June 28, 2018

Important Case Laws Pronounced Today [Thursday, 28 June 2018]

1. Farooq Ahmad Dar v. State [Jammu & Kashmir High Court, u/s 561-A No.176 of 2017]

No official can be booked for the commission of criminal misconduct on the allegation of any illegality committed in absence of any concrete material showing the deal of bribe or embezzlement. 

2. Surendra Pratap Singh v. State [Madhya Pradesh High Court, R.P. No. 638 of 2017]

Simple self-serving statement that the petitioners are social workers is not sufficient to invoke the public interest writ jurisdiction of this Court unless the petitioners are able to produce on record to the satisfaction of the Court such social work in last couple of years is in the area in respect of which the public interest writ petition is filed.

3. Hari Prasad Budhia v. State [Chattisgarh High Court, W.P.(C) No. 1196 of 2015]

Municipal Corporation Act, 1956 - Ss. 299A & 308A - Municipal Commissioner has no authority to revise the purpose of construction, order permitting the construction at the stage of completion of such construction - The best course would have been to refer the matter to State Government with request to invoke the powers u/s. 299-A of the Act, 1956, on account of non- fulfillment of requirement of the scheme of Town and Country Planning Department - Secondly, without working out whether the construction has exceeded Floor Area Ratio (FAR), the order passed about demolishing the so called excess construction is also not in accordance with the provisions u/s. 308A, Part (b) of the Act, 1956.
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