said offence.
6. Aggrieved by the same, the complainant filed a protest application
before the learned Magistrate on 10.10.2014 vide ... sworn
statement recorded by the Magistrate on the protest application. Leave about
L.W.1 Jai Prakash sworn statement, in tune to his report
receiving it under protest. They were misguided by the concerned officials that protest in writing has to be made in the application addressed ... protest having been specified in the Act and the time when protest is to be lodged, act of filing of an application seeking reference
does not prescribe any particular mode of protest and such an oral protest is a valid protest under law."
10. In Kotipalli Chilli ... oral protest would meet the requirements of law. The protest could be either oral or in writing. The application for reference under Section
stated that there were no trees, wells and huts. In the protest application, there is no mention of trees and only land is mentioned ... each awarded
28. There was no mention of trees in the protest application. In the statement given before LAO, it was specifically stated that there
First Class Magistrate, Anakapalli,
Visakhapatnam District, which is out come of protest application of
the 2nd respondent-de facto complainant, by name K.Srinivasa ... complainant. After receipt of notice, the de
facto complainant raised the protest application. In the course of
investigation by police as many as seven witnesses
officer. Rule
223B prescribes the procedure for filing protest petition and the
adjudication of the protest application. Rule 233B so far as
relevant ... protest from the day on which the letter of protest was
delivered to the Proper Officer. (4) An endorsement "Duty
paid under protest
either to accept the report or challenge it by filing a protest application or by an oral application undertaking to produce such evidence in support ... implications of Section 203, Cr.P.C., since when once a protest application is filed or an independent complaint is filed, it takes the character
acquittance register, the claimant received the amount without any protest and as the application under Section 18(2) was not filed within two months from ... other hand, submits that the compensation awarded was received under protest and that the application under Section 18(2) was made within time requesting
bound not only simply to accept the
facts referred in the protest application and the sworn statement of
protest petitioner-cum-any other witnesses ... Court
record and it is based on that report alone, protest application is
filed impugning the referred report from the very protest raises
against that
that no protest has been made by the Awardees and the amounts were received without any protest, they cannot make any application for enhancement ... learned counsel for the petitioner that they did make a protest while receiving the application. It is not necessary to go into these disputed facts
