Acquisition of land _ Declaration u/s 6 would be non est if it is not published within a period of one year from the date of the last publication of Section 4 notification. (See 2015 (12) LJSOFT (NAG) 9)
Addition of accused _ Allegations against Investigating Officer that he helped the accused persons unlawfully _ It would be another offence, if any, for which separate trial would be necessary _ Provisions of Section 319 of Cr.P.C. cannot be invoked.. (See 2015 (12) LJSOFT (AUR) 16)
Appreciation of evidence _ Refreshing the memory has to be done before the Court and not stealthily _ Impermissible for a witness to stealthily refresh his memory before entering the Court and deposing about the entire evidence. (See 2015 (12) LJSOFT (AUR) 148)
Arbitrator _ Appointment of _ Parties are Indian and had agreed to the seat of the arbitration at Singapore _ Since both the parties are from India the parties cannot be allowed to derogate from Indian law _ This is part of the public policy of the country _ Said agreement which provides for arbitration in India thus does not violate section 28(1)(a) _ Proceedings filed u/s 11(6) maintainable. (See 2015 (12) LJSOFT 104)
Arbitration proceedings _ Commodity Exchange Trading _ Margin money _ Shortfall in margin money _ Petitioner could not have squared off the open position of the respondent without demanding any additional amount. (See 2015 (12) LJSOFT 134)
Caste certificate _ Invalidation of _ Petitioner has completed M.B.B.S. course as a reserved category student on the basis of interim order which continued in operation for last about 16 years _ Public money spent on his education cannot be allowed to be lost by invalidating the educational qualifications. (See 2015 (12) LJSOFT (NAG) 24)
Chapter proceedings _ Dispute regarding possession of plot _ Section 145 of Cr. P.C. is not meant for declaration of possession or ownership of the parties over the property. (See 2015 (12) LJSOFT 166)
Criminal trial _ I.O. withholding a statement of victim recorded by the Executive Magistrate _ I.O. expected to remain impartial and place all the material is collected during the course of investigation _ He cannot be choosy of filing only those documents or placing only that material which, according to him, is against the accused person _ Fit case where the adverse inference could be drawn against the prosecution. (See 2015 (12) LJSOFT (NAG) 10)
Disciplinary enquiry _ Non-teaching staff in college _ Rule 46 of the Rules of 1984 provides for the procedure for imposing major penalty _ Preparation and giving of articles of charge by the Enquiry Officer is a serious lapse and impermissible under the service jurisprudence _ If such an exercise is permitted, it will amount to permitting a person to be a judge in his own cause. (See 2015 (12) LJSOFT (NAG) 111)
Dishonour of cheque _ Service of notice _ No evidence to prove that the complainant had dispatched the notice at the proper address either by R.P.A.D. or by certificate of posting _ Deeming provision u/s 27 of General Clauses Act cannot be invoked. (See 2015 (12) LJSOFT 37)
Divorce _ Appellant proved that after the solemnization of his marriage the respondent no.1 was guilty of voluntary sexual intercourse with some other person resulting in birth of her son _ In the light of the DNA report, presumption u/s 112 of Evidence Act would stand rebutted _ Appellant made out a case for grant of divorce u/s Section 27(1)(a) of Special Marriage Act. (See 2015 (12) LJSOFT (NAG) 13)
Divorce _ Permanent alimony _ Respondent-wife was unchaste as she had voluntary sexual intercourse with a person other than the appellant during the subsistence of the marriage and had also conceived a child through the said person _ Section 25(3) of H.M. Act makes it clear that an unchaste wife would not be entitled to permanent alimony. (See 2015 (12) LJSOFT (NAG) 29)
Eviction proceedings _ Arrears of rent _ Landlord cannot take advantage of his conduct in not accepting rent sent by the tenant and then give a notice saying that the tenant is in arrears of rent for more than six months. (See 2015 (12) LJSOFT 62)
Eviction proceedings _ Permanent construction/ alterations _ Erection of shed on the front side of suit premises by implanting iron pole in cement and concrete to protect customers from the rains _ There is neither any element of permanency, nor any question of intention to put up any permanent structure upon the suit premises _ Said temporary structure is not within the contemplation of Section 16(1)(b) of the Rent Act. (See 2015 (12) LJSOFT 62)
Eviction proceedings _ No capital contributed by tenant and was not at all actively associated with the partnership business _ Tenant has parted with his possession of the suit premises in lieu of consideration of Rs.800/- p.m. _ So-called partnership was nothing but a camouflage to conceal the real transaction of unlawful subletting. (See 2015 (12) LJSOFT 75)
False caste certificate _ Certificates issued by the competent authority admittedly before the Act of 2000 came into force _ Constitutional guarantee under Article 20(1) of the Constitution of India shows prohibition to make the provisions for offences in any law retrospectively _ Provisions of Section 13 held to be prospective in nature and cannot be held to be retrospective in operation. (See 2015 (12) LJSOFT (NAG) 96)
House trespass _ It is requisite for the person to have mens rea, without which, no criminal house trespass can be inferred _ Women accused had simply followed the other accused persons with no intention _ They cannot be held guilty of the offence u/s 451 of IPC. (See 2015 (12) LJSOFT (NAG) 130)
Interim maintenance _ Educational expenses of daughter _ Court exercising powers and jurisdiction u/s 125 Cr.P.C. will be within its ambit to pass necessary orders for interim maintenance. (See 2015 (12) LJSOFT (NAG) 33)
Interim maintenance _ Grant of maintenance pendente lite in proceedings filed u/s 7 of the Act of 1890 _ Welfare of the minor that has been granted prime importance _ Family Court in exercise of its inherent powers u/s 151 of CPC can even otherwise direct payment of interim maintenance to the minor child in proceedings u/s 7 of the Act of 1890. (See 2015 (12) LJSOFT (NAG) 67)
Motor accident _ Compensation _ Deceased was working as an Assistant Teacher in a non-aided school and last drawn actual salary was Rs.2,800/- p.m. _ Considering the statutory provisions of the MEPS Act and the other evidence, had the deceased continued in service, he would have been regularized in his employment and would have been entitled to the benefit of the 6th pay commission _ Tribunal rightly considered the salary of Rs.40,000/- p.m. (See 2015 (12) LJSOFT 5)
Motor accident _ Compensation _ Income of both the husband and wife are equally important for running the house as they supplement each other’s income _ Cannot be generally said that as the other spouse (surviving) is earning, there is no dependency _ Contention that husband-claimant was not dependent on the income of his wife cannot be accepted. (See 2015 (12) LJSOFT 3)
Pensionary benefits _ Cause of action would accrue to the petitioner every month _ At the most the relief could be restricted to the period of three years, if the claim is found to be sustainable. (See 2015 (12) LJSOFT (NAG) 39)
Presidents of District Consumer Redressal Forum _ No justification for denial of leave encashment benefit to an Advocate who is appointed as President of Consumer Forum. (See 2015 (12) LJSOFT 26)
Quashing of criminal proceeding _ Causing mischief to public property by followers of applicant _ Applicant was not present where the incident took place Nothing to show that his speech was provocative and was heard by other accused _ Allegations made against the applicant would not amount to abetment _ Proceedings quashed. (See 2015 (12) LJSOFT (AUR) 2)
Quashing of criminal proceeding _ Obscene acts in films _ Films had passed the test of Censor Board and the certification by the Censor board could not have been ignored even by Magistrate. (See 2015 (12) LJSOFT (NAG) 4)
Quashing of F.I.R. _ Business of money lending _ Merely referring to one isolated transaction claimed to be a loan transaction or money lending would not be enough to show that the petitioner was involved in “business of money lending” without licence _ FIR quashed. (See 2015 (12) LJSOFT (AUR) 15)
Recording of evidence by the Assistant Sessions Judge _ Rape case _ Section 28 of Cr.P.C. makes only distinction regarding which class of Judges can pass sentence for different quantum _ It does not mandate anything recording of the evidence by particular class of Sessions Court in the matter of offences which are triable by the Sessions Court. (See 2015 (12) LJSOFT 100)
Recovery proceedings _ Mortgaged property cannot be redeemed on payment of a part of the mortgage money _ If the mortgaged property has to be redeemed the entire mortgage money has to be tendered. (See 2015 (12) LJSOFT 57)
Redemption of term deposit accounts on maturity _ Title to the moneys and to whom they should be paid ought not be a matter of concern for bankers _ Unless and until there is a specific restraint order, the bank cannot discharge its normal banking functions _ Bank cannot in the garb of a alleged title dispute refuse to abide by its contractual obligation with a customer. (See 2015 (12) LJSOFT 6)
Registration of document _ Delay purely attributable to the Collector of Stamps for determination of the stamp duty _ Said period is required to be excluded. (See 2015 (12) LJSOFT 131)
Reserved post _ Protection of services _ School Tribunal has no jurisdiction to hold either that the respondent No.1 did or did not commit fraud or that he did or did not fabricate the caste certificate showing that he belongs to Scheduled Tribe category. (See 2015 (12) LJSOFT (NAG) 136)
Return of Sonography Machine _ It makes no good by just handing over the machine on the Supratnama in a sealed condition _ Keeping the machine in a sealed condition will not serve the purpose of anybody. (See 2015 (12) LJSOFT (NAG) 40)
Sanction for prosecution _ Police officers _ Acts done under colour of duty _ Sanction of the State Government granted after two years from the date of offence was barred by limitation as prescribed u/s 161 of B.P. Act. (See 2015 (12) LJSOFT 167)
Succession Certificate _ Remarriage of widow _ There is no provision that disqualifies a widow of a male Hindu from inheriting from her husband if she remarries, after his death. (See 2015 (12) LJSOFT 92)
Tenancy rights _ Contention that tenancy in respect of the commercial premises can devolve only upon such member of the deceased tenant’s family, who was using the premises along with the original tenant at the time of such original tenant’s demise cannot be accepted _ Even otherwise the respondent is the son and therefore the legal heir of the deceased original tenant and is clearly covered under the second part of the definition of ‘tenant’ u/s 7(15)(d) of the Rent Act. (See 2015 (12) LJSOFT 76)
Tenancy _ Legal heirs _ Plaintiff is the widow of the original tenant and was staying along with him in the suit property at the time of his death _ Defendant is the son of step daughter of the tenant _ Even if he is considered to be the heir, he shall not become a tenant. (See 2015 (12) LJSOFT 61)
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