COVER STORIES

• Arbitration clause has to be interpreted strictly
• No deduction beyond 10 years under Section 80-IC
• Doctor wins custody battle for children from first wife
• Six months waiting period for divorce waived
• Compensation of loss of future earnings under M.V. Act
• Relatives should not be roped in on the basis of omnibus allegations
• Deceased being owner cum driver, insurer not liable to pay compensation


COVER STORIES

• Prosecution failed to prove dowry demand soon before death, conviction set aside
• Demand of development charges on restoration of acquired land, justified
• Need not pick incriminatory dying declaration, rules SC
• CPC does not make main provisions of Arbitration Act inapplicable
• Complex issues like allegations of fraud can be decided only by civil court
• 'Unsatisfactory work' is motive and not foundation of termination of services


COVER STORIES
• Supreme Court concerned over misuse of web
• Magistrate is empowered to collect voice sample
• To limit wife's phone calls to kin, unusual
• In case of termination, formal domestic enquiry is required
• Trial court obligated, to give reasons for imposition of sentence
• Grant of bail vide a non-reasoned order in murder case held not justified
• Provisions of CPC are guiding factors during proceedings under Arbitration Act

COVER STORIES

 

·         Read SC judgements in your language

·         Too much quota may impact right to equal opportunity

·         Brother-in-law liable to pay maintenance to brother's widow

·         When can death sentence be commutated to life imprisonment?

·         Serious doubts about presence of accused arose, conviction set aside

·         Order of detention can be validly passed against a person in custody

·         Right to be considered for promotion accrues on the date of consideration

COVER STORIES

• Single blow could amount to murder
• Can't hide illness when buying policy: SC
• Custody of minor child, habeas maintainable
• Accident insurance claim, compensation set-aside
• Summary disposal of SLP does not conclude the issue on merits
• Whether decree of divorce can wipe out offence under IPC or D.P. Act?
• At what stage power for summoning additional accused can be exercised

COVER STORIES

• Suicide within 7 years of marriage-acquittal recorded by Trial Court, even upheld by Supreme Court
• In joint family, brother-in-law has liability to pay maintenance to domestic violence victim
• Acquittal by Trial Court should not be interfered with unless it is perverse
• Not necessary for the accused to come in witness box to support defence
• Discarding document at stage of granting bail, not permissible
• Illegality of appointment goes to the root of absorption
• Illegal photocopying of documents is theft

COVER STORIES

• Jurisdiction no bar in dowry harassment case
• Consider victim's age to compute compensation
• Complaint filed by wife under Section 498A quashed
• Merely causing hurt is sufficient to attract S. 307 IPC
• Possession of one co-sharer is possession of all co-sharers
• Excise duty chargeable only on price actually paid for goods
• Period for which leave salary is payable, has to be counted towards "qualifying service"


COVER STORIES


• Power to debar advocate from practice cannot be used by the High Court
• Terms of an invitation to tender, ordinarily not open to judicial scrutiny
• Plea of juvenility can be raised, at any stage before any court
• Age relaxation, whether one can claim as a matter of right?
• Life imprisonment is the rule, death penalty the exception
• Amount of compensation ought to be of such level, as to provide relief in reasonable monetary terms


COVER STORIES

• No depravity or brutality proved, death sentence set aside
• SC may curb advocates from speaking on cases
• Isolated one time payment cannot be termed as 'wages'
• Acceptance of resignation not required in case of notice of 30 days
• Words uttered in a fit of anger, cannot be termed as instigation for suicide
• Custody issues be resolved on the touchstone of "best interest of the child"
• Appointments be made in terms of stipulations contained in the advertisement


COVER STORIES

• If woman kills husband for calling her a prostitute, not a case of murder
• Accused is not required to establish the defence
• No bar to trial under two different enactments
• Compassionate appointment as a matter of right
• SC reopened review petition; converts death sentence into life imprisonment
• When complaint dismissed on merits, second complaint barred on same facts
• To not extend benefit to those, who did not approach the court, not equitable

COVER STORIES

• Donor reserved the right of possession and enjoyment of property
• Ex-IAF official's foreign national wife get's retiral benefits
• Magistrate can't order FIR on private complaint
• Victim has right to file appeal to High Court
• Presence of injured prosecution witness beyond doubt, acquittal set aside
• Fraud vitiates every action and it cannot be brushed aside on the ground of delay
• Can a person, whose name is not included in FIR or chargesheet be proceeded against. Held, yes

Cover Stories 


• SC declines to examine triple talaq ordinance
• Levy of stamp duty not necessary for enforcement of foreign award
• Whether back wages can be claimed as a matter of right, held no
• To resign is a right of the employee
• SC restored the order of trial court dismissing suit as barred by time
• High Court failed to appreciate crucial factors, order granting bail set aside
• Husband resident of Canada not taking wife to Canada, has to pay maintenance

Cover Stories

• Adultery is not a crime, rules SC
• Reinstated staff can't have back wages
• Maintainability of subsequent FIR based on new facts
• Forfeiture of gratuity not automatic on dismissal from service
• Custody of US born female minor child with her mother in India not unlawful
• Presumption regarding existence of any debt has to be rebutted, conviction restored under N.I. Act


COVER STORIES

• Live-in relationship now recognized by legislature
• Restore victim to the position he enjoyed prior to mishap
• Unregistered deed of exchange is inadmissible in evidence
• Notified route; overlapping impermissible
• Conflicting views, court must bow down to the opinion of experts
• Neither wife nor her parents complained about dowry, charge quashed
• Mere allegations of fraud levelled in plaint, not sufficient to decline to refer parties to arbitration

COVER STORIES
• Divorce by mutual consent, strictly abide by settlement
• Widow cannot acquire better right than her husband
• Law is practiced in courts, not on the streets
• Principle of 'pay & recover' invoked
• Undisclosed income can be calculated as a result of search
• Is denial of liability by insurer in toto, referable to arbitration?
• An eviction petition against one of the joint tenant is sufficient against all the joint tenants


COVER STORIES

• Ready to go live on camera: SC
• Promotions should go ahead, says SC
• To pay gratuity amount is duty of state
• No prohibition in law to file second FIR
• Mere abduction of women not sufficient to attract S. 366 IPC
• Whether plea relating to limitation can be considered for the first time in second appeal?
• Medical claim cannot be denied, merely because treatment was in non-empanelled hospital

COVER STORIES

• SC absolves officer of suicide abetment charge
• Domestic Violence Act for divorced women too
• Sale price does not include discount or rebate
• Consent of family not necessary, when two adults agree to marry
• Conditions for grant of bail ought not to be so strict, as to make it illusory
• Relationship not a factor to affect credibility of witness
• Whether termination due to misconduct amounts to retrenchment?

COVER STORIES

• Sexual intercourse in long-term relationship not rape, says SC
• PIL has become an industry of vested interests: SC
• Compensation for functional disability, restored
• Proceeding at nascent stage, FIR quashed
• Power to make rules cannot be substituted by court
• Special provision on certain matter, excludes the general provision
• Whether an award by an arbitrator, on issue of limitation is an interim award?

COVER STORIES 

• Demonstrations not covered under Fundamental rights
• Acquittal does not automatically entitle for appointment to the post
• Whether expression "Tax" in Article 265 covers the expression "fee"
• Initiation of disciplinary proceedings against advocate held, improper
• One out of several grounds is sufficient to evict tenant
• Plaintiff cannot be compelled to prosecute the matter
• Stay on trial will be valid only for six months: SC

COVER STORIES

• Recovery which pertains to commission of crime only is relevant, accused acquitted
• Bail rejected without assigning reason, matter remanded
• Why offence of rape in IPC targeting men alone?
• When adults marry, none should interfere
• A delinquent employee is entitled to a copy of enquiry report
• Land and building cannot be clubbed for determination of gross annual rental value
• Decree for dissolution of marriage granted by invoking powers under Article 142 of Constitution

COVER STORIES
• Top court upheld right of expression of film makers
• Finance business cannot be termed co-operative society
• Sale above MRP Rates, not prevented by any enactment
• Question of limitation has to be decided on the basis of materials on record
• Charging of fee as a percentage of decretal amount, held unethical
• Panchayat secretary's certificate is no proof: SC
• Recovery of loss amount from gratuity, upheld



COVER STORIES

• Validity of will
• Surcharge follows excise duty
• Special courts to try cases against politicians
• Insurance firm liable for hijacked vehicle: SC
• Quashing of FIR on ground of settlement between parties
• Non supply of enquiry report would not warrant re-instatement
• Court cannot record any finding on issues which are not part of pleadings


COVER STORIES

• Object of statutory period of six months is to avoid a hurried decision
• Only remedy to challenge an award of Lok Adalat is civil suit
• Panchayat certificate no proof of citizenship
• No estoppel against statute
• Can't force govt. to frame a law: SC
• Principles for appointment of arbitrator
• When proceedings against Director of company unsustainable?

COVER STORIES

• Admissibility of electronic records
• Minor discrepancies of trivial nature cannot be ground to reject evidence
• Whether further investigation can be directed after framing of charge?
• Importer must clear the goods by paying charges
• No "vested right" exist for promotion
• Sexual intercourse with minor wife is rape
• SC told Punjab to consider appellants by relaxing the maximum age


COVER STORIES

• Liability of insurance company does not cease, because of transfer of ownership of vehicle
• Law cannot be invalidated on ground that legislature did not apply mind
• Children born of void marriage are legitimate
• No accused should be denied a lawyer
• Disproportionate assets, conviction of public servant set-aside
• Transfer of immovable property can only be by a registered document
• Over staying casual leave, resulted in discharge from service simplicitor

COVER STORIES

• Arbitration Act is a self contained code relating to arbitration
• Detention order vitiated due to malice in law
• Tenant cannot dispute the title of landlord
• Food in stomach won't prove time of crime
• Neutral venue can be chosen by parties to arbitration
• Right to inspect police diary not arbitrary
• Supreme Court rips apart its own judgement on S. 377 IPC
• Judicial decision is made as per law and administrative decision as per policy

COVER STORIES

• Rights as an heir to claim shares depend on the law in force, on the day when succession opened
• Conviction of relatives not staying with deceased, set aside
• Complainant's deposition must show sufficient grounds for issue of process
• Court should not pass interim orders in matters of admission
• Jobs secured with forged caste papers invalid
• Mere possession of notes not enough in graft cases
• Fraud must be pleaded and proved and not presumed


COVER STORIES

• Are cattle trade rules good in law?
• In view of bar under SC/ST Act, grant of pre-arrest bail unjustified
• Compassionate appointment cannot be sought as matter of legal right
• False complaints and defamatory statements by wife amounts to cruelty, marriage dissolved
• Maintenance pendentlite under Hindu Marriage Act, financial position of wife's parents immaterial
• Existence of concluded contract is sine qua non for claiming compensation
• Motive can be a reason for crime and a reason for false prosecution also 
• Tenants told to handover vacant possession immediately


COVER STORIES

• "Witnesses are the eyes and ears of Justice" order of acquittal-reaffirmed
• Loanee has a pious duty to abide by his promise and repay
• Different offences cannot be boxed into one trial
• Safeguard rights of online users
• Incidents of long past, does not amount to cruelty
• Whether eviction suit maintainable by one of the co-owners, held yes
• Continuance in service for long period, confers no right to seek regularisation



COVER STORIES:
• Acid attack by jilted lover, deserves no clemency
• When tenant entitled to grant of "leave to contest"?
• Parting of possession under garb of partnership amounts to subletting
• FIR cannot be doubted merely because person who wrote FIR was not examined
• Supreme Court can't ban legislators from practising other professions
• Marriage of landlady, does not extinguish her bonafide requirement
• Right to access Internet cannot be curtailed

November 2019

October 2019

September 2019

August 2019

July 2019

June 2019

May 2019

April 2019

March 2019

February 2019

January 2019

November 2018

October 2018

September 2018

August 2018

Lawteller is one of India's first Legal Awareness Magazine, and is being published since 1993. The USP or the distinguishing feature of our magazine is that it encompasses only those cases decided within the territories of India, where the Hon'ble Supreme Court of India has decided a matter on a divergent viewpoint from that of the High Court's of any of the Indian states.

This specialty of Lawteller has endeared it to its ever-increasing faithful subscribers from all walks of life; such as those concerned with law in any form like Judges, Advocates, Government departments, Judicial Officers, Company Secretaries, Armed forces, general public, academic institutions consisting of majority of top ranking Law Colleges in India and High Courts, thereby giving us a very wide diaspora of subscribers all across India.

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Lawteller - December 2018

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