COVER STORIES

• Your children need you both: SC
• Legal System too expensive for most Indians
• Arbitrator is not a court, but out-come of agreement
• Prevention of Corruption Act does not offend Art. 14
• ASI slapped ACP, punishment of compulsory retirement ordered
• Sale after issuance of preliminary notification for acquisition, void
• Misconduct of cashier, SC directs to treat him retired after completing 15 years service
• Judgement must reflect conscious application of mind and record findings supported by reasons

COVER STORIES
• Demand for dowry not proved beyond reasonable doubt
• Liability of surety and the principal debtor, co-extensive
• Timelines are essential aspects of right to speedy trial
• Conviction cannot be based solely on the basis of motive
• Compensation for having suffered an unnecessary litigation
• Deterioration of the condition, not indicative of medical negligence


COVER STORIES

• Accused of money laundering, a sum of less than one crore; may be released on bail
• Contributory negligence of driver, cannot be applied to passengers
• Settlement does not confer right of ownership upon the tenant
• Practice of alteration or addition to a charge, highly deplorable 
• Non supply of documents, violated the right of detenu
• Section 125 Cr.P.C. applies to all married women including muslim women

COVER STORIES
• Non production of daily diary, a serious omission
• Action taken after five years of divorce, held time barred
• Principles of natural justice to be followed, to justify termination
• Normally the ex-parte stay of bail order should not be granted
• Relationship of employer-employee ends after superannuation
• If a person buys goods for commercial purpose, he is not consumer


COVER STORIES
• Material / Evidence cannot be discarded at the bail stage
• ‘Simply tried to overtake’ cannot be said to be negligent
• Repair work constitutes a manufacturing process
• In financial hardship one may represent directly to superior
• ‘Grounds of arrest’ cannot be equated with ‘reasons of arrest’
• Third party, cannot give evidence about ‘readiness and willingness’


• Profession of law is sui generis and distinct from all other professions
• Withdrawal of resignation prior to the effective date, held permissible
• Any person watching a movie, becomes a consumer of service
• Conviction only on basis of identification, not maintainable
• Likelihood of posing threat, not a ground to cancel bail
• Professionals could not be called businessman


• Essential ingredients in determining Act of Medical Negligence
• Interference by High Court in judgment of acquittal, held contrary to law
• An interim order passed by a court is not rendered illegal due to long passage of time
• In selection by merit-cum-seniority, merit is determinative factor
• Amendment to Section 29C(1) of RPA unconstitutional
• Conviction on the basis of circumstantial evidence


• Supreme Court set aside, order of quashing FIR on the basis of compromise
• Burden of proof never shifts and lies on a person who asserts a fact
• Person continuously defying orders, not entitled to pre-arrest bail
• Extra judicial confession, a weak piece of evidence
• Habeas corpus literally means ‘have his body’
• UGC has a binding effect on universities


COVER STORIES

• Conviction cannot be based on the ground of suspicion
• Testimony of prosecutrix found not reliable, acquittal ordered
• Bail under the UAPA, severely restrictive
• Exclusion of the retired employees, held violative of Article 14
• When evidence of eye witness inspires confidence, motive pales into insignificance
• Limitation period commences once a valid notice invoking arbitration has been sent


COVER STORIES
• Conviction under Section 364A IPC set aside
• No evidence could be led  beyond pleadings
• Non-obstante clause limits the extent of judicial intervention
• Courts are expected to conclude the trial within a reasonable time
• ‘Will’ cannot be held to be suspicious, on the ground of ill health of testator
• Conviction can be based on dying declaration, provided it inspire confidence


COVER STORIES

• Police personnel ordered to pay Rs. 6 lakhs as costs
• Non payment of stamp duty is a curable defect
• Order of discharge/dismissal found invalid
• Sale in favour of auction purchaser upheld
• Criminal proceedings under Negotiable Instruments Act, 1881, quashed
• Under Article 226, the court cannot direct to create and sanction the posts


• Right to life includes right to live in a pollution free environment
• Waiting list cannot be used to fill vacancies
• Right to marry, not a fundamental right
• Standing orders grant a protection to the worker
• Appeal is maintainable against the effective decree
• Immovable property is something more than the land on which construction made


COVER STORIES
• Instigation must be in close proximity to act of committing suicide
• Single assault not sufficient to infer intention to kill
• Mere acquittal will not confer a right to claim reinstatement
• Arbitration clause has to be in consonance with the “operation of law”
• Expert report not produced, consequent FIR and charge-sheet quashed
• Child born from void or voidable marriage does not ipso facto become a coparcener


• Conviction can be based on prosecutrix’s sole testimony
• Joint parenting is always best for upbringing of the child
• Possession of contraband has to be proved by prosecution
• Judicial record should not serve as an obstacle seeking release
• Gratuity Act has superior status vis-a-vis any other enactment
• Trial conducted in a hurried manner, matter remitted for de novo trial


COVER STORIES
• Last seen theory fails, ordered acquittal
• Acquiescence in infringement amounts to consent
• Only home buyers can seek remedies under RERA
• Remission Board should consider post prison record of convict
• Reasonable accommodation is founded in the norm of inclusion
• An untoward mishap can reasonably be described as an accident


COVER STORIES
• Bail, a discretionary relief
• Advocates or lawyers have many capacities
• Quashing of FIR against relatives of husband
• Remedy of appeal, when available under CPA
• ‘Cruelty’ in one case, may not be the same for another
• Order granting promotion, not to be treated as a precedent


COVER STORIES

• Living together as husband and wife, presumption of valid marriage can be drawn 
• After acquittal, objection regarding pendency of criminal case; no more exists
• Suspicion howsoever strong cannot take place of proof
• When remedy of appeal is available under CPA
• No straightjacket formula for determining the expression “consumer”
• Acquisition of lands, could not be a guiding factor for determining compensation


COVER STORIES
• FIR, a vital & valuable piece of evidence
• Whether a child witness is competent to depose?
• An order of payment of back wages, not automatic
• Appointment on compassionate basis is a concession
• Section 140(5) of Companies Act, 2013 cannot be said to be arbitrary
• Apart from assessment by a surveyor, other material cannot be ignored


• Police must not mechanically apply the law, without referring to the factual position
• Prosecution on failure to “pay” TDS after deducting the same
• Voluntary statement made by the accused, when admissible
• Order of compulsory retirement, punitive in nature
• Appellate Court should not reappreciate the evidence at the stage of Sec. 389
• Mere acquittal or discharge of other accused cannot be a ground to discontinue investigation 


COVER STORIES
• Irretrievable breakdown, is it a ground for divorce?
• Evidence of a child witness cannot be rejected only on ground of age
• No right accrues to continue in service, after completion of 58 years of age
• Arbitrator erred in passing an award by travelling outside the contractual prohibition
• Power to summon additional accused, guidelines to be followed by competent Court
• Grant of bail, on ground of undue delay in trial, cannot be said to be fettered by s. 37


Cover Stories

• Extra judicial confession is a weak piece of evidence
• Home Guards held entitled to DCA/duty allowance
• Intention to kidnap not proved, conviction set aside
• Issues of fraud cannot be adjudicated by consumer fora
• Apply principle of proportionality between crime and punishment
• Retail sale requires sale of goods to a final consumer and not to an intermediary

• Mere acquittal did not entitle to reinstatement in service
• Power to cancel bail; when released on default bail
• Liability to pay interest does not stop merely on filing of IT return
• When disputed questions of fact arise, adjudication in a civil court is more appropriate
• Dismissal of the complaints for mere non appearance of the complainant, not justified
• Right to pensionary benefit is a constitutional right, cannot be taken away without proper justification

• Offence u/s 138 of NI Act primarily related to a civil wrong
• Extra judicial confession can be basis of conviction
• First part of panchnama is always drawn at police station
• Faulty hair cut and hair treatment, whether deficiency in service ?
• Employees who secured VRS cannot claim parity, with those who worked continuously
• Writ petition can be entertained despite alternate statutory remedy, if the vires of an Act challenged


• “Last seen” theory in murder cases
• Judicial review, not an appeal from the decision
• Statute provides for stay of decree upon furnishing cash security
• Contract of indemnity, contract of guarantee are not one and the same
• One cannot be punished for not doing something, which was impossible for it to do 
• An adopted child deemed to be the child of his or her adoptive father or mother for all purposes


• No apprehension of tampering the evidence, bail allowed
• Sentence of imprisonment for life, shall mean till the remainder of life
• No one can claim vested right for appointment on compassionate ground
• Tenant liable to pay mesne profits or compensation for use and occupation
• Total disablement means functional disability was 100%
• The expression “known sources of income” refers to sources known to the prosecution


• Arrest without application of mind amounts to an abuse of power
• Extra judicial confession, a weak piece of evidence
• Motive not relevant in case of direct evidence
• Liability to pay tax under GST regime is on the supplier
• Power of court not constrained by the closure of evidence
• Mother being the only natural guardian, has the right to decide surname of the child


COVER STORIES
•         The cheque must represent a legally enforceable debt at the time of encashment
•         Once the application was made, qualification on that day was to be considered
•         In furlough prisoner is deemed to be serving the sentence
•         Non signatory may be bound by the arbitration agreement
•         Amount of compensation depends upon disability suffered/sustained
•         In absence of any concrete evidence, conviction under section 302/149 cannot be maintained

• Evidence of the deceased cannot be admitted under section 32(1) of Evidence Act
• Contradiction in the evidence of witnesses cast a doubt on the way FIR was registered
• Non delivery of a new car or delivery of defective car is an unfair trade practice
• Testimony of an injured witness cannot be brushed aside lightly
• Financial constraint, valid ground for fixation of cut off date
• Agreement between the parties has to be read as a whole


• Grant of any stay of investigation be in rarest of rare cases
• Courts should be reluctant in interfering with contracts
• The victim need not be the complainant or informant of a felony
• Compensation under the head loss of love and affection, not permissible
• Re-employment of retrenchment workmen, does not entitle them to claim continuity of service
• Section 482 can be exercised to quash criminal proceeding relating to non compoundable offences


COVER STORIES
* Culpable homicide not amounting to murder
* Suspicion however strong cannot be a substitute for acceptable evidence
* Age recorded by competent authority under JJ Act, deemed to be the true age
* Financier liable to pay tax from date of taking possession of vehicle
* Army personnel while travelling between place of their duty to leave station, and vice versa, are treated on duty
* Seniority by itself, not the only qualification for promotion


·  No vested right to be appointed, but only a right to be considered fairly

·  Establishment of motive alone, not sufficient to sustain conviction

·  Hand of physically fit person can also be a weapon

·  Damages arising out of continuing wrong, not barred by limitation

·  No one can claim vested right for appointment on compassionate grounds

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Lawteller Magazine - June 2016

Lawteller Magazine - June 2016

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