As there was numberappeal against the said decree award dated 18th August, 1961 the landowner s would be entitled to companypensation in terms of the said original decree award dated 18th August, 1961.
No appeal was, however, filed by the State of Bihar against the original order dated 18th August, 1961 awarding companypensation at the rate of Rs.200 per katha.
Facts On 7th December, 2009 the In charge of the Electronics Cell of Sadar Bazar Police Station located in the district of Saharanpur of the State of Uttar Pradesh lodged a First Information Report FIR for short alleging that one Dhoom Singh in association with the appellant Ritesh Sinha, was engaged in companylection of monies from different people on the promise of jobs in the Police.
Not satisfied, the State of Bihar preferred an appeal before the High Court against the order dated 26th September, 1961 passed in the review application granting companypensation at the rate of 1975 1 SCC 774 Rs.75 per katha.
Cross appeal s before the High Court against the order dated 26th September, 1961 passed in the review application was filed by the appellant landowner.
However, the High Court adjudicated the case on merits and awarded companypensation to the landowner s at the rate of Rs.75 per katha.
The learned Additional District Judge, Purnea while hearing the reference under Section 18 of the Land Acquisition Act, 1894 enhanced the companypensation to Rs.200 per katha.
The learned CJM, Saharanpur by order dated 8th January, 2010 issued summons to the appellant to appear before the Investigating Officer and to give his voice sample.
The High Court by its order dated 16th February, 1968 held the review application of the State of Bihar, in which the order dated 26th September, 1961 was passed, to be number maintainable.
Dhoom Singh was arrested and one mobile phone was seized from him.
The Investigating Authority wanted to verify whether the recorded companyversation in the mobile phone was between Dhoom Singh and the appellant Ritesh Sinha.
This order of the learned CJM was challenged before the High Court of Allahabad under Section 482 of the Code of Criminal Procedure, 1973 hereinafter referred to as Cr.
They, therefore, needed the voice sample of the appellant and accordingly filed an application before the learned jurisdictional Chief Judicial Magistrate CJM for short praying for summoning the appellant to the Court for recording his voice sample.
The appeal was heard and disposed of by a split verdict of a two Judge Bench of this Court requiring the present reference.
Signature Not Verified Digitally signed by CHETAN KUMAR Date 2019.08.02 160327 IST 9671 of 2017, 1048 of 2018, 2225 of 2018 and 3272 of 2018.
The State of Bihar sought a review of the aforesaid order dated 18th August, 1961 which was allowed on 26th September, 1961 scaling down the companypensation to Rs.75 per katha.
This was by order dated 18th August, 1961.
The said parcel of land was acquired under the provisions of the Land Acquisition Act, 1894.
Leave granted in Special Leave Petition Criminal Nos.
The Land Acquisition Officer by order Award dated 12th October, 1957 awarded companypensation to the appellant s therein at the rate of Rs.14 per katha.
The appellant in the above case was the owner of a plot of land measuring about 3.30 acres located in the district of Purnea in Bihar.
Aggrieved, the landowner Sushil Kumar Sen approached this Court.
Justice K.K. Mathew who delivered the lead judgment in the case took the view that the original decree award of the Reference Court dated 18th August, 1961 stood superseded by the decree award dated 26th September, 1961 passed in the review application.
Reason Criminal Appeal No.2003 of 2012.
RANJAN GOGOI, CJI.
P.C. The High Court having negatived the challenge made by the appellant by its order dated 9th July, 2010, the present appeal has been filed.
However, once the said decree award dated 26th September, 1961 was set aside in the cross appeal filed by the landowner s the earlier decree award dated 18th August, 1961 stood revived.
