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CIVIL:
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overruled and it is held that the amendment to Sec.25 of the
Land Acquisition Act which does not place a bar for awarding
as compensation an amount more than the amount claimed
does not have retrospective effect.
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MATAPATHI and AIR 1996 SC 127 – STATE OF HIMACHALA
PRADESH VS. DHARAMDAS are overruled.
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and adduce evidence for the purpose of determining the
amount of compensation and the said right imposes an
obligation on the Collector as well as the reference Court to
give a notice to the local authority with regard to the
pendency of the proceedings and the date on which the
matter would be taken up for consideration. In this regard,
the decision in (1971) 3 SCC 821 – MUNICIPAL
CORPORATION OF THE CITY OF AHAMEDABAD VS.
CHANDULAL SHAMALDAS PATEL is overruled.
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Karnataka Rent Control Act
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restrictions on the exercise of powers contained in Sec.29 of
the State Financial Corporations Act.
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deposit in an application to set aside the sale in execution of
a decree under Order XXI Rule 89 CPC is 60 days from the
date of sale and not 30 days and the decision in AIR 1990 SC
933 – P.K. UNNI VS. NIRMALA INDUSTRIES is overruled.
Appeal (CPC):
Specific Performance:
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Benami Transactions (Prohibition) Act:
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cannot be changed over and over again and the decision in
AIR 1982 SC 1604- WING COMMANDER J. KUMAR VS.
UNION OF INDIA is not followed.
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ASSURANCE COMPANY VS. V.K. NEELAKANDAN in Civil
Appeal Nos. 16904 to 16906 of 1996 is held to be incorrect.
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discharging any sovereign functions of the State and therefore
is an industry under the Industrial Disputes Act and the
decisions to the contrary in AIR 1997 SC 2817 – BOMBAY
TELEPHONE CANTEEN EMPLOYEES ASOCIATION case and
(1996) 8 SCC 489 – THEYYAM JOSEPH’S case are overruled.
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SHARMA – It is held in this decision that where approval is
not granted under Sec.33(2)(b) of the Industrial Disputes Act,
the order of dismissal becomes ineffective from the date it was
passed and the employee becomes entitled to wages from the
date of dismissal to the date of disapproval and the decision
to the contrary in (1978) 2 SCC 144 – PUNJAB BEVERAGE’S
case is overruled.
CRIMINAL:
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compounded and the decisions in AIR 1973 SC 2418 –
RAMAPOOJAN VS. STATE OF U.P. and AIR 1988 SC 2111 –
MAHESHCHAND VS. STATE OF RAJASTHAN are overruled.
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39. AIR 1998 SC 1057 – M/S. MODI CEMENTS LTD.,
VS. KUCHIL KUMAR NANDI – When once the cheque is
issued by the drawer, a presumption under Sec.139 of the
N.I. Act must follow and merely because the drawer issues a
notice to the drawee or to the bank for stoppage of payment it
will not preclude an action under Sec.138 of the Act and so
observing the decisions in AIR 1996 SC 2339 – ELECTRONIC
TRADE AND TECHNOLOGY DEVELOPMENT CORPORATION
LTD., VS. INDIAN TECHNOLOGISTS AND ENGINEERS
(ELECTRONICS) PVT. LTD., and in 1996(6) SCC 369 – K.K.
SIDHARTHAN VS. T.P. PRAVEENA CHANDRAN are held not
to have correctly laid down the law.
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42. AIR 1999 SC 2378 – STATE OF PUNJAB VS.
BALDEV SINGH – The Judgment in AIR 1996 SC 977 –
Preetichand’s case, in the matter of interpretation of Sec.50 of
the NDPS Act is held not to have laid down correct law
Customs Act:
Evidence Act:
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expert is admissible in evidence and the word ‘Science’
occurring in that section includes opinion of experts in
typewriters and typewriting also falls within the meaning of
the word ‘handwriting’ and the decision in AIR 1952 SC 343 –
HANUMANTH’s case taking a different view is overruled.
Torts:
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