Petrol pump can't replace park
An urban site earmarked for civic amenities like public park or playground cannot be changed and given to run a petrol pump in a crowded residential area, the Supreme Court stated while dismissing the appeal of Bharat Petroleum Corporation Ltd (BPCL) against a judgment of the Karnataka High Court. The high court had quashed allotment of a site in Bangalore for a BPCL outlet allowing a public interest petition by some residents. The government company appealed to the Supreme Court arguing, among other things, that petrol pump is a civic amenity, according to a notification. The Supreme Court rejected all the arguments and said that the state law did not allow the Bangalore Development Authority to convert areas reserved for civic amenities for activities which did not fall within the definition of civic amenities.
National Consumer Commission powers
Once the finding of facts by a district consumer forum is accepted by the National Commission, it cannot change the order of compensation, the Supreme Court stated in the appeal Momna vs regional manager. In this case, a handicapped woman bought a three-wheeler which continually broke down despite repairs to the chassis. The district forum asked the manufacturer to replace the vehicle. On appeal, the national commission changed the order to replacing the chassis only. The Supreme Court ruled that the national commission transgressed its jurisdiction.
Article referred: http://www.business-standard.com/article/opinion/liquidator-barred-from-selling-plot-113120800762_1.html
An urban site earmarked for civic amenities like public park or playground cannot be changed and given to run a petrol pump in a crowded residential area, the Supreme Court stated while dismissing the appeal of Bharat Petroleum Corporation Ltd (BPCL) against a judgment of the Karnataka High Court. The high court had quashed allotment of a site in Bangalore for a BPCL outlet allowing a public interest petition by some residents. The government company appealed to the Supreme Court arguing, among other things, that petrol pump is a civic amenity, according to a notification. The Supreme Court rejected all the arguments and said that the state law did not allow the Bangalore Development Authority to convert areas reserved for civic amenities for activities which did not fall within the definition of civic amenities.
National Consumer Commission powers
Once the finding of facts by a district consumer forum is accepted by the National Commission, it cannot change the order of compensation, the Supreme Court stated in the appeal Momna vs regional manager. In this case, a handicapped woman bought a three-wheeler which continually broke down despite repairs to the chassis. The district forum asked the manufacturer to replace the vehicle. On appeal, the national commission changed the order to replacing the chassis only. The Supreme Court ruled that the national commission transgressed its jurisdiction.
Article referred: http://www.business-standard.com/article/opinion/liquidator-barred-from-selling-plot-113120800762_1.html
Police can’t take photographs of accused, Madras high court
Police cannot take photographs of undertrial prisoners and accused without permission from the magistrate concerned, the Madras high court has said.
"Police have no authority to do it on their own," a division bench comprising Justice S Rajeswaran and Justice PN Prakash said while dismissing the appeal filed by Lieutenant Colonel (retired) K Ramaraj against his conviction and sentence in the July 3, 2011 Dilson murder case.
Delving deeper into the issue, which concerns privacy of an individual as well as the danger it poses to the evidentiary value during trial, the judges said the source of police power to take photographs of an accused flows from Section 5 of the Identification of Prisoners Act, 1920.
An accused could be photographed only as per specific orders from the jurisdictional magistrate who would specify the time, place and measurement of such photographs, the judges said.
However, in order to avoid impersonation, the judges suggested the investigating agencies must take photographs of accused in serious cases by invoking Section 5 of the Act, that too after completion of the identification parade. "This will ensure that the state has record of persons, and the mischief of impersonation can also be controlled," they said.
Article referred: http://articles.timesofindia.indiatimes.com/2013-12-13/india/45160931_1_judges-madras-high-court-cooum-river
Reinstatement as an employee as a matter of right
An employee, sacked following disciplinary action, cannot seek reinstatement as a 'matter of right' even if a trial court acquits him in a criminal case based on the charges similar to the departmental inquiry, the Supreme Court has ruled in the case State of West Bengal & Ors vs Sankar Ghosh. "There is no rule of automatic reinstatement on acquittal by a criminal court even though the charges levelled against the delinquent before the inquiry officer as well as the criminal court are the same," it said. The apex court further added that Ghosh could not provide "any rule or regulation applicable to police force stating that once an employee has been acquitted by a criminal court, as a matter of right, he should be reinstated in service despite all the disciplinary proceedings."
Ghosh, working as a sepoy in the Kolkata Armed Police, was arrested for his complicity in the commission of a dacoity. The Disciplinary Authority terminated him after enquiry proved him guilty. While the trial court acquitted all the accused, both the West Bengal Administrative Tribunal and the Calcutta HC asked the Kolkata police to reinstate the sacked cop. The state government appealed to the Supreme Court, saying that the cop was not honourably acquitted by the criminal court as the acquittal was by way of giving benefit of doubt since the accused persons could not be identified during the parade.
Article referred: http://www.indianexpress.com/news/no-reinstatement-after-acquittal/1205949/
Defects in the panchnama do not invalidate the search
MDLR Resorts Pvt. Ltd vs. CIT (Delhi High Court)
S. 132: Copy of search warrant should be given to the searched person. Defects in the panchnama do not invalidate the search or the s. 153A assessment proceedings
S. 153A(1) does not make any reference to panchnama or the date of panchnama. A panchnama is not a pre-condition for invoking s. 153A. As regards the argument that the time limit u/s 153B is calculated with reference to the date of the last panchnama, a panchnama was drawn up on the occasion of the search and it referred to documents belonging to the assessee though it did not refer to the assessee by name. The panchnama also does not refer to the conclusion of the search. The non-reference to the name of the assessee and the suspension/ conclusion of the search is a lapse and failure to comply with the requirements of the search and seizure manual. However, this does not affect the validity of the search or the assessment order u/s 153A. The department should take remedial steps and ensure that such lapses do not occur in future. Also, the department should give a copy of the search warrant to the person searched so as to curtail allegations of interpolation, addition of names etc.
Reinstatement as an employee as a matter of right
An employee, sacked following disciplinary action, cannot seek reinstatement as a 'matter of right' even if a trial court acquits him in a criminal case based on the charges similar to the departmental inquiry, the Supreme Court has ruled in the case State of West Bengal & Ors vs Sankar Ghosh. "There is no rule of automatic reinstatement on acquittal by a criminal court even though the charges levelled against the delinquent before the inquiry officer as well as the criminal court are the same," it said. The apex court further added that Ghosh could not provide "any rule or regulation applicable to police force stating that once an employee has been acquitted by a criminal court, as a matter of right, he should be reinstated in service despite all the disciplinary proceedings."
Ghosh, working as a sepoy in the Kolkata Armed Police, was arrested for his complicity in the commission of a dacoity. The Disciplinary Authority terminated him after enquiry proved him guilty. While the trial court acquitted all the accused, both the West Bengal Administrative Tribunal and the Calcutta HC asked the Kolkata police to reinstate the sacked cop. The state government appealed to the Supreme Court, saying that the cop was not honourably acquitted by the criminal court as the acquittal was by way of giving benefit of doubt since the accused persons could not be identified during the parade.
Article referred: http://www.indianexpress.com/news/no-reinstatement-after-acquittal/1205949/
Defects in the panchnama do not invalidate the search
MDLR Resorts Pvt. Ltd vs. CIT (Delhi High Court)
S. 132: Copy of search warrant should be given to the searched person. Defects in the panchnama do not invalidate the search or the s. 153A assessment proceedings
S. 153A(1) does not make any reference to panchnama or the date of panchnama. A panchnama is not a pre-condition for invoking s. 153A. As regards the argument that the time limit u/s 153B is calculated with reference to the date of the last panchnama, a panchnama was drawn up on the occasion of the search and it referred to documents belonging to the assessee though it did not refer to the assessee by name. The panchnama also does not refer to the conclusion of the search. The non-reference to the name of the assessee and the suspension/ conclusion of the search is a lapse and failure to comply with the requirements of the search and seizure manual. However, this does not affect the validity of the search or the assessment order u/s 153A. The department should take remedial steps and ensure that such lapses do not occur in future. Also, the department should give a copy of the search warrant to the person searched so as to curtail allegations of interpolation, addition of names etc.
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