January 2020
Permalink GalleryHeld; that bona fide requirement claimed by landlord in eviction petition (imparting of free education and free vocational training) does not fall within the purview of tenant to dictate as to which of the property would be suitable for a landlord to run his business-Landlord is the best judge of his own requirement—Eviction upheld.
Permalink GalleryAdditional evidence at Appellate stage—Dismissal of appeal of the appellant on merit by the 1st Appellate Court, without deciding his application for leading additional evidence, in itself amounts to dismissal of said application Additional evidence at Appellate stage–Any such application has to be decided with the main appeal, without passing any interlocutory order
Permalink GalleryMurder–Intention to kill-Alteration of Charge-Appellant gave blow with reverse side of axe on the vital part (brain) of deceased-Other appellants administered beatings to deceased with iron rods~Thus the appellants had intention to cause death of deceased–Hence the cause would be covered u/s 304 Part I and not u/s 304IPC part II–Conviction of appellants modified from S.302 IPC to 304 IPC part I.
Permalink GalleryRegistration of Marriage—Registrar of marriages cannot refuse to register the marriage merely on the ground that the party of marriage was below the prescribed age at the time of marriage even though they have attained the marriageable age at the time of giving application for registration of marriage
Permalink GalleryParole– Marriage of Son–Non completion of one year of imprisonment after conviction- -Held; that the restriction of one year of imprisonment after conviction to be eligible for temporary release had been imposed by Rule 4 of the 2007 Rules and it could not supersede the substantive provisions of the Act, which contained no such restriction-Parole granted.
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Written Statement–Non filing of within 90 days-Striking off defence—Held; Delay in filing written statement was because of his medical condition and the fact that he was availing his legal remedies before the Trial Court as also in line with the principles of natural justice so as not to preclude the petitioner from raising his written defence at the threshold of the litigation filed against him-Permission granted to file written statement subject to costs.
Permalink GalleryKidnapping–Rape–Bail-Victim is major-Her wavering stand and also that of her father during investigation raises a debatable issue over the applicability of offence under S.363 and S.376 IPC which can only be adjudicated at the time of trial–In such circumstances, it would be the travesty of justice by the keeping accused behind the bars—Bail granted
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Narcotics—Disposal of seized contraband—Taking of Sample by Magistrate- -After Seizure of contraband an application for drawing of a sample and certification thereof, by Magistrate is mandatory Narcotics—Bail—Disposal of seized contraband—Samples were to be drawn by Magistrate where not seen by him—Petitioner held entitled to bail
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Sexual Harassment at Workplace—Internal Complaints Committee- Bias in selection of Committee persons–Every allegation/ apprehension of bias, even if unfounded, against the Committee or any of its members, would not justify the re-constitution of the Committee or grant of stay on its proceedings