6 years, 1 month ago

Conflicting Judgments On S.24 of Land Acquisition Act: CJI Agrees To Consider To Set Up Constitution Bench Soon

Live Law

Chief Justice Ranjan Gogoi on Wednesday assured that he shall consider the setting up of a constitution bench to deliberate on the interpretation of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013. Further, notice was taken of the order dated December 7, 2017 in Indore Development Authority v. Shailendra, wherein the question that whether by virtue of the provisions contained in section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the proceedings lapsed on non deposit of compensation in the Court was sought to be referred to a larger bench. In 2014, a three-Judge bench interpreted this provision in Pune Municipal Corporation v Harakchand Misirimal Solanki, to mean that acquisition proceedings initiated under the 1894 Act five years prior to the coming into force of the 2013 Act would lapse if the acquired land was not taken possession of by the State, or compensation was not paid to the displaced farmers. The Arun Mishra-Adarsh Kumar Goel-Mohan M.Shantanagoudar bench, on February 8, in Indore Development Authority v Shailendra Through LRS & Ors, held that this ruling in Pune Municipal Corporation because it held that the landholder, cannot take advantage of his own wrong, by refusing to take the compensation under the old Act, in order to make it lapse, so that he could get the benefit of higher compensation under the 2013 Act.

Justice Judgment Compensation Court Land Acquisition Constitution Bench Cases Land Acquisition Pune Hearing Act Set Municipal Consider Rohatgi Section 24 Pune Municipal Corporation Rehabilitation And Resettlement Act Indore Development Authority Kumar Goel Indore Development judgments consider cases s24 conflicting acquisition compensation cji constitution bench judgment hearing municipal pune soon act land justice set

History of this topic

3 weeks, 3 days ago

HC declines to stay single judge order letting Kerala govt. acquire land from estates for landslide survivors

The Hindu

A Division Bench of the High Court on Thursday declined to stay a single judge’s verdict allowing the State government to take over land from the estates of Harrisons Malayalam Ltd. and Elstone Tea Estates Ltd. for establishing new townships for landslide survivors in Wayanad. The Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu also adjourned to March …

10 months, 1 week ago

'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment

Live Law

The Supreme Court on May 16 recalled an earlier judgment passed it in 2022 after noting that a precedent laid down by the Constitution Bench was not applied in it.Reiterating the position of law laid down by the Five Judge Constitution Bench in Bhagat Ram & others vs. State of Punjab & others, the Court observed that if there exists …

1 year ago

Shiv Sena row | Supreme Court asks whether Maharashtra Speaker contradicted verdict

The Hindu

The Supreme Court on March 7 asked whether Maharashtra Speaker Rahul Narwekar “contradicted” a Constitution Bench judgment to bank on ‘legislative majority’ as a criterion to declare Chief Minister Eknath Shinde’s faction as the “real” Shiv Sena. “The Speaker says the ‘real’ political party is discernible from which faction held the legislative majority at the time of the emergence of …

1 year, 4 months ago

Actor Pooja Bhatt’s land | Madras High Court asks Nilgiris administration for status report on resuming property

The Hindu

The Madras High Court has called for a status report from the Nilgiris district administration with respect to the steps initiated by it to resume 26.12 cents of land in Jagadha village, Kotagiri Taluk from film producer and actor Pooja Bhatt. Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy called for the status report due to conflicting claims …

1 year, 8 months ago

HC Reserves Verdict in Land Encroachment Cases

Deccan Chronicle

HYDERABAD: Justice B. Vijaysen Reddy of the Telangana High Court on Monday reserved his verdict on regularisation of an encroached land parcel. Do not regularise houses on graveyard: HC Justice B. Vijaysen Reddy of the Telangana High Court on Monday directed the revenue department not to proceed with regularising illegally constructed dwelling houses in Afzalsagar. The bench of Justice Abhinand …

1 year, 10 months ago

Maharashtra political crisis verdict today: Supreme Court to decide on questions of law

India Today

A Constitution bench headed by the Chief Justice of India, DY Chandrachud, will deliver its crucial verdict today in the pleas pertaining to the Maharashtra political crisis. The judgement will decide the fate of the Eknath Shinde government in Maharashtra and also of the ousted Shiv Sena leader Udhhav Thackrey while answering some important questions of law. Whether a notice …

1 year, 10 months ago

Supreme Court Weekly Round Up (24th April to 30th April 2023)

Live Law

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersS.17 Registration Act | High Court Cannot Exercise Writ Jurisdiction To Alter Or Amend Registered Lease Deed: Supreme Court The Supreme Court …

1 year, 11 months ago

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court

Live Law

The Supreme Court set aside an order passed by the Delhi High Court which held that since the compensation was not paid to the landowners, the acquisition of the land in question was lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While relying upon the judgment …

2 years ago

MP Nagar Tatha Gram Nivesh Adhiniyam - Scheme Will Not Lapse Merely Because It Was Not Completed Within 3 Years Despite Substantial Steps : Supreme Court

Live Law

The Supreme Court of India recently set aside the judgments of the Madhya Pradesh High Court which held the acquisition proceedings initiated by the Indore Development Authority and the State of Madhya Pradesh for a residential scheme as lapsed. 97 as illegal and invalid and quashed and set aside the entire acquisition proceedings under the 1894 Act on three grounds: …

2 years ago

Supreme Court forms special bench to hear plea seeking land for lawyers' chambers

India Today

Days after the verbal spat between the Chief Justice of India DY Chandrachud and Supreme Court Bar Association President Vikas Singh in open court over listing of the case pertaining to the land allotment for chambers for lawyers, a special three-judge bench has been constituted to hear the matter in detail on Friday. The Executive Committee of the Supreme Court …

2 years ago

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

Live Law

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule …

2 years, 2 months ago

Supreme Court Bench Delivers Split Verdict In Civil Appeal From Specific Performance Suit

Live Law

The Supreme Court bench comprising Justices MR Shah and BV Nagarathna delivered a split verdict in a civil appeal arising out of a suit seeking specific performance of an agreement of sale. Without upsetting the findings recorded by the trial Court on execution of agreement to sell dated 7.8.2005; payment of part sale consideration and the other issues held in …

2 years, 2 months ago

Eknath Shinde Vs Uddhav Thackeray: SC To Hear Pleas Of Shiv Sena Factions On Feb 14

ABP News

The Supreme Court on Tuesday said that it will commence hearing on February 14 on pleas related to the Maharashtra political crisis triggered by the Shiv Sena's division. A five-judge constitution bench headed by Chief Justice DY Chandrachud was told by senior advocate Kapil Sibal, appearing for the Uddhav Thackeray Shiv Sena, that he will seek reference of the cases …

2 years, 2 months ago

Constitution Bench to hear Shiv Sena factional dispute on February 14

The Hindu

A five-judge Bench of the Supreme Court on Tuesday, January 10, 2023, said it will start hearing from February 14 the political battle between Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde over the “real” Shiv Sena. Lawyers had argued that the three-judge Bench raised “important constitutional questions relating to interpretation of Schedule 10 of the Constitution pertaining to disqualification, …

2 years, 4 months ago

SC to have specialsed benches to deal with criminal, tax, land issues, MACT matters

Firstpost

Chief Justice of India DY Chandrachud announced on Wednesday when an advocate mentioned his matter relating to land acquisition for an urgent hearing New Delhi: The Supreme Court will have four special benches to conduct proceedings in issues relating to criminal matters, direct and indirect tax matters, land acquisition matters and motor accidents claims tribunal. “The Supreme Court will have …

2 years, 7 months ago

'Nabam Rebia Decision's Reasoning Prima Facie Contradictory' : Read Issues Referred To Supreme Court Constitution Bench In Shiv Sena Dispute

Live Law

The Supreme Court bench comprising Chief Justice N.V. Ramana, Justice Hima Kohli and Justice Krishna Murari has referred the dispute between Uddhav Thackeray and Eknath Shinde factions of Shiv Sena to be decided by a Constitution Bench. The bench was hearing the following petitions related to the crisis: Petition preferred by rebel Shiv Sena leader Eknath Shinde challenging the disqualification …

2 years, 9 months ago

SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’

Hindustan Times

Land chunks described in the revenue records as shamilat deh and wrongly partitioned and alienated would now be restored to gram panchayats in Haryana following an April 7 Supreme Court judgment. An SC bench comprising Justice Hemant Gupta and Justice V Ramasubramanian in its landmark April 7 judgment had ruled that the village common land can neither be repartitioned among …

3 years, 1 month ago

Reservation In Promotion: Plea In Supreme Court Seeks Review Of Declaration That M Nagaraj Judgment Will Have Only Prospective Effect

Live Law

Two individual employees belonging respectively to Madhya Pradesh and Indian Railways have filed a review petition against the Top Court's judgment delivered in Jarnail Singh's case with regards to the prospective effect of its 2006 judgment in M. Nagaraj & Ors. Making the principles laid down in M. Nagaraj effective from the year 1995 would be detrimental to the interests …

3 years, 9 months ago

Relief To Navneet Kaur Rana MP As Supreme Court Stays HC Judgment Which Cancelled Her Caste Certificate

Live Law

In a relief to MP Navneet Kaur Rana, the Supreme Court on Tuesday stayed the Bombay High Court judgment which had set aside her caste certificate.Since she had won from a seat reserved for the Scheduled Castes, the High Court judgment could have affected her election to the Parliament. In a relief to MP Navneet Kaur Rana, the Supreme Court …

3 years, 10 months ago

BREAKING : Supreme Court To Pronounce Judgment In Pleas Challenging Maratha Quota Tomorrow

Live Law

A Constitution Bench of the Supreme Court will pronounce judgement tomorrow in a batch of pleas challenging the Maharashtra SEBC Act, 2018, which provides for reservation for Marathas in jobs and education.A 5-Judge Bench comprising Justices Ashok Bhushan, L. Nageswara Rao, S. Abdul Nazeer, Hemant Gupta and S. Ravindra Bhat had reserved judgment in the case on March 26 after …

4 years ago

[Ward Reservations in Goa Municipal Councils] Supreme Court Stays Bombay HC Judgment And SEC's New Notification

Live Law

The Supreme Court on Thursday stayed the Bombay High Court judgment setting aside a notification issued by the Director and ex-officio Additional Secretary / Urban Development, Goa reserving wards in Goa Municipal Councils. A Bench of Justice Rohinton Fali Nariman and Justice Hrishikesh Roy also stayed the new notification issued by Goa Election Commission pursuant to Judgment. In the petition, …

4 years, 2 months ago

Amaravati land scam ex-Andhra HC judge files personal affidavit in Supreme Court

Hindustan Times

A former Andhra Pradesh high court judge has filed a personal affidavit in the Supreme Court to admit that he was “trying to collect more evidence” on the alleged involvement of the daughters of a sitting top court judge in the Amaravati land scam. Justice V Eswaraiah has filed his personal affidavit as part of his appeal against the Andhra …

4 years, 2 months ago

Supreme Court to deliver judgment today on pleas seeking review of verdict upholding Aadhaar validity

Firstpost

New Delhi: The Supreme Court is scheduled to pronounce on Monday its verdict on pleas seeking review of a verdict upholding the Centre’s flagship Aadhaar scheme as constitutionally valid but striking down some of its provisions, including its linking with bank accounts, mobile phones and school admissions. A five-judge Constitution bench headed by then Chief Justice Dipak Misra held that …

4 years, 2 months ago

Supreme Court Constitution Bench Judgments Of 2020

Live Law

There were 11 Constitution Bench judgments/orders of the Supreme Court in 2020. The bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose observed that the power of Medical Council of India Act is referable to Entry 66, List 1, which is a limited source of power to lay down standards. This Court sees no reason …

4 years, 5 months ago

Some Clarity Needed on Larger Bench Verdict, Says SC on Land Acquisition Matter

News 18

The Supreme Court Monday said some clarity was required on a judgement delivered by its five-judge constitution bench on the issue of land acquisition and payment of fair compensation as it creates some confusion. A five-judge bench of the apex court had on March 6 this year delivered a verdict and held that disputes over land acquisition and payment of …

4 years, 5 months ago

[Land Acquisition] "The Constitution Bench Judgment Left Some Questions Unsaid, Requires Examination": CJI SA Bobde

Live Law

The Supreme Court on Monday orally remarked that the Constitutional Bench judgment on Land Acquisition left certain questions unsaid and required examination.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun said that there were some questions which were required to be discussed and some aspects were left. The Supreme Court on Monday orally remarked that the …

4 years, 6 months ago

The Constitution Bench Judgment In Mukesh Singh - A Sensible Retreat from Automatic Bias

Live Law

On 31.08.2020, a Constitution Bench of the Supreme Court delivered its unanimous verdict in Mukesh Singh v. State. A key reason for the Three Justices' Bench choosing the automatic bias rule was its mistaken finding that the existing legal position required accused persons to "demonstrate prejudice" and "bias be actually proved". A closer look at the older case law would …

4 years, 8 months ago

Coordinating Judgements: Ensuring Certainty In The Law

Live Law

Introduction On 19th June, a 3-judge bench of the Supreme Court headed by Justice Ashok Bhushan pronounced judgement in S. Kasi v. State through the Inspector of Police. The dissenting opinion of Justice Shantanagoudar expressed disagreement with the judgement in PMC but, did not go as far as to hold it to be per incuriam and stated that the only …

4 years, 11 months ago

Section 24(2) Of The LARR Act, 2013- Quietus On The Interpretation

Live Law

It is known that with the coming into effect of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 on 01/01/2014, came a controversial provision, i.e., Section 24 of the LARR Act, 2013. 8453/2017 directed: "Taking all this into consideration, we are of the opinion that it would be appropriate if in the interim and …

5 years ago

SC on Article 370 abrogation: Apex court says 'five-judge bench competent to hear case', turns down pleas to move matter to larger bench

Firstpost

A number of petitions have been filed in the apex court against the abrogation of Article 370 including those of private individuals, lawyers, activists and political parties and they have also challenged the Jammu and Kashmir Reorganisation Act, 2019. @utkarsh_aanand with details pic.twitter.com/5O4D4iKqDT — News18 March 2, 2020 NGO People’s Union of Civil Liberties, Jammu and Kashmir High Court Bar …

5 years, 1 month ago

Chandrashekhar Azad Files Review Against SC Verdict On Reservation In Promotions [Read Petition]

Live Law

Bhim Army Chief Chandrashekhar Azad on Tuesday filed a review petition in the Supreme Court against its February 7 verdict which held that there was no fundamental right to claim reservation in promotions.The petition stated that the verdict suffered from "error apparent on record" as it violated the principles of equality in opportunities under Articles 16 and 16 of the …

5 years, 3 months ago

Breaking: SC To Consider Ayodhya Review Petitions Tomorrow

Live Law

Supreme Court's Constitution Bench will conduct in-chamber proceedings tomorrow at 1.40pm for a total of 18 review petitions against its November 9 judgment awarding the disputed land in Ayodhya to Hindu parties while directing 5 acres of land to be ordered to the Muslim side as compensation.The Bench will comprise of CJI SA Bobde, J DY Chandrachud, J Ashok Bhushan, …

5 years, 3 months ago

[Land Acquisition] Indore Development Authority Judgment Is Per incuriam: Sidharth Luthra Tells SC [Read Written Submissions]

Live Law

On Thursday, Senior Advocate Siddharth Luthra raised, before the five-judge bench to which the interpretation of section 24 of the 2013 Land Acquisition Act has been entrusted, the issue of a three-judge bench in its 2018 ruling in Indore Development Authority regarding as per incuriam another three-judge decision in Pune Municipal Corporation. Another five-judge bench's opinion in the Dawoodi Bohra …

5 years, 4 months ago

The judiciary: Credibility concerns

The Hindu

ON the face of it, the controversy over Justice Arun Mishra’s refusal to recuse himself from the Constitution Bench of the Supreme Court in Indore Development Authority vs Manohar Lal and Others appears to be just a legal quibble over how to interpret a clause in a law that deals with the award of compensation to those whose lands have …

5 years, 4 months ago

SC Constitution Bench Begins Hearing On Interpretation Of Section 24 Of New Land Acquisition Act

Live Law

A Constitution Bench of the Supreme Court of India, comprising of Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, and S. Ravindra Bhat has commenced hearing the matters relating to the interpretation of Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Referring to the Proviso to section 24 of the 2013. …

5 years, 5 months ago

SC Constitution Bench Reserves Orders On Plea For Recusal Of Justice Arun Mishra From Land Acquisition Matters

Live Law

The Constitution Bench of the Supreme Court on Wednesday reserved orders on the plea for recusal of Justice Arun Mishra from hearing the matters related to interpretation of Section 24 of the Right to Fair Compensation, Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013.The bench said that it will pronounce orders on October 23.This was after a day …

5 years, 5 months ago

Farmers Association Takes Objection To Justice Arun Mishra Heading Constitution Bench For Land Acquisition Matters

Live Law

The All India Farmer Association has written a letter, dated October 14, to the Chief Justice of India, Ranjan Gogoi, requesting that the newly constituted Constitution Bench, headed by Justice Arun Mishra, may not hear the matters regarding the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,. The All …

6 years, 1 month ago

Ram Janmabhoomi-Babri Dispute: Centre Moves SC Seeking Permission To Restore Non-Disputed Land In Ayodhya

Live Law

In a massive development in the Ram Janmabhoomi-Babri Masjid case, the Central government has filed an application in the Supreme Court, seeking permission to restore "surplus", "undisputed" land around Babri to Ram Janambhumi Trust. "However, at a later stage when the exact area acquired which is needed", for achieving the professed purpose of acquisition, can be determined, it would not …

6 years, 4 months ago

Judge’s Housing: Bombay HC Directs Registry To Take Options From Judges As Per Seniority, Asks State To Formulate A Scheme [Read Judgment]

Live Law

The Bombay High Court on Monday passed an 18-page judgment in a criminal public interest litigation filed by former journalist Ketan Tirodkar in 2017.Tirodkar had challenged the allotment of a plot of land in Andheri, Mumbai, given to the Surbhi Co-operative Housing Society formed by 39 judges of the high court. The Bombay High Court on Monday passed an 18-page …

6 years, 5 months ago

Dipak Misra's final week as CJI: From Aadhaar to Sabarimala, key judgments that he was a part of in the past week

Firstpost

Ahead of Misra’s final day as the head of the judiciary of India, here’s a look at the key important judgments pronounced since Monday by the Supreme Court. In a 4:1 majority verdict, the five-judge constitution bench headed by Misra said that banning the entry of women into the shrine is gender discrimination and the practice violates the fundamental rights …

6 years, 5 months ago

SC refuses to refer to seven-judge Bench its verdict on SC/ST quota for job promotion

The Hindu

A Constitution Bench of the Supreme Court on Wednesday modified a 2006 judgment requiring the State to show quantifiable data to prove the “backwardness” of a Scheduled Caste/Scheduled Tribe community in order to provide quota in promotion in public employment. The 58-page judgment by a five-judge Bench led by Chief Justice of India Dipak Misra gives a huge fillip for …

6 years, 5 months ago

Reservation In Promotions : SC To Pronounce Verdict On Reconsideration Of Nagraj Case Tomorrow

Live Law

The Supreme Court will pronounce its judgment on the question whether its 2006 decision in M. Nagaraj requires reconsideration by a larger bench. The judgment is authored by Justice R F Nariman.In the 2006 judgment, the Apex Court had held that it is not mandatory for the State to make reservations for SC/ST in matter of promotions. Accordingly, a Constitution …

6 years, 6 months ago

Litigant, Who Refused Services Of Senior Lawyer And Insisted To Argue In Person In Tamil, Finally Loses Legal Battle In SC [Read Judgment]

Live Law

The bench passed reasoned judgment dismissing the appeal after considering the written submissions filed by her.Ponnayal and her mother had approached the Supreme Court by filing Special Leave Petitions against the high court order that had affirmed the dismissal of their suit for partition by the trial court.This SLP was filed through an Advocate-on-Record. The bench passed reasoned judgment dismissing …

6 years, 6 months ago

Litigant, Who Refused Services Of Senior Lawyer And Insisted To Argue In Person In Tamil, Finally Loses Legal Battle In SC [Read Judgment]

Live Law

6 years, 6 months ago

Delhi HC Rejects Pleas Of Sonia Gandhi, Rahul Gandhi, Oscar Fernandez Against I-T Reassessment Notices [Read Order]

Live Law

“The writ petitions have to fail. It is, however, clarified that the observations with regard to the parties’ contentions is not conclusive and were recorded for the purpose of disposing of these petitions; the assessees’ rights to urge them are reserved in the income tax proceedings.”The Delhi High Court on Monday dismissed the challenge against reassessment notices issued by the. …

6 years, 6 months ago

Plea Against Change Of Bench : SC Requests NGT Chairman To Allocate The Case To The Same Bench For Rehearing

Live Law

In a unique order, the Supreme Court has requested National Green Tribunal Chairman to allocate a case to the same bench which earlier heard and reserved judgement on it.The order was passed in an appeal filed by an NGO, 'Citizens for Doon' and few other local residents, who alleged unfairness and lack of propriety on the part of NGT in …

6 years, 8 months ago

Supreme Court constitution bench to revisit 12-yr-old verdict on SC/ST quota in government jobs on 3 August

Firstpost

The Supreme Court on Wednesday refused to pass any interim order against its 12-year-old verdict that had dealt with the application of the ‘creamy layer’ for reservations to SC and ST categories in government job promotions New Delhi: The Supreme Court on Wednesday refused to pass any interim order against its 12-year-old verdict that had dealt with the application of …

6 years, 8 months ago

Maharashtra Govt. To Pay Mukul Rohatgi Rs. 1.21 Crore Fee For Judge Loya Case: RTI Response

Live Law

The Maharashtra Government has sanctioned the payment of Rs. 1.21 crore to Senior Counsel Mukul Rohatgi for representing the State before the Supreme Court in the petitions seeking independent probe into CBI Special Judge Brijgopal Harkishan Loya’s death.Mr. 1.21 crore to Senior Counsel Mukul Rohatgi for representing the State before the Supreme Court in the petitions seeking independent probe into …

6 years, 8 months ago

SC Constitution Bench Judgment In Kejriwal Govt Vs Lt Governor Power Tussle Tomorrow

Live Law

Seven months after reserving judgment, a five-judge constitution bench of the Supreme Court headed by Chief Justice Dipak Misra will at 10:30 AM tomorrow deliver the much-awaited verdict on who between them wields the superior power of administration and governance over the National Capital- Kejriwal-led government or the Centre through Lt Governor.The Judgment was reserved on December. Seven months after …

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