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September 2018

Arbitration & Conciliation Act, 1996, S.48–Execution of Award—Foreign arbitral award—Relevant date for conversion of foreign currency into Rupee is the day when the objections under S.48 were finally disposed of.    

By | September 30th, 2018|Arbitration|

Comments Off on Arbitration & Conciliation Act, 1996, S.48–Execution of Award—Foreign arbitral award—Relevant date for conversion of foreign currency into Rupee is the day when the objections under S.48 were finally disposed of.    

Parole-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. 

By | September 30th, 2018|Parole|

Comments Off on Parole-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. 

Parole—Mere recovery of mobile phone from an inmate would not be sufficient to categorise him as a ‘hardcore prisoner’. Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 S.3–Parole— Hardcore Prisoner-Jail offence-Recovery of mobile phone

By | September 30th, 2018|Parole|

Comments Off on Parole—Mere recovery of mobile phone from an inmate would not be sufficient to categorise him as a ‘hardcore prisoner’. Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 S.3–Parole— Hardcore Prisoner-Jail offence-Recovery of mobile phone

Narcotic Drugs and Psychotropic Substances Act, 1985, S.18–Non Commercial quantity-Reduction in Sentence-Petitioner was sentenced to two year-­Reduced to 8 months and 15 days already undergone- Held; (i) During bail appellant has not repeated the offence and was not previous convict and has shown improvement in his character. (ii) Son of appellant is 100% blind and is wholly dependent on him as wife of appellant has already died. (iii) Appellant is only bread earner of family and working as a labourer in private factory-Criminal Procedure Code, 1973,8.482. 

By | September 28th, 2018|Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.18–Non Commercial quantity-Reduction in Sentence-Petitioner was sentenced to two year-­Reduced to 8 months and 15 days already undergone- Held; (i) During bail appellant has not repeated the offence and was not previous convict and has shown improvement in his character. (ii) Son of appellant is 100% blind and is wholly dependent on him as wife of appellant has already died. (iii) Appellant is only bread earner of family and working as a labourer in private factory-Criminal Procedure Code, 1973,8.482. 

Agreement to Sell—Readiness and Willingness—Conduct of the defendant can be seen only after the plaintiff is able to establish his case.

By | September 27th, 2018|Specific Performance|

Comments Off on Agreement to Sell—Readiness and Willingness—Conduct of the defendant can be seen only after the plaintiff is able to establish his case.

Decree holder should not have contested the application and could have given statement for restoration of the same subject to any terms and conditions—To prevent miscarriage of justice application seeking restoration of application filed under O.9 R.13 CPC is allowed.

By | September 27th, 2018|Exparte Decree|

Comments Off on Decree holder should not have contested the application and could have given statement for restoration of the same subject to any terms and conditions—To prevent miscarriage of justice application seeking restoration of application filed under O.9 R.13 CPC is allowed.

SARFAESI—Counter Claim—Suit by borrower claiming certain transaction being sham, null and void—DRT has no jurisdiction to entertain such claims.

By | September 27th, 2018|Corporate cases|

Comments Off on SARFAESI—Counter Claim—Suit by borrower claiming certain transaction being sham, null and void—DRT has no jurisdiction to entertain such claims.

Anticipatory Bail—Outraging modesty of woman—Case of version and cross version—There is no necessity for custodial interrogation—Bail granted

By | September 24th, 2018|Anticipatory Bail|

Comments Off on Anticipatory Bail—Outraging modesty of woman—Case of version and cross version—There is no necessity for custodial interrogation—Bail granted

Accident–income–Contention that deceased was working as a manager and was earning Rs. 20.000/- pm as proved from salary certificate-Held; No record pertaining to the receipt of salary like passbok or income tax returns was produced by the claimants—Income held to be rightly taken as Rs. 10.000/- p.m.–Compensation awarded accordingly.

By | September 24th, 2018|Income|

Comments Off on Accident–income–Contention that deceased was working as a manager and was earning Rs. 20.000/- pm as proved from salary certificate-Held; No record pertaining to the receipt of salary like passbok or income tax returns was produced by the claimants—Income held to be rightly taken as Rs. 10.000/- p.m.–Compensation awarded accordingly.

Agreement to Sell—Specific performance— Executant of agreement was suffering from seizure epilepsy—She resided with her brother (opposite party) for getting treatment — Her IQ was such that see cannot understood the intricacies of legal issues—Held, Once the executant was not is sound disposing mind suit held to be rightly dismissed.

By | September 24th, 2018|Specific Performance|

Comments Off on Agreement to Sell—Specific performance— Executant of agreement was suffering from seizure epilepsy—She resided with her brother (opposite party) for getting treatment — Her IQ was such that see cannot understood the intricacies of legal issues—Held, Once the executant was not is sound disposing mind suit held to be rightly dismissed.

Claim Petition-Value of the F.I.R- it is the earliest version about the accident—If a statement is made at variance with that version, the later statement can only be said to be an afterthought and cannot be relied upon unless a valid explanation is given

By | September 16th, 2018|Claim Petition|

Comments Off on Claim Petition-Value of the F.I.R- it is the earliest version about the accident—If a statement is made at variance with that version, the later statement can only be said to be an afterthought and cannot be relied upon unless a valid explanation is given

Motor Vehicles Act, 1988, S.166-Accident–income–Deceased Child aged 5 years—Notional income taken as Rs. 50,000/- and multiplier of 15 applied–Total compensation of Rs.7.65 laks awarded with interest @7.5% from date of filing claim petition.

By | September 16th, 2018|Income|

Comments Off on Motor Vehicles Act, 1988, S.166-Accident–income–Deceased Child aged 5 years—Notional income taken as Rs. 50,000/- and multiplier of 15 applied–Total compensation of Rs.7.65 laks awarded with interest @7.5% from date of filing claim petition.

(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.

By | September 16th, 2018|Disability|

Comments Off on (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.

Eviction—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

By | September 16th, 2018|Punjab Rent Act|

Comments Off on Eviction—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

Narcotics—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.

By | September 13th, 2018|Narcotics|

Comments Off on Narcotics—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.

Service law—Appointment—Police Service—Scrapping of Limited Competitive Examination(LCE)–Plea of promissory estoppel—Held; principle of promissory estoppel can only be invoked by a person who has changed his position to his detriment on the basis of the promise held out to him

By | September 13th, 2018|Service Cases|

Comments Off on Service law—Appointment—Police Service—Scrapping of Limited Competitive Examination(LCE)–Plea of promissory estoppel—Held; principle of promissory estoppel can only be invoked by a person who has changed his position to his detriment on the basis of the promise held out to him

Execution 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

By | September 5th, 2018|Execution|

Comments Off on Execution 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

Suit 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. 

By | September 5th, 2018|Specific Relief Act|

Comments Off on Suit 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. 

Indian 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

By | September 5th, 2018|Bail|

Comments Off on Indian 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