Service Cases Appointment of appellant can only be construed as irregular and not illegal – Appellant is held entitled to be regularized with all consequential benefits – Appeal allowed. Finding recorded by the Division Bench of the High Court in respect of nature of the appointment of the appellant being illegal is thus not liable to be sustained – Her rejection of the claim for regularization on the ground of her appointment being illegal by the impugned order is patently erroneous. August 22, 2021 phlaw
Claim Petition Claim for compensation – A statutory claim for compensation arising out of an accident by the person who has sustained the injury- HELD Compensation under the head pain and suffering being personal injuries is held to be unsustainable and is disallowed – August 22, 2021 phlaw
Cheque Bounce SCOI HELD that deposit of fine amount cannot be made a condition precedent for hearing revision petition under Section 397 of the Criminal Procedure Code. August 8, 2021 phlaw
Exparte Decree Exparte decree against minor – Appointment of guardian – High Court found that the exparte decree was a nullity, as it was passed against a minor without the minor being represented by a guardian duly appointed in terms of the procedure contemplated under Order 32, Rule 3 of the Code – Therefore, the High Court, exercising its power of superintendence under Article 227 of the Constitution, set aside the exparte decree itself . ORDER UPHELD August 8, 2021 phlaw
Bail - Cancellation Murder – Cancellation of Bail – High court grants bail in second bail application without discussion or analysis of circumstances – Observations made by the High Court “considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the second bail application” does not constitute the kind of reasoning which is expected of a judicial order August 8, 2021 phlaw
Quashing CrPC – S 482 – IPC – Ss 409, 420, 467, 468, 471 and 477A read with 120B – In exceptional cases with caution and circumspection, giving brief reasons, High Court has power passed to pass an protection interim order. there may be allegations of abuse of process of law, converting a civil dispute into a criminal dispute, with a view to pressurize the accused. High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud. August 8, 2021 phlaw
Arbitration Arbitral Award – Modification of – No power of modification of an award exists in Section 34 of the Arbitration Act, 1996 – Hence, if one were to include the power to modify an award in Section 34, one would be crossing the Lakshman Rekha. August 8, 2021 phlaw
Rejection of Plaint (CPC) – Order 7 Rule 11(d) – Once Plaint is rejected under Order 7 Rule 11(d) there is no occasion to direct that an amendment be made to the plaint. August 8, 2021 phlaw
Bail - Cancellation India cannot have two parallel legal systems, “one for the rich and the resourceful and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice or fight injustice.” The existence of a dual legal system will only chip away the legitimacy of the law. – Order of High Court shall stand set aside – Bail cancelled August 8, 2021 phlaw
