SCOPE OF SECTION 47 AND 60 OF C.P.C. AND ORDER 21 RULE 58 AND 90 OF C.P.C.

Issue regarding scope of section 47 and 60 (1) (c) of C.P.C. and Order 21 Rule 58 and 90 of C.P.C. has been decided by Hon'ble High Court, Allahabad in the case of Civil Misc. Writ Petition no. 506 of 1990 (Mehtab versus VIIIth Additional District Judge and others) and Hon'ble court held that-

1. if an objection under order 21 Rule 58 of C.P.C. was filed and same was dismissed and later on another objection was filed under section 47 of  C.P.C. was filed on the ground that according to section 60 (1) (c) land can not be attached or auctioned than same is maintainable even after confirmation of sale and res judicata is not apply and same can not be dismissed on the ground of dismissal of earlier objection either under order 21 Rule 58 or 90 of C.P.C.

2. Politics can not be accepted as a regular source of income. Even if some unscrupulous person joins politics with a view to earn money  and politics is not meant  for earning money, illegal source of income cannot be taken in to the consideration.

3. if judgment debtor filed revenue record to show that he has agricultural land then it can not accepted the argument that land is quite small in area hence it could not be sufficient to meet the expenses as it is the story of millions of farmers in India that they have got insufficient land.

Remedy to an accused in Uttar Pradesh During Investigation

There is no provision of interim bail in Uttar Pradesh so there is question that what remedy is available to an accused person who believes that he has been falsely implicated in criminal case and he has evidence to prove that he is innocent but that evidence can be produced only at the time of defense evidence before that he has to face trial and got bail even he may remain in Jail for long time. In this situation he may approach to Investigating Officer or higher authorities of police but in doing so he may be arrested. He may approach to Hon'ble High court and challenge the F.I.R. but in Writ jurisdiction only F.I.R. Version can be seen but his defence  evidence will not be considered as view of Hon'ble courts. in this situation person who has been falsely implicated in a criminal case is helpless. so our leaders and Hon'ble courts must think about this serious problem and made amendment in present law so that a innocent person may be saved from harassment and a culprit may be punished because ratio of false implication in in Uttar pradesh is more than other states and countries.        

Government Order in Relation to Land Acquisition

Uttar Pradesh Government has issued a government order on 24.03.2014 in pursuance of new Land Acquisition law passed by Central Government providing that if any land was acquired  in pursuance of old law but award as not passed or award was passed before 31.12.2008 but physical possession could not be taken over land or actual compensation was not paid then proceeding of acquisition will be laps and government has directed to all authorities to disposed of the matter in the light of above direction within three months.