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

• 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

• 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


July 2024

June 2024

May 2024

April 2024

March 2024

February 2024

January 2024

December 2023

November 2023

October 2023

September 2023

August 2023

July 2023

June 2023

May 2023

April 2023

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.

1. You agree that the use of Magzter.com, the application and its services, are at solely at your own risk. Neither Magzter.com nor its associates nor employees nor third party content providers guarantee that the service will be completely uninterrupted or error-free or foolproof against miscreant activities. Nor do they warranty that you will get the exact results as expected or promised by the website or product.

11. THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. MAGZTER, ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER MAGZTER NOR ITS AFFILIATES, SUPPLIERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINED IN THE PUBLICATIONS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PUBLICATIONS OR THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY AND YOUR DEVICE. MAGZTER IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAGZTER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.

2. You will maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.

2.You will maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.

3. In no event will Magzter.com or any person or entity or third party involved in the creation, production and distribution of the content on the website and the application be liable in contract or legally for any damages, including and not limited to, direct, indirect, incidental, special, and consequential incurred to you while or on using Magzter.com. By registering on the website or downloading the application, you agree that the provisions mentioned in this section shall apply to all use of and content on the website and the application.

3. Without prior written or authorised permission from Magzter, you should not modify, copy, distribute or sell any content obtained from Magzter as everything published here is the proprietary property of Magzter or its licensors. As such unauthorised use may also violate applicable laws including copyright and trademark laws, Magzter strictly prohibits these and will terminate your access and account if any such illegal activity is proved or detected. You should also stand liable for the damages caused by these unauthorised activities. Except as permitted by the Publication's lawful owner, you acknowledge that you do not acquire any ownership rights by downloading Publications accessed through the Service. Except as explicitly required under copyright law or permitted by the features of the Service you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party the content of the App, the Publications, or any portion of them without the express permission of Magzter and the owner of such content. We do not grant you any licenses, express or implied, to the intellectual property of Magzter or Magzter's licensors.

5. You specifically acknowledge that Magzter.com is not liable for any kind of defamatory or offensive or illegal conduct of other users or third parties or their content and that the risk of injury from the foregoing rests entirely with you.

8. Magzter reserves all rights to monitor the content published and inputted by you for the purpose of determining whether you are compliant with these terms and conditions and other operating rules determined by Magzter. Magzter has the right to take decisions about the content and delete them at its own will.

9. Magzter is a distributor and NOT a publisher of the Publications and so Magzter has no editorial control over the content, including opinions, advice, statements, services, offers etc., that is represented in the magazines. So Magzter will not take responsibility for the accuracy or the reliability for any information or facts provided therein or that is made available through the service, by anyone other than authorised Magzter employees who are acting on their official capacities. Accordingly, we have no editorial control over the Publications. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in Publications offered by the Service, are those of the respective author(s) or publisher(s) and not of Magzter. Magzter will not be liable for any loss or damage caused by your reliance on information obtained through the Service or from the Publications. The Service may contain links to other Internet sites and third-party resources and Magzter does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order through a third-party site.

Choose your favorite titles from 40+ exciting categories

Details of the objectionable content, including its link on our platform

Download your favorite titles and read them offline, anytime and anywhere

Gift your loved ones with a Magzter Gift Card instantly and give them the freedom to read their favorite magazines and newspapers from thousands of best-selling titles.

Gift your loved ones with a Magzter Gift Card instantly and give them the freedom to read their favorite magazines from thousands of best-selling titles.

Gift your loved ones with a Magzter Gift Card instantly and give them the freedom to read their favorite magazines from {{magCount}} best-selling international titles.

Girish Ramdas is the Co-founder and CEO of Magzter, a New York based startup that has been making waves in the global digital publishing business. Magzter has crossed 80 million users since its inception in 2011 from more than 150+ countries with 1000s of magazines, newspapers and books from more than 4,500 publishers worldwide. He has more than 25 years of experience in cross-platform publishing, including print, mobile, and Web development. During this period, he has co-founded and run three successful start-up businesses. He has enabled magazine companies to go digital and helps them monetize their content across the digital world. Girish's deep industry experience in online, mobile and publishing ecosystems has made him an expert in acquisition, marketing and monetizing digital content across platforms globally.

In the event that you encounter any objectionable content on our platform, we have put in place a grievance redressal policy to address your concerns.

Magzter Inc. (“Company”, “we”, “us” or “our”) knows that you care about how your personal information is used and shared. Please read the following privacy policy (the “Policy”) to learn more about our privacy practices. By visiting any of the websites operated by the Company, and any sub-domains thereof, or using any of our mobile applications and other methods of content distribution (collectively, the “Service”), you acknowledge that you accept the practices and policies outlined in this Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Magzter Inc. is the World's largest and fastest growing self-service, cross-platform digital newsstand with over 80 million users since its inception in 2011 and thousands of magazines and newspapers across 40+ categories and 60+ languages. Headquartered in New York, Magzter has its local presence in Amsterdam, London, Mexico City, Chennai, Mumbai, New Delhi, Bengaluru, Singapore, and will soon be expanding to other countries. Founded by global entrepreneurs, Girish Ramdas and Vijay Radhakrishnan in June 2011, Magzter enables magazine and newspaper publishers around the world to create and deliver digital editions of their titles to global consumers.

Magzter is committed to providing a safe and secure platform for our users. Please note that Magzter is merely a platform for publishers to distribute their content. We do not control or endorse the content published on our platform. We cannot be held responsible for the actions of our publishers or their content.

Magzter is not responsible for compensating any party that has suffered damages or incurred costs due to any content, or part of the content, that violates their rights. Magzter is not liable to face any legal action in civil court for any violation of rights caused by any content, or part of the content, that infringes the rights of a third party.

Magzter offers the world’s largest {{allyoucanread}} subscription service called {{gold}} which gives digital readers unlimited access to 9,000+ magazines and newspapers for a monthly subscription price. Magzter also has the largest number of stories in the world with its game-changing ezRead 2.0 feature for its apps, which enables smartphone and small-screen mobile users to enjoy magazine content the way it was meant to be enjoyed, with article text that is easy to read and is accompanied by stunning videos and high resolution photography.

Magzter offers the world’s largest “All-You-Can-Read” subscription service called Magzter GOLD which gives digital readers unlimited access to 9,000+ magazines and newspapers for a monthly subscription price. Magzter also has the largest number of stories in the world with its game-changing ezRead 2.0 feature for its apps, which enables smartphone and small-screen mobile users to enjoy magazine content the way it was meant to be enjoyed, with article text that is easy to read and is accompanied by stunning videos and high resolution photography.

Name

Note: This will only share the cover and the publication information, but not the content.

Please fill out this form if you need any help regarding publishing your content on Magzter

Prior to Magzter, he was the President of Dot Com Infoway (DCI) and Galatta Media. His duties included strategic marketing, partnership development, and monetizing content globally. DCI grew from a small team of 3 in 2000 to 300 by 2011 and was dealing with web, software and app development for clients globally.

Since we launched, Magzter has been committed to partnering with global organizations to provide the greatest possible newsstand technology & service to our customers. Whether you are looking to offer magazine subscriptions to your customer database or just want to learn more, Magzter is committed to helping your business grow. To find out more, please fill out the questionnaire below:

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

This Policy covers Company’s treatment of personally identifiable information (“Personal Information”) and other information about you and your computer or device that Company gathers when you are accessing the Service. We may collect Personal Information from you, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our products, services, content, and advertising, and to allow you to set up a user account and profile, to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described in point 4.

This title is included with your Magzter GOLD subscription

To analyze the quality of content and provide appropriate feedback to publishers

We have designated a Grievance Officer to address any complaints related to objectionable content.

We request that any complaint related to objectionable content be sent to the Grievance Officer through email to the above-mentioned email address. We also request that you provide the following details when making a complaint:

and the App that provides you the capability to order, subscribe to and receive the delivery of various magazines, books, news and magazine and publication related content (collectively known as 'Publications') and to have these digital versions of the Publications delivered to you

c. We also collect information associated with your use of the application in order to make personalized recommendations. If you provide your third-party account credentials to us, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to the Service is covered by this Policy.

f. The Personal Information we collect allows us to respond to your requests, improve our products and services, customize the advertising and content you see, and communicate with you about new products.

is the World's largest and fastest growing self-service, cross-platform digital newsstand with over 87 million users since its inception in 2011 and thousands of magazines and newspapers across 40+ categories and 60+ languages. Headquartered in New York, Magzter has its local presence in Amsterdam, London, Mexico City, Chennai, Mumbai, New Delhi, Bengaluru, Singapore, and will soon be expanding to other countries. Founded by global entrepreneurs, Girish Ramdas and Vijay Radhakrishnan in June 2011, Magzter enables magazine and newspaper publishers around the world to create and deliver digital editions of their titles to global consumers.

n. We will also use usage information in order to ensure users adhere to our Terms of Use. For example, a user’s usage information will help us confirm that a user only downloads a magazine or other content a permitted number of times or to a permitted number of devices.

which gives digital readers unlimited access to 9,000+ magazines and newspapers for a monthly subscription price. Magzter also has the largest number of stories in the world with its game-changing ezRead 2.0 feature for its apps, which enables smartphone and small-screen mobile users to enjoy magazine content the way it was meant to be enjoyed, with article text that is easy to read and is accompanied by stunning videos and high resolution photography.

{{magzter}} is the World's largest and fastest growing self-service, cross-platform digital newsstand with over 87 million users since its inception in 2011 and thousands of magazines and newspapers across 40+ categories and 60+ languages. Headquartered in New York, Magzter has its local presence in Amsterdam, London, Mexico City, Chennai, Mumbai, New Delhi, Bengaluru, Singapore, and will soon be expanding to other countries. Founded by global entrepreneurs, Girish Ramdas and Vijay Radhakrishnan in June 2011, Magzter enables magazine and newspaper publishers around the world to create and deliver digital editions of their titles to global consumers.

Lawteller Magazine - August 2019

Lawteller Magazine - August 2019

In this issue

Lawteller Magazine Description: