October 2018
Permalink GallerySuccession—After partition of the Joint Hindu Family property amongst the family members, property becomes self acquired property of holder thereafter. Specific Performance-A Karta of the joint Hindu family has a right to sell the property for legal necessity. Once a Karta enters into an agreement to sell, he cannot be allowed to avoid specific performance thereof on the ground that the property is a joint Hindu family property
Permalink GalleryElectricity Act, 2003, S.127–Unauthorised use of Electricity—Appeal—Demand Notice-Permanent Lok Adalat for Public Utility Service has no jurisdiction to adjudicate/decide the suit after failure of conciliation; in wake of right of appeal available to consumer-Legal Services Authorities Act, 1987, S.22-C
Permalink GalleryKidnapping for Ransom-Murder-Acquittal-There is no material attribution to appellant (co-accused) at the time of murder or calling for ransom-Salary slip belonging to father of deceased was recovered from the house of appellant-Held; Only this circumstance is insufficient to connect appellant with the crime beyond doubt
Permalink GalleryRes judicata-Agreement to Sell- -Injunction–Once the relief has been sought in the previous suit and the same has been declined and the matter is already sub judice, the second suit claiming simple injunction on the basis of same agreement to sell is barred by the principal of res judicata
Permalink GalleryEviction—Mesne Profits—Premises taken on lease long back—Mesne profits payable by such tenant cannot be compared with the rent settled with tenants of adjoining or nearby shops. Eviction—Mesne Profits—Lease deeds produced by parties are only a guiding factor for the Court and are not to be blindly followed. Eviction—Mesne Profits—Lease deeds of banks—Not to be taken as exemplar because banks get many additional facilities while taking the premises on rent. Eviction—Mesne Profits—Escalation clause in the lease deed executed between the parties is adequate and reasonable factor to be considered while determining mesne profits.
September 2018
Permalink GalleryParole-Jail Offence—Possession of mobile phone in jail premises—Held; that there is no allegation against the petitioner that he has misused the mobile phone/sim card for either to be blackmail someone or to demand ransom or for any other purpose of complicit in any other crime while being in jail—Direction issued to reconsider the application.