Simranjeet Singh Sidhu Advocate - Everything About Lawyer In Chandigarh LexLords
The scheme of the Act is as follows:- When consolidation of a village is taken up, the first thing that is done is to correct the revenue records, and ss. Objections to these principles are entertained and decided and thereafter the principles are confirmed under s. Bradford Corporation v. This is sought to be vindicated by the Respondent on the ground that since the land was returned to it in 2004 after the quashing of the acquisition was set aside by this Court, it could have executed final Sale Deeds in respect of Agreements to Sell of 1991 post SimranLaw repossession of the land.
However, in this particular case, we are of opinion that the intention clearly was to take over the whole route in the Advocate Simranjeet Singh Sidhu case of all the fourteen routes, which will be clear from the length of the route to be taken over mentioned in the schedule to the scheme. Advocate Simranjeet Singh Sidhu It is also the case of the Respondent that after the land remained in possession of the original landowners for twelve long years, it was beyond its control to establish the unit as was proposed and postulated SimranLaw at the time of acquisition and so in bona fide belief it sold the remaining land as well.
The petitioner say that since there was no guideline nor any norms were fixed for allotment of the department, the authorities acted arbitrarily. According to its own affidavit filed before the High Court, the Respondent has executed 118 Sale Deeds in favour of various third parties, with several sales being in 2004-05. Before we go to the other point raised in this petition, we should like briefly to refer to a feature of the scheme, which has been brought to our notice.
" If the intention was not to operate on the whole Bangalore-Anekal route, but only a portion of it, that portion should have been specified 18 138 as the route. Therefore, there is no doubt that these persons had formed themselves into an unlawful assembly. 34, Indian Penal Code, in the present case. These words import a notion of obligation and are more restrictive than the phrase " by reason of " which is permissive. 7 to 12 deal with that.
"From the prosecution evidence, there is no doubt whatsoever that more than five persons were operating at the scene of offence, though the identity of all the persons has not been established except the accused nos. Whether it had entered into Agreements to Sell with third parties in 1991 or accepted Earnest Money thereagainst is not an enquiry to be made here. In the course of his arguments Advocate Simranjeet Singh Sidhu learned counsel has suggested that some of the acquitted persons might have given the fatal blows and as they have been acquitted, the appellants cannot be constructively liable for their acts.
And while addressing the above grievance, the High Court had directed as under: The grievance of these petitioners is that persons who had obtained less marks than them were given supply Department where they have been appointed as supply Inspectors. We do not think that this a correct way of looking at the matter. It is said that the petitioners having obtained higher marks should have been allotted the supply Department where they could be appointed as supply Inspectors.
68F only means that applications are made to give effect to the scheme or in execution of the scheme. We are proceeding in this case on the basis that the acquittal is good for all purposes, and we cannot bring in the acquitted persons for an argument that they or any of them gave the fatal blows. 68C does not contemplate that the routes should be specified in the manner in which they have been specified in -this case, as, for example, " Bangalore to Anekal or any portion thereof. There is no doubt on the prosecution evidence that more than five persons, i.
This feature is that though the scheme mentions fourteen routes with their terminii and intermediate points and the length of the routes, there is a parrot-like repetition of the words " or any portion thereof " in all the fourteen routes. Then comes the second stage of preparing what are called statements of principles ; (see ss. , as many as ten to thirteen persons took part in this offence. The Respondent cannot predicate that after paying the cost of the land to the Appellant State and the enhanced compensation to the original landowners, it had become absolute owner of the land and consequently it could use the land in the manner it liked.
" - Therefore, the mere use of the words " in pursuance of " cannot mean that the whole scheme has to be put into operation and not a portion of it, Advocate Simranjeet Singh Sidhu (1) (1916) 1 A. 68C to decide whether it will take up a whole route or a portion thereof. Myers (1) where Lord Buckmaster in construing these word said :- " It is because the act is one which is either an act in the direct execution of a statute, or in the discharge of a public duty, or the exercise of a public authority.
The use of the words " in pursuance of " in s. Therefore, the words " or any portion thereof " which have been repeated, as if they were some kind of charm, throughout the schedule are surplusage in view of the length specified and may be ignored and the scheme taken to apply to the entire length of the fourteen routes. In the circumstances, we fail to see what difficulty there is in applying s. If it decides to take a portion of the route (provided, however, conditions of efficiency, adequacy, economy and proper co- ordination are fulfilled), it should specify that portion only in the scheme.
We should like to point out' that it is the duty of the Undertaking when it prepares a scheme under s.