Supreme Court's 5 Important Points

 Hon'ble Supreme Court of India's 5 Views Expressed Through Judgments

• "The idea under Section 28A [of Land Acquisition Act, 1894] is certainly to extend benefit of equal compensation to landholders who, for some reasons had not preferred appropriate applications for Reference in time but for a company having profile such as the petitioner, inaction on the front followed by delay in filing petition in the High Court"  "disentitles the petitioner from claiming any relief under Article 226 of the Constitution."

• "Procedure is the hand maiden of justice, the technicalities of law should not be allowed to prevail over the demands of justice and obstacles in the path of the Court considering a case on merit should not ordinarily become insuperable."

• "Section 12(1)[ of the Arbitration and Conciliation Act, 1996], as substituted by the Arbitration and Conciliation (Amendment) Act, 2015 makes it clear that when a person is approached in connection with his possible appointment as an arbitrator, it is his duty to disclose in writing any circumstances which are likely to give rise to justifiable doubts as to his independence or impartiality."

• "While considering a particular transaction as benami, the intention of the person who contributed the purchase money is determinative of the nature of transaction."

• "The test adopted to determine if any payment was to be excluded from basic wage is that the payment under the scheme must have a direct access and linkage to the payment of such special allowance as not being common to all."

[Source : Guwahati Court Reporter (GCtR)]

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