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

·  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

• Negligence has no defined boundaries
• When employment could be regarded as regular
• Circumstantial evidence, whether can be relied upon to record conviction
• Evidence of related or interested witness cannot be discarded on that ground alone
• What is non existent in the eye of law cannot be revived retrospectively
• Mere suppression of material does not mean that the employer can arbitrarily terminate the employee

• Mere breach of contract by itself does not lead to a criminal offence
• Compensation to be assessed on the basis of minimum wages
• Cheque though issued as security, complaint maintainable
• Concept of equality, not an inflexible doctrine
• Relief of specific performance, no longer a discretionary relief
• Reasonableness and suitability to be seen from the prospective of landlord

• Demand is sine qua non for establishing offence under PC Act
• Exclusion of a natural heir, no ground to doubt validity of Wills
• Vehicles cannot be confiscated when original proceedings had culminated into acquittal
• Distinction between ‘preparation’ and ‘attempt’ to commit an offence
• Acquittal in a criminal case does not debar disciplinary jurisdiction
• Compassionate appointment, not a vested right

COVER STORIES
• To seek divorce desertion must be for a continuous period of not less than two years
• Insurance company could not have repudiated claim merely on the ground of delay
• Judicial review court cannot direct to create and sanction posts
• Period of blacklisting restricted to five years
• Suspicion howsoever strong cannot take place of proof
• In place of removal of service, punishment of compulsory retirement awarded
• Magistrate ought not to have entertained application under Section 156(3) without affidavit


• Supreme Court set free 52-yr-old apply juvenility clause
• Externment order has effect of depriving fundamental right
• Multiplier has to be applied on the basis of age of the deceased
• States must decide on SC/ST quota in promotions
• Stored video footage, does not enjoy the protection of immunity
• Life convict released on suspension of sentence


• Retrospective seniority cannot be claimed from a date when an employee is not even borne in service
• Prosecution must establish existence of "proximate and live link" between dowry death and cruelty
• Whether a divorced daughter, entitled to compassionate appointment
• SC to study plea against maintenance for parent
• An entity misusing the status conferred, not entitle to retain that status
• Section 482 to quash criminal proceedings is an exception and not a rule


COVER STORIES

• Delay in inquiry, no ground for quashing corruption case
• Sexual intent, not skin-to-skin contact, key: SC
• Object of Section 43B (I.T. Act) is to allow certain deductions only on actual payment
• Reinstatement with full back wages, not automatic
• Locker management inadequate and muddled, costs imposed
• Whether conviction of husband can be based solely on basis of opinion of medical officer who conducted autopsy

• CJI for forming special panels to probe 'atrocities' by police
• Lok Adalat has no jurisdiction to decide matter on merits: SC
• Sentence awarded to conductor, reduced to the period already undergone
• Trial court while considering the discharge application, not to act as post office
• Definition in one statute cannot be used for interpreting the same word in another statute
• Principle of 'no work, no pay' protects employers from paying employees, who have not rendered services


COVER STORIES

• If the purchaser claims refund in housing project equities would have to be moulded
• Service rendered as adhoc cannot be treated as "substantive appointment"
• Civil court cannot entertain a suit which is barred by any law
• Magistrates can't extend probe under UAPA
• Trial court cannot be conferred with inherent power either to review or recall the order
• Whether 'Will' is to be doubted because testator had put thumb impression, despite being a literate person



• Courts in the country continue to differ in views on marital rape
• Don't hire people with record of violence
• Summoning a public officer is against public interest
• Victim's compensation cannot be determined at the stage of grant of bail
• Dying declaration not recorded by Judicial Magistrate, whether reliable?
• Enquiry at pre-registration of FIR stage, cannot be said to be per se illegal 


• Bail to prisoners, kept against norms
• Complainant can always question the order granting bail
• Judges must look at facts of a case and its human aspect: CJI
• When two views possible, the benefit must go to the accused
• Allegations of mental cruelty against wife, husband entitled to dissolution of marriage
• Whether benefit of doubt resulting in acquittal in a murder case, can create opportunity to join as a constable?


• HC cannot tell probe agency to arrest accused
• Bail conditions should seek to protect the complainant
• Law does not permit a mini trial at the stage of framing of the charge
• Illegal occupation of area upto a maximum of 200 square yards
• Freezing of bank account when unsustainable
• Claim of backwages held untenable


COVER STORIES

• RERA Act does not bar Consumer Protection Act
• Bank's duty to take care in respect of bank lockers
• Why not place convicts under house arrest, asks SC
• Mere recovery cannot prove the charge under P.C. Act
• Pay compensation to the extent of 50% of value of land
• Mere suspension of sentence, not sufficient to stop disqualification
• Recruitment in excess of notified vacancies violates Articles 14 & 16


COVER STORIES
• Freedom of speech and expression, though valuable right but not absolute
• Deprivation of liberty even for a single day is one day too many
• Public employer can reject candidate acquitted of serious crime
• When can mental cruelty lead to dissolution of marriage
• Plea against uniform civil law on divorce and alimony
• Section 141 NI Act, cannot be applied to individuals


COVER STORIES
• Refund penal interest on EMIs
• Don't stereotype women in court rulings
• When conviction under section 302 should be altered to Section 304 Part I
• Burden to prove that workman had worked for 240 days, entirely upon employee
• Object of awarding compensation is to preserve the existing standard of living of a deceased
• When complaint is filed by drug inspector, magistrate is exempted from examining the complainant


• Exclusive courts for cheque cases
• Avenues to offer quick relief to accident victims
• Strict principle of evidence inapplicable, to MACT claim cases
• Delay of 29 years held valid consideration for grant of anticipatory bail
• Supreme Court does not entertain SLP in which no relief can be granted
• Whether seniority is to be determined from the date of acquiring education and training?


COVER STORIES

• High Court order in groping case stayed
• Registered document presumed to be genuine
• GoI decided to forego interest on eight categories of loans
• A worker's right to life cannot be deemed contingent on the mercy of state
• Proceeding for winding up company pending before High Court can be transferred to NCLT
• An unmarried hindu daughter unable to maintain herself, can claim maintenance from her father

• Financier remains owner of a vehicle, till the insalments are paid
• Not using masks flouts fundamental rights
• Plea in SC for uniform divorce, alimony rule
• Right to be released on "Default Bail" or "Compulsive Bail"
• Memorandum of family settlement, not required to be registered
• Right of compassionate appointment has to be in terms of policy on day of demise


• Guidelines for matrimonial cases
• Determination of market value of properties
• Coordinate bench cannot take a contrary view
• Employer free to reject overqualified applicants: SC
• When can High Court interfere with the order of acquittal?
• Pensionary provisions must be given a liberal construction as a social welfare measure
• Serious injury not only permanently imposes physical limitations, but also inflicts emotional scars


COVER STORIES

• Covid-19 has been notified as a disaster
• Construction worker, is a 'consumer'
• Default bail, indefeasible right to be released
• Prosecution for misbranding of product quashed
• Pensionary benefit for service rendered as a casual labour
• Sole evidence of sexual offence victim is enough for conviction
• Intention to abet suicide cannot be assumed, it has to be evident


COVER STORIES

• Entire service be counted as qualifying service for determining pension
• Person working as district judge cannot club his experience as advocate
• Normally opposition and prejudice, not to be presumed
• When criteria of selection can be challenged?
• Civil rights lawyer punished for contempt
• Enforceability of foreign award


COVER STORIES
• Daughters have equal right to inherit property
• Right to default bail is indefeasible right of an accused
• Notice in writing should be only sent by registered post
• Cause of action for filing a suit consists of bundle of facts
• Voluntary recognised association can file composite complaint
• Auction purchaser cannot deny the liability to pay electricity dues


COVER STORIES
• Candidate gets seniority if there exist quota for him
• Disabled are entitled to same benefits of SC/ST quota: SC
• Custom duty has to be paid on the basis of sale proceeds
• Appeal cannot be entertained by the DRAT without pre-deposit
• When transaction can be considered as bogus under Income Tax Act
• Common intention must be for the very offence, which the accused is charged with

Cover Stories
• Gratuity shall be payable, if termination is after five years of continuous service
• Landlord's liability to pay damages for delayed re-induction of tenant set-aside
• Natural justice warranted grant of opportunity to assessee
• Firms allowed to negotiate with staff on lockdown wages
• Mere fact that High Court has different opinion, will not be sufficient to set aside acquittal
• Decision to dissolve marriage on the ground of irretrievable break down has to be taken on case to case basis


COVER STORIES

• Bail is rule and jail is exception
• Demand of additional tax quashed
• Lockdown violation cases won't be quashed
• PM CARES not within the ambit of RTI Act: PMO
• Non-registration of decree, whether renders it void?
• Where limitation is provided by law, it has to be followed strictly
• A probationer not covered by the protective umbrella of Art. 311


COVER STORY
• Marriage during pendency of appeal against decree of divorce, held valid
• There must be specific pleadings and averments in the plaints on limitation
• Insurance company held liable to indemnify the complainant
• Restrictions on court hearings lawful
• Statement under Section 161 is inadmissible in evidence and cannot be used to convict the accused
• Relief-oriented judicial approach cannot by itself be ground to cast aspersion on honesty and integrity


COVER STORY

• SC to go digital to maintain social distancing
• Death sentence commuted over mental state
• Last seen evidence missing, conviction set aside
• Whether compromise decree requires registration?
• Art. 16 confers a right to be considered for promotion
• Selection process comes to an end, once appointments are made


COVER STORIES
• State government not bound to provide reservation in promotion
• Request for change of date of birth, at fag end of service not sustainable
• Legal representative of the deceased have a right to apply for compensation
• Refusal to appoint arbitrator on ground of limitation, improper
• Review court can refer questions to larger Bench
• A child cannot be put behind bars, rules SC


COVER STORIES

• Teenager in hit-and-run to be tried as 'child'
• No automatic conviction for abetment of suicide
• Legal effect of resignation on entitlement to pension
• Determination of income must proceed on the basis of income tax return
• No one can be black listed, without being afforded opportunity of hearing
• Sub-letting of any part of tenanted premises, entails eviction from whole premises


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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 - February 2019

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