State of Rajasthan Vs Ashok Kumar Kashyap Supreme - 13/04/2021 (A) Code of Criminal Procedure, 1973, Section 227, Section 228, Section 239 - Discharge - Framing of charge - When accused shall be discharged (B) Prevention of Corruption Act, 1947, Section 7 - Accused person to be competent witness
6.1 It is submitted that the High Court has failed to appreciate that at
the stage of framing of charge and/or consideration of an application for
discharge, the Court is to consider whether there is any prima facie case
made out against the accused or not and at that stage the Court is
required to evaluate the material and documents relied on by the
prosecution only with a view to find out whether the facts emerging
therefrom, if taken at their face value, disclose the existence of all the
ingredients constituting the alleged offence or not.
6.2 It is submitted that in the present case the High Court has
committed a grave error in evaluating the transcript/evidence on merits
which at the stage of considering the application for discharge is not
permissible.
6.3 It is further submitted by the learned Advocate appearing on behalf
of the State that in the present case even otherwise from the transcript
recording the conversation between the complainant and the accused a
case of demand of illegal gratification has been made out. In view of the above and for the reasons stated above, the
impugned judgment and order passed by the High Court discharging the
accused under Section 7 of the PC Act is unsustainable in law and the
same deserves to be quashed and set aside and is accordingly hereby
quashed and set aside and the order passed by the learned Special
Judge framing charge against the accused under Section 7 of the PC
Act is hereby restored. Now the case is to be tried against the accused
by the competent court for the offence under Section 7 of the PC Act, in
accordance with law and its own merits.
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A.R. MADANA GOPAL ETC.ETC. Vs M/S RAMNATH PUBLICATIONS PVT. LTD. AND ANR. Supreme - 09/04/2021 (A) Income Tax Act, 1961, Section 230-A, Section 230-A, Section 230-A, Section 230-A - (B) Specific Relief Act, 1963, Section 10-A |
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RAM KISHAN Vs STATE OF RAJASTHAN & ORS. Supreme - 09/04/2021 (A) Code of Criminal Procedure, 1973, Section 482, Section 173 - Saving of inherent powers of High Court - Report of police officer on completion of Investigation (B) Indian Penal Code, 1860, Section 332, Section 353 - Voluntarily causing hurt to deter public servant from his duty. - Assault or criminal force to deter public servant from discharge of his duty Briefly stated, the facts of this case are that the appellant, who
is a Police Constable, along with a Sub Inspector of Police and
another Constable, were checking the vehicles passing by on the
road in the evening on 21.07.2006, when at about 09:15 pm, one
motorcycle was stopped, and when the rider (Deepak Gupta) was
asked about the papers of the vehicle, instead of showing the
papers, on the pretext of talking over mobile phone, he fled away
and returned after about 20 minutes along with two ladies in one
Maruti Car, one of whom was the respondent no.3Ms.
Ratna Gupta
and the other was respondent no.2Ms.
Usha Gupta. the matter has been pending for about
a decade and a half, we direct that the investigation be concluded
as expeditiously as possible.
With the aforesaid observations, this appeal stands allowed.
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Sudesh Kedia Vs Union of India Supreme - 09/04/2021 (A) Code of Criminal Procedure, 1973, Section 164 - Recording of confessions and statements (B) Indian Penal Code, 1860, Section 120B, Section 386, Section 414, Section 384, Section 387 - Punishment of criminal conspiracy - Extortion by putting a person in fear of death or of grievous hurt - Assisting in concealment of stolen property - Punishment for extortion - Putting person in fear of death or of grievous hurt in order to commit extortion (C) Arms Act, 1959, Section 35, Section 26, Section 25(1B)(a) - Criminal responsibility of persons in occupation of premises incertain cases - Secret contraventions - Punishment for certain offences (D) Unlawful Activities (Prevention) Act, 1967, Section 21, Section 18, Section 17, Section 43-D(5) - Punishment for holding proceeds of terrorism - Punishment for conspiracy, etc.. - Punishment for raising fund for terrorist act (E) National Investigation Agency Act, 2008, Section 6, Section 8 |
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M/s Acquainted Realtors LLP etc. etc. Vs State of Haryana & Others Supreme - 08/04/2021 (A) Land Acquisition Act, 1894, Section 4, Section 6 - Publication of preliminary notification and powers of officers thereupon. - Declaration that land is required for a public purpose |
VED & ANR. Vs STATE OF HARYANA & ANR. Supreme - 08/04/2021 (A) Land Acquisition Act, 1894, Section 4, Section 6,Section 17(2)(c)-- Publication of preliminary notification and powers of officers thereupon. Declaration that land is required for a public purpose - Special powers In cases of urgency - whereas the appeals of the landowners for further enhancement and cross-objections for enhancement which are filed are dismissed and the awards passed by the Reference Courts are, accordingly, modified.
(i) The market value of the land falling in two villages, namely, Naurangpur and Lakhnoula is assessed @ Rs.48,46,000/- per acre alongwith all statutory benefits on 17.09.2004.
(ii) For the land falling in villages Nawada Fatehpur, Naharpur Kasan and Shikohpur, the market value is fixed @ Rs.43,61,400/- per acre along with all statutory benefits on 17.09.2004.
(iii) The directions of the Apex Court in the case of Pran Sukh, (2010) 11 SCC 175 (supra) will also be adhered to while disbursing the balance amount of compensation.
(iv) Where appeals have been filed by the land owners which were beyond period of limitation and applications have been filed for condoning the delay with a condition that the land owners will not be entitled for the interest during the said period, the Executive Court shall ensure that the amounts are calculated and disbursed, keeping in the view the said condition which have been passed in the case of each individual land owner.It is true that the process of determining the value by annual increase was considered as one of the alternatives in Wazir and Another vs. State of Haryana, (2019) 13 SCC 101. But in that case, three methods including one relating to cumulative annual increase were considered and that method which led to the highest valuation was adopted. But the law laid down in ONGC Ltd., (2008) 14 SCC 745 is quite clear.
In case we go by the method of cumulative annual increase it would mean that cumulative increase over the valuation in Wazir and Another vs. State of Haryana, (2019) 13 SCC 101 must displace the valuation based on Sale Deed, which is normally the safest method.
In the circumstances, the decision of the High Court which is presently under appeal calls for no interference and these appeals are dismissed without any order as to costs.
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