JAGNARAIN SHARMA
12 August 2009 at 09:56
CITATION IS PUBLISHED IN AIR OR ANY OTHER LAW JOURNAL, I AM NOT AWARE(JUDGMENT IS DT. 30-1-2009 AND PTI HAS RELESED THE NEWS AS GIVEN BELOW)
PTI
First Published : 01 Feb 2009 02:34:38 PM IST
Last Updated :
NEW DELHI: The Supreme Court has held that a district collector is not a judge and as such cannot seek immunity from prosecution in criminal cases.
A bench of Justices R V Raveendran and J M Panchal ruled that the immunity granted to judges under Section 77 IPC would not be available to district collectors or the land acquisition officers who acquire private lands and award compensation.
"The Collector is neither a Judge as defined under Section 19 nor does he act judicially, when discharging any of the functions under the (Land Acquisition) Act. Therefore he is not entitled to protection under Section 77 IPC," the apex court observed.
The apex court passed the ruling while setting aside a Rajasthan High Court order wherein the latter had quashed the FIR registered against the Jaipur district collector in a land acquisition case.
The FIR alleges that the Collector while acquiring certain private lands had grabbed lands belonging to the Rajasthan Housing Board in collusion with some having vested interest.
The local police had registered a case of cheating and fraud against the district collector but the High Court quashed the FIR on the ground that the official had acted in his official capacity as a "judge" and as such was entitled to the immunity granted under Section 77 IPC.
Supreme Court has delivered a landmark judgeenet " Collectors cannot seek immunity in criminal cases". In fact nobody can be given immunity in criminal and corruption cases not even the PRESIDENT OF INDIA. The moment immunity is given it allows corruption and malpractices. AS it is INDIA HAS become a CRIMINALS PARADISE. This is dangerous and image of the country is bad internationally, TRANSPARENCY INTERNATIONAL HAS ALREADY puit India as highly corrupt. This is bad and must be erased by expeditious judgements and punishments by confiscating illgotten money. B S Ganesh, ganshar@dataone.in 70/9 Basappa Layout, Hanumanthnagar, BANGALORE 560 019
By B S GANESH 2/1/2009 9:57:00 PM
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Apurva Kumar
12 August 2009 at 07:44
Dear Sir/Mam,
As we all know that in 1993 sec 364B was added which says-kidnapping for ransom, in which maximum punishment extends to -shall be punishable with death, now the case is that in one of my cri appeal i.e also a death reference client has been awarded in rareast of rare catogry death penality court has asked to guard them that in indian history how many times same has been granted so i need ur alls help in whatever means u can citation will do along with valuable enlightment!
Regards!
AP!(apurvakrsharma@gmail.com)
Amar
12 August 2009 at 02:03
Hello, We have a tenent that we are trying to evict for the past couple of years. We need the premise for our personal use, unfortunately everytime we appear to the court we are given new dates and there never seems to any closure. Any suggestions would be greatly appreciated!!!
Thanks
harkirat singh
11 August 2009 at 23:30
Dear All
I have joined a small pvt ltd company and filled form32 as directed by Ca of company. there after i given secured loan to that company whose authorised capital is 100000.
the loan amount is 1500000/- and all money is transfered on line to company's account.Now one of the director does't want to get me as director and want to do malpractice. sine funds are already transfered to company and to onedirector's father account.
My query is in case any dispute happens on secured loan how this money to be recovered and how can these directors are punished by law.
No receipt has been obtained yet, but money transfered is by on line and small amount deposited cash for which pay in slip has my pan number and name
How legally I can become strong. Secondly 1100,000/- I gave on interest for which promissory note is received and cheque is yet to be received.
In case they don't pay back what is legal action for both of above cases
Regards
harkirat singh
11 August 2009 at 23:27
Dear All
I have joined a small pvt ltd company and filled form32 as directed by Ca of company. there after i given secured loan to that company whose authorised capital is 100000.
the loan amount is 1500000/- and all money is transfered on line to companies account.Now one of the director does't want to get me as director and want to do malpractice. sine funds are already transfered to company and to one of their fathers account.
My query is in case dispute happens on secured loan how this money to be recovered and how can other directors punished by law.
No receipt has been obtained yet, but money transfered is by on line and small amount deposited cash for which pay in slip has my pan number and name
How legally I can become strong. Secondly 200000/- I gave on interest for which promissory note is received and cheque is yet to be received.
In case they don't pay back what is legal action for both of above cases
Regards
PRAKASHCHANDRA MARU
11 August 2009 at 22:14
hello all learned experts
A COMPANY WOULD LIKE TO EXECUTE THE LEASE DEED FOR THE THREE YEARS WITH MY CLIENT I PREPARED AND SENT TO COMPANY COMAPNY WILLING TO EXECUTE THE LEASE DEED BUT BEFORE MAKING IT COMPANY SEND NOVATION THAT WE HAVE TO FILL AND FORWARD TO COMAPNY IT IS NEW FOR ME I READ IT AND I UNDERSTOOD THAT IT SHOULD BE PREPARED AFTER THE EXECUTING THE REALESE DEED BECAUSE IN THE NOATION DEED IT WAS STATED THE STATE THE STAMP DUYTY SERIAL NO-OF DEED AND DATE OF EXECUTING DATE AM I RIGHT IF I MISUNDERSTOOD PLS CLARFY THANKS IN ADVANCE
Vikram Chandra
11 August 2009 at 21:04
Hi Friends !!
The query is;
My client's father (died) holds a decree of partition for the year 1974 which has become final and as per the decree he has got 144 Sq. Yds., which is as per the commissioner's report and which has been annexed to the decree copy. Whereas my client is in possession of 112 Sq. Yds., as on today. Inview of the old structure my client is raising the new structure after obtaining the permission from the local authority. Further, my client has become the owner of the said partitioned property in view of the relinquishment deed executed by her brothers and mother in her favour recently in the year 2007 as my client's father has died. Further, there is a mistake which has crept in the said Relinquishment Deed while executing the said deed the total area of property was shown only as 117 Sq. Yds., Where as the Decree copy of the court shows the total area which my client's father got is 144 Sq. Yds. Further, my client is only in possession of 112 Sq. Yds., Now the neighbours i.e., the other parties to the said partition decree are in illegal occupation of another difference area and the said fact is discovered right now by my client inview of the latest construction which is being raised by her as per the relinquishment deed. Now the query is what is the area she should claim in her suit which is going to be filed by her either it should be an area as per;
1. A Partition Decree
2. A Relinquishment Deed
or
3. The Physical Possession which my client holds as on today. To get back her land.
But, fact remains that my client has lost the area and it was discovered recently inview of the construction being raised by her that too on the basis of a Relinquishment Deed which is incorrect if it be compared with the Partition Decree which has become final. Now what is the suit my client should file before the competent civil court inview of the said facts to get back her area as per the Partition Decree.
regards,
vikram.
Vikram Chandra
11 August 2009 at 20:40
Dear Sir/s,
Can anyone help me out with the latest apex court judgments which says that 'Foreign Court Judgments' are not binding on Indian Courts. Kindly Update the Judgment, I will be obliged. regards, vikram.
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right on ancestral property
My father-in-law purchased a house around 10 yrs ago.But the house registry is in the name of my two brother-in-laws. We are the youngest in our family.Can we ask for our share in this house as house registry neither includes my father-in-law's name nor my husband's name ?
My father-in-law invested his funds to purchase this house.