Land Acquisition Act, 1894, S. 4, 6, 5A 9--Objections--Non-filing of

2010(3) LAW HERALD (P&H) (DB) 2057
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice M.M. Kumar
The Hon’ble Mr. Justice Jitendra Chauhan
CWP No. 18931 of 2009 (O&M)
Rishi Pal etc.
v.
State of Haryana etc.
{Decided on 05/04/2010}
For the Petitioner: Mr. N.C.Kinra, Advocate.
For the Respondent: Ms. Palika Monga DAG Haryana
For the Respondent No.2: Mr. Shallie Taneja, Advocate.
Land Acquisition Act, 1894, S. 4, 6, 5A & 9--Objections--Non-filing of--Petitioner unable to produce any receipt of sending objections by registered letter or acknowledgement--He was also not able to show original copy of objections--Identical language in objections filed by petitioners in both set of cases would show that it is an after thought and no objections infact were filed--Notification under Section 4 issued on 15.12.2006 and declaration was made on 14.12.2007 granting ample opportunity to petitioners to file objections and seek their remedy in accordance with law--It cannot be said that no declaration can be made under Section 6 of Act as notification issued under Section 4 has been described as if it is issued by invoking urgency provisions of Section 17(1) of Act--No prejudice could be said to have caused to petitioners--Writ petitions dismissed. (Para 3, 4, 5 & 6)

Probation--Distilling illicit liquor--Because of supply of spurious liquor

2010(1) LAW HERALD (P&H) 436
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice T.P.S. Mann
Criminal Revision No.2332 of 2002
Gurtej Singh
v.
State of Punjab
{Decided on 25/01/2010}
For the Petitioner: Mr. Kashmir Singh, Advocate for Mr. K.K. Garg, Advocate.
For the Respondent: Mr. P.S. Grewal, Assistant Advocate General, Punjab.
IMPORTANT POINT
Probation--Distilling illicit liquor--Because of supply of spurious liquor, some tragedies have taken place, but that is no ground to deny the benefit of probation to a convict, who had been held liable for distilling illicit liquor for the first time.
(A) Criminal Procedure Code, 1973, S.360, 361 & 401--Punjab Excise Act, 1914, S.61(1)--Probation of Offenders Act, 1956, S.4 & 6--Distilling illicit liquor--Release on probation--Petitioner undergone substantive sentence of three years--He is not shown to be pervious convict--He has been facing agony of criminal prosecution since 1998--Petitioner can be given a chance to reform himself instead of remaining under the stigma of conviction throughout his remaining life--Petitioner can, therefore, be granted the benefit of probation in lieu of the sentence imposed upon him. (P. 7)
(B) Punjab Excise Act, 1914, S.61(1)--Probation of Offenders Act, 1956, S.4 & 6--Distilling illicit liquor--Release on probation--Because of supply of spurious liquor, some tragedies have taken place, but that is no ground to deny the benefit of probation to a convict, who had been held liable for distilling illicit liquor for the first time--One of the purposes of punishment is to enable the similarly situated accused to try to bring themselves back into the mainstream by adopting righteous path in life, instead of being condemned for all times to come. (P.6)