the caveat. The appellant argued the extension was wrong and the respondent had no interest in the land. The court dismissed the appeal, finding the option was validly exercised so the respondent had a caveatable interest.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
1. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 1 of 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: December 13, 2012
Pronounced on: January 04, 2013
+ (i) R.F.A. No. 838/2002
UNION OF INDIA ..... Appellant
Through: Ms.Sonia Mathur and Mr.Sushil
Dubey, Advocates
versus
ADIL SINGH & ORS. ..... Respondents
Through: Mr.Ravinder Sethi, Senior
Advocate with Mr.Ajoy B.Kalia,
Advocate for Respondent No. 1.
Mr.Sanjay Kumar Pathak and
Ms.K.K. Kiran, Advocates for
UOI/LAC
Mr.Rajesh Yadav and Ms.Ruchira,
Advocates for Respondent No. 4.
+ (ii) LA. APP. No. 305/2007
DEFENCE ESTATES OFFICER ..... Appellant
Through: Ms.Sonia Mathur and Mr.Sushil
Dubey, Advocates
versus
LAC & ORS. ..... Respondents
Through: Mr.Sanjay Kumar Pathak and
Ms.K.K. Kiran, Advocates for
UOI/LAC
Mr.Rajesh Yadav and Ms.Ruchira,
Advocates for Respondent No. 2(a)
to 2(d).
2. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 2 of 10
+ (iii) R.F.A. No. 324/2003
DEFENCE ESTATES OFFICER ..... Appellant
Through: Ms.Sonia Mathur and Mr.Sushil
Dubey, Advocates
versus
LAC & ORS. ..... Respondents
Through: Mr.Sanjay Kumar Pathak and
Ms.K.K. Kiran, Advocates for
UOI/LAC
+ (iv) R.F.A. No. 83/2007 & C.M.No. 3616/2007
DEFENCE ESTATES OFFICER ..... Appellant
Through: Ms.Sonia Mathur and Mr.Sushil
Dubey, Advocates
versus
LAC & ORS. ..... Respondents
Through: Mr.Sanjay Kumar Pathak and
Ms.K.K. Kiran, Advocates for
UOI/LAC
Mr.Rajesh Yadav and Ms.Ruchira,
Advocates for Respondent No. 2.
+ (v) R.F.A. No. 328/2003
DEFENCE ESTATES OFFICER ..... Appellant
Through: Ms.Sonia Mathur and Mr.Sushil
Dubey, Advocates
versus
LAC & ORS. ..... Respondents
Through: Mr.Sanjay Kumar Pathak and
Ms.K.K. Kiran, Advocates for
UOI/LAC
3. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 3 of 10
+ (vi) R.F.A. No. 329/2003
DEFENCE ESTATES OFFICER ..... Appellant
Through: Ms.Sonia Mathur and Mr.Sushil
Dubey, Advocates
versus
LAC & ORS. ..... Respondents
Through: Mr.Sanjay Kumar Pathak and
Ms.K.K. Kiran, Advocates for
UOI/LAC
Mr.N.S.Vashisht and Mr.Arpan
Sharma, Advocates for respondent
No.2
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
% JUDGMENT
1. The subject matter of the above captioned six appeals is the
apportionment of compensation in respect of acquisition of land at
Jantar Mantar, Delhi in the first above captioned appeal and in
remaining appeals, at Mall Road, Delhi vide Notification of 31st
March, 2000 under Section 4 of Land Acquisition Act, 1894. Since
the subject matter of above captioned appeals is identical, therefore
these appeals were heard together and are being disposed of by this
common judgment.
2. Reference Court’s order in proceedings under Section 30 &
31 of Land Acquisition Act, 1894 grants compensation to
respondents herein while granting to appellant capitalized value of
4. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 4 of 10
rent of subject land which was leased out in perpetuity by appellant
to respondents.
3. Appellant in these appeals claims apportionment of
compensation awarded in the ratio of 25%: 75%. That is, out of
the compensation awarded 25% is claimed by appellant by virtue
of being the Lessor/owner of the subject land and the remaining
75% of the compensation to the respondents.
4. Learned counsel for appellant contends that the principle of
law in respect of apportionment of compensation as enunciated in
Sharda Devi vs. State of Bihar and another (2003) 3 SCC 128, is
inapplicable to the case in hand, as the Lessor is Ministry of
Defence, Government of India, whereas the acquiring agency is
Government of NCT of Delhi. It is pointed out by appellant’s
counsel that though the Notification under Section 4 of the Land
Acquisition Act, 1894 was for acquisition of leasehold rights but
the subject land was assessed by Land Acquisition Collector at the
market rate and so, the ratio of Apex Court decisions in Brij Behari
Sahai (dead) through LRs. & Ors. vs. State of U.P, (2004) 1 SCC
641 and Union of India & others vs. A. Ajit Singh, AIR 1997 SC
2669 apportioning the compensation between the Lessor and the
Lessee in the ratio of 40% : 60% or 75% : 25% of market value of
the land applies. It is pointed out by learned counsel for appellant
that the compensation assessed in respect of superstructure on the
subject land has been awarded to the Lessee and the Land
Acquisition Collector had rightly awarded compensation in the
5. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 5 of 10
ratio of 60%: 40%. That is, 60% to Lessee and 40% to the Lessor
while determining the market value of the acquired land.
5. According to appellant’s counsel, a bare perusal of the
identical Lease Deeds in question reveals that appellant had
retained absolute ownership of the subject land and there was a
resumption clause also in the Lease Deeds in question which gives
right to appellant to resume the subject land after giving one
month’s notice. While placing implicit reliance upon Apex Court
decision in Inder Parshad vs. Union of India and others, (1994) 5
SCC 239, apportionment of compensation in respect of acquired
land in question is claimed in these appeals in the ratio of 25% :
75%, i.e., 25% to appellant and 75% to the respondents.
6. Learned counsel for contesting respondents maintain that the
impugned judgment is sustainable on facts and in law as well.
During the course of hearing, attention of this Court was drawn to
Notification in question under Section 4 of Land Acquisition Act,
1894 to point out that it specifically mentions that leasehold rights
in the subject land are sought to be acquired and so logically
speaking, the compensation awarded is in respect of leasehold
rights only, which has been rightly granted to contesting
respondents by the Reference Court.
7. By placing reliance upon decisions in Sharda Devi vs. State
of Bihar and another, (2003) 3 SCC 128; Collector of Bombay vs.
Nusserwanji Rattanji Mistri and others, AIR 1955 SC 298;
G.H.Grant (Dr) vs. State of Vihar, AIR 1966 SC 237; decisions in
6. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 6 of 10
R.F.A. No. 70/1989, Raj Kumar & Ors. vs. Union of India,
rendered on 21st
December, 2001; Vithal Yeshwant Jathar vs.
Shikandarkhan Makhtumkhan Sardesai, AIR 1963 SC 385;
Kachrulal Hiralal Dhoot vs. The Gurudwara Board Nanded and
others, AIR 1979 Bombay 31 and Sivayogeswara Cotton Press,
Devangere and others vs. M.Panchaksharappa and another, AIR
1962 SC 413, it was vehemently contended that the State does not
acquire its own land and if Government itself has interest in the
land then, it acquires other interests thereupon and the
compensation awarded has been determined in respect of leasehold
rights only and not of ownership rights of the Lessor/appellant.
According to learned counsel for contesting respondents, reliance
placed upon decision in Inder Parshad (supra) by appellant is of no
avail and that the State is not a „person interested‟ as defined in
Section 3(b) of the Land Acquisition Act, 1894. It is contended on
behalf of contesting respondents that there is no question of grant
of any compensation awarded to the appellant.
8. Infact, attention of this Court was drawn by respondents’
counsel to paragraphs no.: 4 to 6 and 8 of the decision in Inder
Parshad (supra) to highlight that unless sum total of interest held
by Lessor and Lessee in the land is acquired, the compensation
payable is towards the leasehold interest and the Lessor in case of
leasehold properties is entitled to claim land revenue etc. only,
which has been already granted to appellant in the impugned order
by arriving at the capitalized value of the rent while computing it
7. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 7 of 10
for a period of twenty years. Dismissal of these appeals is sought
by learned counsel for contesting respondents by implicitly relying
upon the nature of the lease in question being permanent and
because the acquisition was in respect of leasehold rights only.
9. The contentions advanced by the respective parties and the
decisions cited have been pondered over and the impugned
judgment as well as the material on record has been perused.
Thereupon, it transpires that though the Notification acquiring the
subject land was in respect of leasehold rights only but, infact
perusal of the Award of Land Acquisition Collector reveals that the
determination of compensation is on the basis of market value of
the subject land. This makes all the difference. That is to say, the
ratio of decisions relied upon by learned counsel for contesting
respondents could have really applied, had the assessment of
compensation been actually in respect of leasehold rights only in
the subject land.
10. Since the determination of compensation in respect of
subject land is at the market value of land in question, therefore the
ratio of decisions of Apex Court in Inder Parshad (supra) and Brij
Behari Sahai (supra) squarely applies. The pertinent observations
made by Apex Court in Inder Parshad (supra) are as under:-
“But on the facts in this case, it is seen that since the
Land Acquisition Collector had determined the
compensation of the sum total of the interests held by
the lessor and the lessee in the land under acquisition
8. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 8 of 10
but being not able to decide on the apportionment of
such compensation between Government and the
appellant reference was made to the civil court to
determine the apportionment. The civil court decided
by its award that apportionment of compensation fixed
in the award of the Land Acquisition Collector
between the lessee-claimant and the Government-
landlord shall be in order of 67 per cent and 33 per
cent. The High Court by its judgment and decree
under the present appeal has modified the
apportionment of compensation payable for land as
75 per cent for the lessee and 25 per cent for the
lessor.”
11. It would be worthwhile to quote relevant paragraph no. 20
and 21 of Apex Court decision in Brij Behari Sahai (supra) which
reads as under:-
“20. The claim on behalf of the appellants that the
entire compensation determined was only in respect of
the totality of the rights held by the appellants as
lessees and not of the whole inclusive of the rights and
interests of the Government also, though appears to
be attractive, does not appeal to us for acceptance.
Though as a matter of principle of law, the
Government while invoking the provisions of the Land
Acquisition Act for acquiring a land in which the
Government also had some or other of the interest,
need not go for acquiring their interest as well as
what is permissible as well as obligated for
acquisition is only such of the private interest of third
parties other than that of the Government, the Land
9. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 9 of 10
Acquisition Officer in this case has chosen to, while
determining the market value, indisputably proceed to
determine for the whole of it and only as a
consequence thereof has chosen to apportion
compensation between the Government and the
claimants at the rate of 10 annas : 6 annas
respectively. Though the Reference Court, during the
course of its judgment, adverts to the principles
relating to the need or desirability of acquiring land
of only private parties other than that of the
Government under the Land Acquisition Act, has
ultimately chosen to adopt only the standard rate of
market value determined by the Land Acquisition
Officer. Consequently, niceties of language apart and
the purported endeavour attempted to have been made
by the Reference Court, we are constrained to hold
that the actual market value determined was that of
the acquired properties as a whole and consequently,
the need for apportionment would inevitably arise.
21. Applying the ratio of the decision of this Court
reported in Inder Parshad case the fixation of
apportionment in the ratio of 75% in favour of the
claimants and 25% in favour of the State would be just
and reasonable. The ratio fixed therein seems to us to
be more appropriate on the facts of these cases, than
the one approved in A.Ajit Singh case. Having regard
to the fact that the Government‟s interest has been
fixed at the proportion of 25%, there is no further
need or justification to direct the capitalization of the
ground rent for further being deducted or directed to
be paid by the claimants either from the compensation
amount or otherwise, separately.”
10. R.F.A. No. 838/2002, 305/2007, 324/2003, 83/2007, 328 & 329/2003 Page 10 of 10
12. Reference Court in the impugned judgment though had taken
a note of the Apex Court decision in Inder Parshad (supra) but has
failed to apply its ratio by distinguishing it and has misapplied the
ratio of Apex Court decisions in Sharda Devi (supra); Vithal
Yeshwant Jathar (supra) and Cotton Press (supra) while missing
out the vital distinction of actual basis of the compensation
assessed which undisputedly is at the market rate of the subject
land and is certainly not on the basis of leasehold rights only in the
acquired land. Therefore, the contentions advanced by learned
counsel for contesting respondents and the reasoning in the
impugned order does not hold good.
13. In the aforesaid view, the impugned judgment is clearly
unsustainable and is thus set aside and the above captioned appeals
are allowed. Resultantly, appellant shall get 25% of the
compensation awarded and rest of the 75% compensation awarded
shall go to the respondents.
14. The above captioned appeals are accordingly disposed of
while leaving the parties to bear their own costs.
(SUNIL GAUR)
Judge
January 04, 2013
pkb