September 2018
Permalink Gallery(i) The Tribunal has to first ascertain what activities the claimant could carry on in spite of the permanent disability and what he could not do as a result of the permanent ability (this is also relevant for awarding compensation under the head of loss of amenities of life). (ii) The second step is to ascertain his avocation, profession and nature of work before the accident, as also his age. (iii) The third step is to find out whether (i) the claimant is totally disabled from earning any kind of livelihood, or (ii) whether in spite of the permanent disability, the claimant could still effectively carry on the activities and functions, which he was earlier carrying on, or (iii) whether he was prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions so that he continues to earn or can continue to earn his livelihood.
Permalink GalleryEviction—Personal Necessity-If the landlord requires the tenanted premises to expand his business, then his need is to be presumed to be a bonafide one. Eviction—Other properties—Even if landlord does not disclose that the along with other family members are in possession of other properties, it is not a fatal defect
Permalink GalleryNarcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement ofS.50 NDPS Act—Accused acquitted. Narcotics–Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.
Permalink GalleryExecution of Decree—Objections by subsequent purchaser—Agreement to Sell-Specific Performance—Vendee Lis pendens has no right to resist or obstruct the execution of decree being covered under Order 21 Rule102CPC., but if the person in possession obstructs the execution of decree by showing some semblance of interest in the property on the basis of prima facie evidence, then at least objections should be decided by way of following proper procedure—Dismissal of the objections summarily would not be in consonance with the settled principles of law
Permalink GallerySuit for Recovery-Shortage of gunny bags given by FCI– Appellant was incharge for purchase of wheat—One ‘G’ was also posted as additional incharge of said centre-Since appellant was not solely responsible for the shortage therefore ‘G’ ought to have been impleaded as co-defendant— Decree modified partially by reducing the amount to half liability.
Permalink GalleryIndian Penal Code, 1860, S.307–Attempt to Murder–Bail-Regular bail has been declined to the petitioner primarily on the consideration of the case that he was involved in an unlawful assembly-Without adverting to the merits of the case, since the petitioner is the author of simple injury and the trial may take some time in its conclusion-Bail granted
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Execution of Decree-Eviction Decree- Objection that tenant has become subsequent purchaser (co-sharer) against whom ejectment order has been passed-Held; Subsequent purchaser against whom ejectment order has been passed, are under legal obligation first to surrender possession of the tenanted property and then seek separate remedy of partition-Objection held to be rightly dismissed.
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Bail–NDPS-Recovery of 20 grams of Smack from six other co-accused—Petitioner was nominated as accused on statement of co-accused—Petitioner is involved in other 5 FIRs under NDPS Act—Held; In earlier three cases recovery was of noncommercial quantity and in other cases petitioner was roped in on the strength of S.29 of NDPS Act—Challan has been presented and trial is at initial stage and would take time to conclude—Bail granted
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Bail–NDPS– Commercial Quantity—Recovery of 1 gram of heroine more than the non commercial quantity of 250 gms-Said weight was inclusive of the envelope as the same was weighed along with contraband-Petitioner is in custody from last 6 months-Without adverting to merits of case, bail granted
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Narcotics Drugs and Psychotropic Substances Act, 1985, S.22–Bail—NDPS-Recovery of tablets of Alprazolam and Etizol–Two contrabands have been involved, the composition of Etizol has not been established in Analyst’s report with reference to weight of the tablets and percentage of contraband, therefore, it would be appropriate to grant bail to the petitioner.
Permalink GalleryCheating–Criminal breach of Trust-Anticipatory Ball—Inherent Powers-Petitioner is a real estate developer and he entered into agreement to sell with various persons prior to year 2013–Failure to deliver as per agreement—Directions issued that police would first decide whether it is a civil dispute and further whether the civil dispute has become time barred by grating opportunity to the petitioners to put forward their side of case-Directed accordingly
August 2018
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Rejection of Plaint—Limitation—For deciding an application under Order 7 Rule 11 CPC, the provisions of Article 54 of the Limitation Act are attracted. Cause of Action—Once the limitation starts running from first accrual of cause of action, it will not stop by subsequent enlargement of cause of action as per averments in the plaint.
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Bail–NDPS–Recovery of 9.5 kgs of poppy husk from petitioner and at time he was accompanied by his wife- -As per custody certificate the petitioner is in custody for more than three months- -He is shown to be involved in another criminal case-Wife and co-accused of the petitioner has since been release on bail—The trial is likely to take some time- Without expressing any opinion on the merits of the case—Bail granted
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Abetment to Suicide–Bail–Compromise between the parties-Contention that charges are yet to be framed on account of the fact that FSL report is still awaited—Complainant submits that the matter has been compromised between the parties and he would have no objection in case, regular bail is granted to the petitioner—Without commenting on merits of the case, bail granted
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Attempt to Murder–Bail–Complainant has suffered several fractures in the occurrence and one of the injury has been declared dangerous to life- Considering the fact that the petitioner is in judicial lock up from last 5 months, prosecution evidence is yet to start and two co-accused have already been granted bail, benefit of bail extended to petitioner-Bail granted