• 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


• “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


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

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


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December 2021

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 2021

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