The document is a court judgment from the Gauhati High Court regarding a public interest litigation (PIL) petition filed by Debabrata Saikia concerning evictions of approximately 700 families in the Sipajhar area of Assam for an agro farm project. The court heard from the petitioner's counsel and the government counsel. While it will not interfere with the cabinet decision for the project, it notes around 600 families have already been resettled but around 100 families remain without rehabilitation. The court orders these 100 families to apply to the Deputy Commissioner within 6 months for land allotment, who must pass individual reasoned orders on each application.
The petitioner challenged a Foreigners Tribunal opinion declaring him a foreigner. The Tribunal had rejected key evidence like voter lists showing the petitioner (Exhibits 6-7), finding inconsistencies. However, the High Court found the Tribunal's appreciation of Exhibits 6-7 to be perverse, as Tribunals have relaxed evidentiary standards compared to courts. The opinion was set aside and the matter remanded for fresh consideration of Exhibits 6-7. The petitioner was also ordered to be produced before the Tribunal on a date for a bail application to be considered, with the proceeding to conclude within 60 days.
This document discusses a legal case in the Supreme Court of India regarding whether a 'protected tenant' under the Maharashtra Rent Control Act can be considered a lessee, and if the SARFAESI Act overrides the Rent Control Act. It provides background on the relevant laws - the Rent Control Act, which consolidated rent laws in Maharashtra; and the SARFAESI Act, which allows banks to recover possession of secured assets. It summarizes the facts of the case, where a bank sought possession of a property used as collateral for a loan, affecting the appellant tenant. The court must determine the interplay between the two laws and the rights of protected tenants.
The document is an application for intervention filed by Citizens for Justice and Peace (CJP) in the Supreme Court of India regarding the National Register of Citizens (NRC) in Assam. Some key points:
- CJP works on citizenship rights issues in Assam and assisted thousands of people with the NRC process through a helpline.
- The court had directed the NRC coordinator to seek clarity on issues related to descendants of declared foreigners.
- CJP files this application in a representative capacity, citing its extensive work assisting marginalized groups with the NRC, to draw the court's attention to critical issues regarding exclusions from the final NRC list.
The court ordered the State Government to reconstitute the committee established to examine the problems faced by the Van Gujjar tribal community. The original committee was found to be inadequate as it did not include key authorities like the District Magistrate and Principal Secretary of Social Welfare Department as members. The reconstituted committee must include these authorities and consult the petitioner organization. It must meet monthly and submit a report within 3 months with recommendations on providing legal rights and addressing difficulties for the Van Gujjar community.
The court ordered the State Government to reconstitute the committee established to examine the problems faced by the Van Gujjar tribal community. The original committee was found to be inadequate as it did not include key authorities like the District Magistrate and Principal Secretary of Social Welfare Department as members. The reconstituted committee must include these authorities and consult the petitioner organization. It must meet monthly and submit a report within 3 months on the six points mandated for examination, including potential legal rights and rehabilitation of the Van Gujjar community.
Pending court case is not a bar for land tax payment Solve your land problems in Kerala - we provide Legal support, assistance and monitoring of your complaints in Bhoomi tharam mattom, nilam , purayidom , thottam ,michabhoomi issues, 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 9447464502. Service available all over Kerala
The Supreme Court struck down Section 87 of the Arbitration and Conciliation Act 1996, which allowed for an automatic stay on arbitral awards from proceedings that began before October 23, 2015 upon the filing of a Section 34 challenge. The Court held that this denied companies the opportunity to pay creditors from arbitral awards and was manifestly arbitrary and violated Article 14 of the Indian Constitution.
This document is a judgment from the High Court of Gujarat regarding several civil applications related to a public interest litigation concerning the implementation of guidelines on slaughterhouses and meat shops. The issue centers around balancing the right of meat vendors to do business and concerns over food safety and public health. The court heard arguments from the applicants seeking to reopen chicken and mutton shops that were closed, as well as the state government respondents. The judgment provides background on the related public interest litigation regarding compliance with laws on animal welfare, environment, and food safety by slaughterhouses and meat sellers. It notes the Supreme Court's prior orders in the case directing implementation of guidelines and formation of oversight committees.
The petitioner challenged a Foreigners Tribunal opinion declaring him a foreigner. The Tribunal had rejected key evidence like voter lists showing the petitioner (Exhibits 6-7), finding inconsistencies. However, the High Court found the Tribunal's appreciation of Exhibits 6-7 to be perverse, as Tribunals have relaxed evidentiary standards compared to courts. The opinion was set aside and the matter remanded for fresh consideration of Exhibits 6-7. The petitioner was also ordered to be produced before the Tribunal on a date for a bail application to be considered, with the proceeding to conclude within 60 days.
This document discusses a legal case in the Supreme Court of India regarding whether a 'protected tenant' under the Maharashtra Rent Control Act can be considered a lessee, and if the SARFAESI Act overrides the Rent Control Act. It provides background on the relevant laws - the Rent Control Act, which consolidated rent laws in Maharashtra; and the SARFAESI Act, which allows banks to recover possession of secured assets. It summarizes the facts of the case, where a bank sought possession of a property used as collateral for a loan, affecting the appellant tenant. The court must determine the interplay between the two laws and the rights of protected tenants.
The document is an application for intervention filed by Citizens for Justice and Peace (CJP) in the Supreme Court of India regarding the National Register of Citizens (NRC) in Assam. Some key points:
- CJP works on citizenship rights issues in Assam and assisted thousands of people with the NRC process through a helpline.
- The court had directed the NRC coordinator to seek clarity on issues related to descendants of declared foreigners.
- CJP files this application in a representative capacity, citing its extensive work assisting marginalized groups with the NRC, to draw the court's attention to critical issues regarding exclusions from the final NRC list.
The court ordered the State Government to reconstitute the committee established to examine the problems faced by the Van Gujjar tribal community. The original committee was found to be inadequate as it did not include key authorities like the District Magistrate and Principal Secretary of Social Welfare Department as members. The reconstituted committee must include these authorities and consult the petitioner organization. It must meet monthly and submit a report within 3 months with recommendations on providing legal rights and addressing difficulties for the Van Gujjar community.
The court ordered the State Government to reconstitute the committee established to examine the problems faced by the Van Gujjar tribal community. The original committee was found to be inadequate as it did not include key authorities like the District Magistrate and Principal Secretary of Social Welfare Department as members. The reconstituted committee must include these authorities and consult the petitioner organization. It must meet monthly and submit a report within 3 months on the six points mandated for examination, including potential legal rights and rehabilitation of the Van Gujjar community.
Pending court case is not a bar for land tax payment Solve your land problems in Kerala - we provide Legal support, assistance and monitoring of your complaints in Bhoomi tharam mattom, nilam , purayidom , thottam ,michabhoomi issues, 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 9447464502. Service available all over Kerala
The Supreme Court struck down Section 87 of the Arbitration and Conciliation Act 1996, which allowed for an automatic stay on arbitral awards from proceedings that began before October 23, 2015 upon the filing of a Section 34 challenge. The Court held that this denied companies the opportunity to pay creditors from arbitral awards and was manifestly arbitrary and violated Article 14 of the Indian Constitution.
This document is a judgment from the High Court of Gujarat regarding several civil applications related to a public interest litigation concerning the implementation of guidelines on slaughterhouses and meat shops. The issue centers around balancing the right of meat vendors to do business and concerns over food safety and public health. The court heard arguments from the applicants seeking to reopen chicken and mutton shops that were closed, as well as the state government respondents. The judgment provides background on the related public interest litigation regarding compliance with laws on animal welfare, environment, and food safety by slaughterhouses and meat sellers. It notes the Supreme Court's prior orders in the case directing implementation of guidelines and formation of oversight committees.
This document is an application filed in the Supreme Court of India seeking directions regarding the National Register of Citizens (NRC) in Assam. It summarizes the work done by the applicant organization Citizens for Justice and Peace in assisting over 9,500 distressed individuals calling their helpline regarding the NRC. As part of this work, they compiled lists of over 200 individuals who were excluded from the final NRC list despite their family members being included. They also identified 61 children who were excluded even though their parents and relatives were included in the NRC. Through this application, they are bringing these unreasonable exclusions to the attention of the Supreme Court and seeking appropriate directions.
This document is an application filed in the Supreme Court of India seeking directions regarding the National Register of Citizens (NRC) in Assam. It summarizes the work done by the applicant organization Citizens for Justice and Peace in assisting over 9,500 distressed individuals calling their helpline regarding the NRC. As an annexure, it provides a sample list of around 200 individuals who were assisted. It highlights how the final NRC list has unreasonably excluded children even when their parents are included in the list, violating the principle of family unification. It briefly discusses the history of citizenship provisions in India to provide context to the issues around the NRC. The applicant seeks the court's attention to address the unreasonable exclusion of vulnerable sections like
The document is a court judgment regarding a civil revision application filed by two forest officers challenging a lower court order rejecting their application to dismiss a suit filed by a Buddhist monk. The monk has claimed rights over a plot of forest land under the Scheduled Tribes and Other Traditional Forest Dwellers Act and filed various claims over the years. The forest officers argued the suit should be dismissed as the monk is an encroacher, but the high court upheld the lower court's order, noting the monk's claims are still pending and as such eviction cannot be carried out until the claims are decided as per state government directives.
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 Supreme Court of India case involved an appeal regarding the illegal encroachment and construction on village common land recorded as a pond in Rohar Jagir village, Patiala, Punjab. The Supreme Court upheld the High Court's dismissal of the appeal, finding that the appellants were trespassers who illegally occupied the land using money and political influence. The Court ordered the appellants to remove their constructions and return possession of the land to the Gram Panchayat, stating that regularization of such illegalities on village common land would not be permitted.
The Supreme Court of India heard a case regarding the illegal encroachment of common village land recorded as a pond in Rohar Jagir village, Punjab by unauthorized occupants. The Court dismissed the occupants' appeal and ordered their evictions and restoration of the land to the Gram Panchayat. Additionally, the Court directed all State governments to prepare schemes to evict illegal occupants of common village lands and restore such lands to villages for common use, with exceptions in limited cases. The Court will continue monitoring implementation and States must submit compliance reports.
This document summarizes three connected habeas corpus petitions filed by Parvez, Irfan, and Rahamtullah challenging their detention under the National Security Act, 1980. According to the document:
- Parvez, Irfan, and Rahamtullah were arrested for allegedly cutting and selling beef in violation of cow slaughter laws, which disturbed public order.
- The District Magistrate of Sitapur ordered their detention under the National Security Act, citing the likelihood they would be released on bail and continue disturbing public order related to cow slaughter issues.
- The petitioners argue there was no evidence they would threaten public order and their detention violated their fundamental rights. They have petitioned for their release and to qu
Gauhati HC checks legality of ED summons to Assam newspapersabrangsabrang
This order summarizes and addresses a writ petition filed by Jayanta Baruah challenging two notices issued by the Central Bureau of Investigation summoning him to appear as a witness in an ongoing investigation. The court notes the petitioner's objections to the notices and details provided about restrictions on movement in Assam. While the notices were issued under a provision allowing for summons of witnesses, the court finds issues with the short notice periods provided, lack of information on what testimony is sought and from what documents, and timing of the notices in the context of petitioner's journalism work. The court orders the prayer regarding one notice to be disregarded as not pressed, and reserves orders on the other prayers.
The High Court of Gujarat quashed four detention orders issued by the District Magistrate of Amreli under the Gujarat Prevention of Anti Social Activities Act against four petitioners for allegedly being "property grabbers". The Court found that the detaining authority erred in treating the petitioners' activities as prejudicial to public order, as it was a private property dispute. The Court also noted that the justification provided by the state for issuing the detention orders - that the petitioners would continue illegal activities with advocate help - was untenable. The rule was made absolute and the detention orders were quashed.
The Hon'ble Supreme Court of India has passed interim order in the matter of W.P.(C) 109 of 2008 on 13th and 28th February 2019. This presentation highlights various aspects of the order.
The document is an order from the Gauhati High Court regarding a writ petition filed by Asor Uddin challenging a ex-parte order from the Foreigners' Tribunal declaring him to be a foreigner. The High Court allowed the petition, set aside the ex-parte order, and remanded the matter back to the Foreigners' Tribunal for fresh proceedings. However, the petitioner was ordered to remain on bail, appear before the Superintendent of Police, and the Foreigners' Tribunal by certain dates or the ex-parte order would be revived.
This document is a Supreme Court decision regarding a dispute over whether the Governor of Cebu province, Gwendolyn Garcia, needed authorization from the provincial Sangguniang Panlalawigan before entering into contracts committing provincial funds. The Court summarizes that the province was operating under a reenacted 2003 budget in 2004 when Garcia entered into the disputed contracts. The Court also notes disagreements between the parties over the facts of the case. Ultimately, the Court rules that Section 22(c) of the Local Government Code requires prior Sanggunian authorization for contracts entered into by the local chief executive, and that the cited exceptions do not apply in this case under a reenacted budget.
This document summarizes a court case between Tiger and Terrain Trust and the Government of India regarding residents of Village Surma located within Dudhwa National Park. The court recognized the forest rights of the villagers under the Scheduled Tribes and Other Traditional Forest Dwellers Act and stated that if authorities find the villagers engaging in illegal activities like poaching, they can take action. The court ordered the petitioner to submit a complaint to the competent authority regarding any violations and for the authority to take action or provide a reasoned order within 2 months. The review application to recall an earlier dismissal order was also allowed.
The Gauhati High Court heard a PIL regarding the condition of sex workers in Assam during the COVID-19 pandemic. Many sex workers are facing starvation due to the difficult circumstances. The Court directed the Deputy Commissioner of Cachar district and District Legal Services Authority to immediately provide ration to identified sex workers and their families in Cachar. The Court also impleaded the Union Ministry of Women and Child Development and National AIDS Control Organization as respondents. It directed the respondents to inform how relief will be provided to sex workers across Assam and how they will be identified. The matter was adjourned to June 1st for further updates.
1. The revenue filed a miscellaneous application seeking review of the tribunal's order from 2007 regarding tax assessments for the years 1998-1999 and 1999-2000 for a cooperative society.
2. The revenue argued that the cooperative society had misrepresented facts before the tribunal regarding its membership. However, the tribunal found that the revenue's application did not point to any specific errors in the 2007 order and merely cited observations from a different case.
3. As the application did not fall under the provisions allowing rectification of obvious mistakes, the tribunal dismissed the revenue's miscellaneous application.
1. The document discusses the process of transfer of registry (land records) according to the Transfer of Registry Rules 1966. It outlines the key responsibilities of village officers in conducting the transfer of registry or "pokkuvaravu" process.
2. A pokkuvaravu is done to determine the landholder responsible for paying land tax and can be initiated by an application, request from the sub-registrar's office, or sua sponte by the village officer. It seeks to match legal ownership with possession but does not determine legal title.
3. The document provides guidance on conducting the pokkuvaravu process, including timelines, authority levels, documentation requirements, and situations where
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
1) The petitioner challenged a Foreigners Tribunal order declaring her a foreigner.
2) The Court remanded the case back to the Foreigners Tribunal for reconsideration, noting communication issues with the petitioner's counsel resulted in her missing hearings.
3) The Court will allow the petitioner to appear before the Tribunal again to prove her citizenship, as this is an important right that should be decided on the merits rather than by default.
4) The impugned Foreigners Tribunal order declaring the petitioner a foreigner is set aside, and she must appear before the Tribunal within one month to prove she is an Indian citizen.
The document discusses the complex legal issues surrounding organ donation and transplantation in India. It outlines the national legal framework established by the Transplantation of Human Organ Act (THOA) 1994 and the Transplant of Human Organs and Tissue Rules of 2014. However, implementation of these acts varies between states due to different state domicile and residency rules. This divides India into 28 different regions and limits organ access for many groups. The document also notes issues with the lack of a centralized organ sharing portal in Gujarat and inconsistencies between state and national allocation guidelines.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
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.
This document is an application filed in the Supreme Court of India seeking directions regarding the National Register of Citizens (NRC) in Assam. It summarizes the work done by the applicant organization Citizens for Justice and Peace in assisting over 9,500 distressed individuals calling their helpline regarding the NRC. As part of this work, they compiled lists of over 200 individuals who were excluded from the final NRC list despite their family members being included. They also identified 61 children who were excluded even though their parents and relatives were included in the NRC. Through this application, they are bringing these unreasonable exclusions to the attention of the Supreme Court and seeking appropriate directions.
This document is an application filed in the Supreme Court of India seeking directions regarding the National Register of Citizens (NRC) in Assam. It summarizes the work done by the applicant organization Citizens for Justice and Peace in assisting over 9,500 distressed individuals calling their helpline regarding the NRC. As an annexure, it provides a sample list of around 200 individuals who were assisted. It highlights how the final NRC list has unreasonably excluded children even when their parents are included in the list, violating the principle of family unification. It briefly discusses the history of citizenship provisions in India to provide context to the issues around the NRC. The applicant seeks the court's attention to address the unreasonable exclusion of vulnerable sections like
The document is a court judgment regarding a civil revision application filed by two forest officers challenging a lower court order rejecting their application to dismiss a suit filed by a Buddhist monk. The monk has claimed rights over a plot of forest land under the Scheduled Tribes and Other Traditional Forest Dwellers Act and filed various claims over the years. The forest officers argued the suit should be dismissed as the monk is an encroacher, but the high court upheld the lower court's order, noting the monk's claims are still pending and as such eviction cannot be carried out until the claims are decided as per state government directives.
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 Supreme Court of India case involved an appeal regarding the illegal encroachment and construction on village common land recorded as a pond in Rohar Jagir village, Patiala, Punjab. The Supreme Court upheld the High Court's dismissal of the appeal, finding that the appellants were trespassers who illegally occupied the land using money and political influence. The Court ordered the appellants to remove their constructions and return possession of the land to the Gram Panchayat, stating that regularization of such illegalities on village common land would not be permitted.
The Supreme Court of India heard a case regarding the illegal encroachment of common village land recorded as a pond in Rohar Jagir village, Punjab by unauthorized occupants. The Court dismissed the occupants' appeal and ordered their evictions and restoration of the land to the Gram Panchayat. Additionally, the Court directed all State governments to prepare schemes to evict illegal occupants of common village lands and restore such lands to villages for common use, with exceptions in limited cases. The Court will continue monitoring implementation and States must submit compliance reports.
This document summarizes three connected habeas corpus petitions filed by Parvez, Irfan, and Rahamtullah challenging their detention under the National Security Act, 1980. According to the document:
- Parvez, Irfan, and Rahamtullah were arrested for allegedly cutting and selling beef in violation of cow slaughter laws, which disturbed public order.
- The District Magistrate of Sitapur ordered their detention under the National Security Act, citing the likelihood they would be released on bail and continue disturbing public order related to cow slaughter issues.
- The petitioners argue there was no evidence they would threaten public order and their detention violated their fundamental rights. They have petitioned for their release and to qu
Gauhati HC checks legality of ED summons to Assam newspapersabrangsabrang
This order summarizes and addresses a writ petition filed by Jayanta Baruah challenging two notices issued by the Central Bureau of Investigation summoning him to appear as a witness in an ongoing investigation. The court notes the petitioner's objections to the notices and details provided about restrictions on movement in Assam. While the notices were issued under a provision allowing for summons of witnesses, the court finds issues with the short notice periods provided, lack of information on what testimony is sought and from what documents, and timing of the notices in the context of petitioner's journalism work. The court orders the prayer regarding one notice to be disregarded as not pressed, and reserves orders on the other prayers.
The High Court of Gujarat quashed four detention orders issued by the District Magistrate of Amreli under the Gujarat Prevention of Anti Social Activities Act against four petitioners for allegedly being "property grabbers". The Court found that the detaining authority erred in treating the petitioners' activities as prejudicial to public order, as it was a private property dispute. The Court also noted that the justification provided by the state for issuing the detention orders - that the petitioners would continue illegal activities with advocate help - was untenable. The rule was made absolute and the detention orders were quashed.
The Hon'ble Supreme Court of India has passed interim order in the matter of W.P.(C) 109 of 2008 on 13th and 28th February 2019. This presentation highlights various aspects of the order.
The document is an order from the Gauhati High Court regarding a writ petition filed by Asor Uddin challenging a ex-parte order from the Foreigners' Tribunal declaring him to be a foreigner. The High Court allowed the petition, set aside the ex-parte order, and remanded the matter back to the Foreigners' Tribunal for fresh proceedings. However, the petitioner was ordered to remain on bail, appear before the Superintendent of Police, and the Foreigners' Tribunal by certain dates or the ex-parte order would be revived.
This document is a Supreme Court decision regarding a dispute over whether the Governor of Cebu province, Gwendolyn Garcia, needed authorization from the provincial Sangguniang Panlalawigan before entering into contracts committing provincial funds. The Court summarizes that the province was operating under a reenacted 2003 budget in 2004 when Garcia entered into the disputed contracts. The Court also notes disagreements between the parties over the facts of the case. Ultimately, the Court rules that Section 22(c) of the Local Government Code requires prior Sanggunian authorization for contracts entered into by the local chief executive, and that the cited exceptions do not apply in this case under a reenacted budget.
This document summarizes a court case between Tiger and Terrain Trust and the Government of India regarding residents of Village Surma located within Dudhwa National Park. The court recognized the forest rights of the villagers under the Scheduled Tribes and Other Traditional Forest Dwellers Act and stated that if authorities find the villagers engaging in illegal activities like poaching, they can take action. The court ordered the petitioner to submit a complaint to the competent authority regarding any violations and for the authority to take action or provide a reasoned order within 2 months. The review application to recall an earlier dismissal order was also allowed.
The Gauhati High Court heard a PIL regarding the condition of sex workers in Assam during the COVID-19 pandemic. Many sex workers are facing starvation due to the difficult circumstances. The Court directed the Deputy Commissioner of Cachar district and District Legal Services Authority to immediately provide ration to identified sex workers and their families in Cachar. The Court also impleaded the Union Ministry of Women and Child Development and National AIDS Control Organization as respondents. It directed the respondents to inform how relief will be provided to sex workers across Assam and how they will be identified. The matter was adjourned to June 1st for further updates.
1. The revenue filed a miscellaneous application seeking review of the tribunal's order from 2007 regarding tax assessments for the years 1998-1999 and 1999-2000 for a cooperative society.
2. The revenue argued that the cooperative society had misrepresented facts before the tribunal regarding its membership. However, the tribunal found that the revenue's application did not point to any specific errors in the 2007 order and merely cited observations from a different case.
3. As the application did not fall under the provisions allowing rectification of obvious mistakes, the tribunal dismissed the revenue's miscellaneous application.
1. The document discusses the process of transfer of registry (land records) according to the Transfer of Registry Rules 1966. It outlines the key responsibilities of village officers in conducting the transfer of registry or "pokkuvaravu" process.
2. A pokkuvaravu is done to determine the landholder responsible for paying land tax and can be initiated by an application, request from the sub-registrar's office, or sua sponte by the village officer. It seeks to match legal ownership with possession but does not determine legal title.
3. The document provides guidance on conducting the pokkuvaravu process, including timelines, authority levels, documentation requirements, and situations where
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
1) The petitioner challenged a Foreigners Tribunal order declaring her a foreigner.
2) The Court remanded the case back to the Foreigners Tribunal for reconsideration, noting communication issues with the petitioner's counsel resulted in her missing hearings.
3) The Court will allow the petitioner to appear before the Tribunal again to prove her citizenship, as this is an important right that should be decided on the merits rather than by default.
4) The impugned Foreigners Tribunal order declaring the petitioner a foreigner is set aside, and she must appear before the Tribunal within one month to prove she is an Indian citizen.
The document discusses the complex legal issues surrounding organ donation and transplantation in India. It outlines the national legal framework established by the Transplantation of Human Organ Act (THOA) 1994 and the Transplant of Human Organs and Tissue Rules of 2014. However, implementation of these acts varies between states due to different state domicile and residency rules. This divides India into 28 different regions and limits organ access for many groups. The document also notes issues with the lack of a centralized organ sharing portal in Gujarat and inconsistencies between state and national allocation guidelines.
Similar to Guahati HC 2023-01-26T104604.842.pdf (20)
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
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.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
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GAHC010164912021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/65/2021
DEBABRATA SAIKIA
S/O. LT. HITESWAR SAIKIA, MLA HOSTEL QUARTER NO.6, DISPUR,
GUWAHATI, ASSAM-781006.
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REP. BY ITS COMMISSIONER AND SECY., GOVT. OF ASSAM, REVENUE
DEPTT., DISPUR, GUWAHATI, ASSAM-781006.
2:THE STATE OF ASSAM
REP. BY ITS COMM. AND SECRETARY
GOVT. OF ASSAM
HOME AND POLITICAL DEPTT.
DISPUR
GUWAHATI
ASSAM-781006.
3:THE DEPUTY COMMISSIONER
DARRANG
MANGALDOI
ASSAM-784125.
4:THE SUPDT. OF POLICE
DARRANG
MANGALDOI
ASSAM-784125.
5:THE ADDL. DEPUTY COMMISSIONER (REVENUE)
DARRANG
MANGALDOI
ASSAM-784125.
2. Page No.# 2/8
6:THE CRIMINAL INVESTIGATION DEPTT. (CID)
ASSAM
83A
BARTHAKUR MILL RD.
SOUTH SARANIA
ULUBARI
GUWAHATI
ASSAM-781007.
7:FLOOD AND RIVER EROSION MANAGEMENT AGENCY OF ASSAM
4TH FLOOR
NAYANTARA BUILDING
ANANDA NAGAR
SIX MILE
GUWAHATI
ASSAM-781022.
8:THE CIRCLE OFFICER
SIPAJHAR REVENUE CIRCLE
SIPAJHAR
DIST. DARRANG
ASSAM
PIN-784145
Advocate for the Petitioner : MR Z HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
Date : 24-01-2023
JUDGMENT & ORDER (ORAL)
(A.M. Bujor Barua, J)
Heard Mr. S A Barbhuyan, learned counsel for the petitioner and Mr. J
Handique, learned counsel for the respondents in the Revenue and Disaster
Management Department, Government of Assam.
2. The petitioner Sri Debabrata Saikia in paragraph 2 of the public interest
litigation (in short PIL) petition states that he has been a Member of the
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Legislative Assembly of Assam from No. 104 Nazira Legislative Assembly
Constituency since the year 2011 and is also the Leader of the Opposition in the
Assembly and that the petitioner has been espousing social and public causes
and has also served as the President of the Youth for Social Welfare, which is a
leading NGO in Assam working to create awareness on health, environment and
social issues and helping those who are below the poverty line as well as
PROBAAH, which is a grassroot level NGO assisting self-help groups in capacity
building.
3. In this PIL petition, the petitioner is concerned with certain evictions in
respect of the land bearing Dag No. 2 (Pt) and Dag No. 3 (Pt) of village Dhalpur
No. 1 and village Dhalpur No. 3 in the Sipajhar Mouza of Sipajhar Revenue
Circle in the Darrang district.
4. Without going into various submissions made in the PIL petition as regards
the entitlement of the persons who are affected by the evictions and are
represented by the petitioner, we take note of the prayers made in this PIL
petition, which are extracted as below:-
“1) to issue a writ of certiorari or a writ, order or direction of a similar
nature, calling for the original records and quashing of the aforesaid
Cabinet Decision or such other cabinet decision regarding setting up of
agro farm/model project in Sipajhar, Assam;
2) to issue a writ of mandamus or a writ, order or direction of a
similar nature to direct respondents to adhere to and grant compensation
to project affected families in accordance with the National Rehabilitation
and Resettlement Policy, 2007 (F No. 26011/4/2007-LRD) dated
31.10.2007 and State of Assam’s Updated Resettlement Framework
being followed by the Flood and River Erosion Management Agency of
Assam(FREMAA) as well The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013;
3) to issue a writ of prohibition to restrain the respondents from
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taking any steps pursuant to the decision of Cabinet to set up agro farm
in Sipajhar, Darrang, Assam including to evict any project affected
persons/ families in Dholpur village in the Darrang district, Assam.
4) to direct respondents authorities to conduct meaningful
consultation with the evicted persons and formulate schemes for their
rehabilitation, resettlement and compensation in a time-bound manner
and with reference to The Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Rules 2015, and in
consonance with the well-established principles of law laid down by the
High Courts and Supreme Court,
5) to direct respondent authorities to consider application on behalf
of the evicted persons for allotment and settlement of the said land in
terms specified by the Assam Land and Revenue Regulation, 1886 and
the Rules framed there under and land policies formulated time to time
for allotment/ settlement of land to the landless and to exercise
discretion judiciously and in good faith while considering such
applications,
6) to direct respondents authorities to set up a Revenue Circle Level
Committee for the Sipajhar Revenue Circle under the 2020 “Chief
Minister’s Special Scheme for Rehabilitation of Erosion Affected Families
in Assam” and evaluate individual claims on behalf of the evicted persons
under the said Scheme,
7) to direct respondent authorities to conduct a detailed Social
Impact Assessment in terms provided by The Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 read with The Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Rules 2015, and
ascertain, inter alia, number of affected families, Impact on livelihood,
settlements etc and thereafter submit the Social Impact Assessment
report for consideration of this Hon’ble Court,
8) to direct Respondent No.6 to conduct a fair and independent
investigation in a time bound manner, under the scrutiny of this Hon’ble
Court, into the deaths of Maynal Haque and Sheikh Farid and injuries
caused to several other persons and register a First Information Report
in respect of prima facie commission of cognizable offences by the police
officers, under the Indian Penal Code and applicable laws,
9) to direct Respondent No.6 to continually apprise this Hon’ble
Court of the investigation undertaken in respect of commission of alleged
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offences,
10) to direct that a magisterial inquiry under Section 176 of the Cr.
P.C is conducted in the deaths of Maynal Haque and Sheikh Farid and
report therefore is sent to the Judicial Magistrate having jurisdiction over
the Sipajhar area under Section 190 Cr.P.C.
11) to direct the respondents authorities to pay compensation to the
families of the deceased persons for egregious violation of their
fundamental rights under Articles 14, 19 and 21 of the Indian
Constitution, by the respondent authorities
12) to direct respondent No.1 to conduct mandatory Social Impact
Assessment and follow the principles of The Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 and the settled principles of law, in letter and in spirit, in
respect of evictions sought to be carried out in the State of Assam,
and/or pass such further or other order/ orders as Your Lordships may
deem fit and proper in the interest of justice.”
5. A reading of prayer No.1 and prayer No. 3 make it discernible that the
petitioner intends to assail certain Cabinet decision of the Government of Assam
regarding setting up of an agro farm/model project at Sipajhar in the Darrang
district of Assam. Prayer No. 2 makes it discernible that in respect of those
people who may be evicted pursuant to the aforesaid process, certain
compensation be granted in accordance with the National Rehabilitation and
Resettlement Policy, 2007 as well as the updated Resettlement Framework being
followed by the Flood and River Erosion Management Agency of Assam
(FREMAA). A part of the prayer No. 2 and the prayer No. 4 make it discernible
that the petitioner also seeks for compensation under the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (in short Act of 2013) and Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules,
2015 (in short Rules of 2015). Prayer No. 5 seeks for a consideration of the
application on behalf of the people who are evicted for allotment and settlement
6. Page No.# 6/8
of land under the Assam Land and Revenue Regulation 1886 as well as the Land
Policies formulated from time to time, whereas the prayer No. 6 again pertains
to certain claims under the 2020 Chief Minister’s special scheme for
rehabilitation of erosion affected people of Assam.
6. After hearing the learned counsel for the parties, what is discernible is that
approximately 700 families were evicted from their respective lands and that in
respect of the land from which the evictions were made, there is also a Cabinet
decision to set up an agro farm/model project in the Sipajhar area of Darrang
district of Assam. After perusal of the PIL petition as well as hearing the learned
counsel for the petitioner, no material nor any ground could be pointed out to
enable the Court to arrive at any such conclusion so as to interfere with a
Cabinet decision of the Government of Assam to set up an agro farm/model
project at Sipajhar.
7. Circumstances under which an interference of a Cabinet decision can be
made is circumscribed and it cannot be that a Cabinet decision would be
interfered for an oblique purpose of seeking certain rehabilitation which may be
required pursuant to any such eviction or displacement that may take place
while implementing such Cabinet decision.
8. From such point of view, we look into the other prayers of the petitioner
i.e. for payment of appropriate compensation under the Right to Fair
Compensation and Transparency in land Acquisition, Rehabilitation and
Resettlement Act, 2013 as well as the Right to Fair Compensation and
Transparency in land Acquisition and Rehabilitation and Resettlement Rules,
2015.
9. We have taken note of a statement made by Mr. J Handique, learned
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counsel for the Revenue and Disaster Management Department of the
Government of Assam from the records and information provided to him by the
departmental officials that approximately about 700 families were affected in the
eviction that had been carried forward pursuant to the aforesaid Cabinet
decision that may have been taken. A further statement is made upon
information being provided by the departmental officials that in the meantime
about 600 families have already been resettled by giving alternative plots of
land. What remains is that the balance of about approximately 100 families has
not been provided with the adequate rehabilitation.
10. In this respect, Mr. J Handique, learned counsel for the Revenue and
Disaster Management Department makes a statement that out of such families,
some families may have other alternative land elsewhere, but were occupying
land from which they were evicted and may have gone back to their original
land or are presently not available before the revenue authorities for examining
their claim.
11. As 600 families have already been rehabilitated out of the approximately
700 families who were evicted, we are of the view that no further consideration
is required in this PIL petition other than in respect of those balance
approximately 100 families who according to the learned counsel for the
petitioner are yet to be rehabilitated, which is also an admitted position of the
respondents in the Revenue and Disaster Management Department.
12. Here again, a further consideration would be whether such people had
any alternative land or they are landless people or whether actually they are in
requirement of any rehabilitation by allotment of alternative land.
13. In the circumstance, we require such other families from the balance of
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approximately 100 families who are said to have not been rehabilitated to make
their individual applications before the Deputy Commissioner, Darrang providing
in detail all materials that may support their claim for allotment of any
alternative land for the purpose of rehabilitation. We further provide that in the
event any such application is made, the Deputy Commissioner shall pass
individual reasoned orders within a period of six months from the date of receipt
of such applications from the individual applicants. In doing so, the Deputy
Commissioner shall also give the individual applicants an opportunity of hearing
and also allow them to produce any relevant materials that they may intend to
rely upon to substantiate their claim for allotment of land for the purpose of
rehabilitation.
14. By requiring the Deputy Commissioner to pass individual reasoned orders
on any such individual applications of the applicants, we clarify that we are not
expressing any view that such applicants are entitled to allotment of any such
land or that they are not entitled to any such allotment and it is for the Deputy
Commissioner to pass its own reasoned orders on the individual facts and
circumstance of each of the applications.
15. In view of the subsequent circumstance as indicated above, we are of the
view that no further adjudication is required in the claim made in this PIL
petition and accordingly the PIL petition stands closed.
JUDGE JUDGE
Comparing Assistant