Contract — Concluded contract — Once contract is concluded orally or in writing, mere fact that a formal contract has to be prepared and initialled by parties would not affect either acceptance of contract so entered into or implementation thereof, even if formal contract has never been initialled.

Service Law — Classification of Officers — Persons drawn from different sources and integrated into one class/cadre/category cannot be classified into separate categories for purposes of promotion on basis of source from which they were drawn.

Consumer Protection — Insurer, as subrogee held entitled to file complaint under Consumer Protection Act in name of assured or in joint names.

Interpretation of Statute — When language is clear and unambiguous, there is no need to apply tools of interpretation.

Rent Control and Eviction Laws — Proceedings instituted by deceased owner of property for bona fide personal requirement could not be continued by legal heirs left behind by him.

Border Security Force Act, 1968 — Section 117(2) — Summary Security Force Court is not required to give reasons in support of its verdict under Rule 149 or by Appellate Authority under Section 117(2) of Act.

Discharge — If two views are possible and one of them gives rise to suspicion only, Trial Judge will be empowered to discharge accused.

Evidence — Admissibility of extra-judicial confession against co-accused — Their probative value, admissibility and reliability are matters for evaluation after trial.

Medical Negligence — Cannot be attributed to doctor merely because his conclusion differs from that of other professional doctors.

Arbitration Law — Arbitration Proceedings are costly and time taking, but problem can be resolved only by suitably amending arbitration clause.

Land Acquisition Act, 1894 — Section 6 — Declarations — Can be issued piecemeal.

Workmen’s Compensation — Employer’s liability for compensation — There has to be accident which occurred in course of workman’s employment.

Interpretation of Statutes — Constitutional provisions have to be construed broadly and liberally having regard to changed circumstances, the needs of time and polity.

Investigation — Investigation by CBI — High Court in exercise of writ jurisdiction can direct CBI to investigate cognizable offence, alleged to be committed within territory of State without consent of State Government.

Judicial Review — Doctrine of Separation of Powers cannot curtail power of judicial review, conferred on constitutional Courts even in situations where fundamental rights sought to be abrogated or abridged on ground that exercise of such power would impinge upon said doctrine.

Municipalities — Removal of President of Nagar Palika — Powers by State Government not to be exercised for minor irregularities in discharge of duties by holder of elected post.

Contempt of Court — Order of Court not complied due to mistake, inadvertence, etc. no case for contempt made out.

Land Acquisition — Collector cannot condone delay in filing an application seeking reference even if sufficient cause is shown.

Market Value — Burden of establishing/proving the market value of lands is always on the claimants.

Land Acquisition Act, 1894 — Section 54 — Appeal would not lie under Section 54 of act against order of Collector refusing to make reference.

Specific Relief Act, 1963 — Section 6 — Where a tenant in exclusive possession is dispossessed forcibly by person other than landlord, landlord can maintain suit against such person for possession, not absolutely necessary to implead tenant as party to such suit.

Interpretation of Statutes — Social welfare legislation — Paramount duty of the Court is to adopt such an interpretation as to further the purposes of law and if possible eschew the one which frustrates it.

Limitation Act, 1963 — Section 5 — There should be liberal approach in condoning delay of short duration and a stricter approach where delay is inordinate.

Securities and Exchange Board of India Act, 1992 — Sections 4(3), 11 — Chairman of SEBI can invoke Section 11B of Act in conjunction with Sections 4(3) and 11, restraining respondent from associating with any corporate body in accessing the securities market and prohibiting him from buying, selling or dealing in securities.

Taxation — Substantive laws to be applied for determination of tax liability must be the law which is in force in relevant assessment year.

Central Reserve Police Force Rules, 1955 — Rule 28 — Appeal — Mere letter for re-employment could not have been treated as an appeal under Rule 28 of CRPF Rules.

Criminal Trial — Doubts or lacunae in case of prosecution may result in benefit of doubt being given to accused and consequential acquittal .

Criminal Trial — Injuries caused by gun shots — Difference of opinion between two doctors — Both are not Ballistic Experts, difference of opinion between experts necessarily may not persuade Court to adopt one approach.

Criminal Trial — Accused to prove his defence as prosecution is liable to prove case as stated in FIR and report filed by it under Section 173, Cr.P.C.

Principle of “ejusdem generis” — It is a principle of construction, meaning thereby when general words in a statutory text are flanked by restricted words, meaning of general words are taken to be restricted by implication with the meaning of restricted words.

Service Law — Department Inquiry — Quashing sought on ground of non-supply of copy of inquiry — Prejudice must be proved and not presumed even in cases where procedural requirements have not been complied with.

Constitution of India, 1950 — Article 136 — Apex Court does not interfere with finding of acquittal recorded by High Court unless that finding is vitiated by some glaring infirmity in appraisement of evidence.

Rape — Prosecutrix could not be believed irrespective of improbabilies in her story.

Town Planning — Violation of permitted user of land — Extent of construction is a question of fact — Single Judge and Division Bench after examining records concluded that there was no excess construction — Apex Court’s re-examining question of fact does not arise.

Constitution of India, 1950 — Article 136 — Power under Article 136 cannot be used to short circuit legal procedure prescribed in overriding power.

Criminal Trial — Every injury is not liable to be explained when accused pleads a defence but contrarily an obligation does lie on prosecution to explain presence of serious injury.

FIR — When soon after the occurrence FIR is lodged at police station, false story being cooked up and/or false implication of accused stands ruled out.

Interest — Award of — Interest unless otherwise specified, refers to simple interest, that is interest paid on only the principal and not on any accrued interest.

Principle of Admini stra tion of Justice — No Court has competence to issue direction contrary to law nor Court can direct authority to act in contravention of statutory provisions.

Civil Procedure Code, 1908 — Order 17 Rule 1 — A suit cannot be dismissed for non-payment of costs.

Civil Procedure Code, 1908 — Order 41 Rule 27 — When an application under Order 41 Rule 27, CPC filed by appellants, it was the duty of High Court to deal with same on merits.

Criminal Trial — There is nothing in law that precludes defence to rely on their evidence.

Land Acquisition — Merely on the basis of circle rate, market value for acquired lands cannot be fixed.

Limitation — Condonation of delay — What constitutes sufficient cause cannot be laid down by hard and fast rule.

Arbitration Law — Objections against Arbitration Award — Not valid being premature — Filing an objection against something which did not exist on the date when objection was filed is unacceptable and must be rejected.

Evidence — Once it is found that circumstances could not point out towards guilt of accused, without any other inference being probable, accused must get benefit of doubt.

Practice and Procedure — Normally Court should be slow to interfere with opinions expressed by experts.

Judicial Order — Every judicial order must be supported by reasons recorded in writing — It ensures transparency and fairness in decision making.

Civil Procedure Code, 1908 — Section 11 — Res judicata — Res judicata will not operate as a bar for entertaining a fresh cause of action.

Precedent — Per incuriam — Principle of per incuriam has relevance to doctrine of precedents but has no application to doctrine of res judicata.

Stamp Duty — Prevention of evasion — Circle rates are fixed from time-to-time and notification is issued in this regard.

Civil Procedure Code, 1908 — Section 11 — Res judicata — Res judicata will not operate as a bar for entertaining a fresh cause of action.

Precedent — Per incuriam — Principle of per incuriam has relevance to doctrine of precedents but has no application to doctrine of res judicata.

Stamp Duty — Prevention of evasion — Circle rates are fixed from time-to-time and notification is issued in this regard.

Res Judicata — Court is barred from entertaining an issue which has already been decided previously by any Court of law.

Succession — Settlement Deed or Will — Determination of — Nomenclature of instrument is not conclusive and Court is required to look into substance thereof.

Tenancy Law — Permanent lease which provides terms result into tenant-landlord relationship.

Government Decision — Notings recorded in the files cannot be made basis for recording a finding that the ultimate decision taken by the Government is tainted by mala fides or is influenced by extraneous considerations.

Acquittal — Reversal of, without affording opportunity of being heard results in violation of principles of natural justice.

Service Law — Parity in pay scale cannot be claimed merely on basis that earlier the subject post and reference category posts were carrying same scale of pay.

Principle of equal pay for equal work is not a fundamental right but a constitutional goal.

Town Planning — Allotment of Residential Plots — No promise made to applicants they will get residential plots — High Court rightly refused to invoke doctrine of promissory estoppel in favour of writ petitioners.

Foreign Liquor — Licence for Sale of Foreign Liquor (FL-2 Licence) — Grant of — No citizen has fundamental right to carry on trade or business in liquor.

Income Tax Act, 1961 — Section 37(1) —Loss suffered by assessee on account of fluctuation in rate of foreign exchange as on date of balance-sheet was an item of expenditure under Section 37(1) notwithstanding that liability had not been discharged in year in which fluctuation in rate of foreign exchange occurred.

Interpretation of Statutes — “Purposive Construction” has often been employed to avoid a lacuna and to suppress the mischief and advance the remedy.

Arbitration Act, 1940 — Section 30 — Unreasonableness of an Award is not a matter for the Court to consider unless award is per se preposterous or absurd.

Document — Mere marking of exhibit on document does not dispense with its proof.

Electricity Law — There is no provision in Electricity Act, 2003 or regulations framed by State Electricity Board to regularise unauthorised use of electricity.

Evidence — Admission of documents may amount to admission of contents but not its truth.

Land Laws — Land-owners under Land Acquisition Act vis-a-vis Requisition and Acquisition of Immovable Property Act or Defence of India Act, are not similarly situated — Solatium and interest on the amount of compensation are not legally sustainable.

Marine Insurance Act, 1963 — Sections 3, 4, 5, 7, 19, 23, 25 — Marine Insurance Policy — Consignment misdelivered — Policy obtained on representation that transactions were on C.I.F. basis (cost insurance and freight basis) — Insurance company absolved from liability.

Criminal Procedure Code, 1973 — Section 156(3) — In ordering an investigation Magistrate not empowered to take cognizance of offence.

Income Tax Act, 1961 — Section 271(1)© — A mere making of claim, which is not sustainable in law, by itself, would not attract penalty under Section 271(1)©.

Industrial Disputes Act, 1947 — Section 10(1) — Subject of retrenchment is fully covered by the statute, not open for employer to make a demand in that connection and to get the ensuing industrial dispute referred for adjudication.

Quashing of Charge-sheet — Allegations made in the First Information Report and the materials collected during the course of the investigation are required to be considered

Special Leave Petition — Matters which are of national or public importance, which involve substantial questions of law relating to interpretation of Constitution of India, where Court is satisfied that there has been a grave miscarriage of justice and where a fundamental right of a person has prima facie been violated, should be carried in SLP.

Constitution of India , 1950 — Arts. 141, 142 — Binding precedent — Any direction given on special facts, in exercise of jurisdiction under Art. 142 is not a binding precedent.

Evidence — Circumstantial Evidence — For a crime to be proved it is not necessary that crime must be seen to have been committed.

Indian Penal Code, 1860 — Sections 306, 107 — Words uttered in a fit of anger or emotion without any intention cannot be termed as instigation.

Interpretation of Statutes — Provisions of a statute must be construed so as to give them a sensible meaning.

Principle of Legitimate Expectation — It is not a legal right — But an expectation of benefit, relief or remedy that may ordinarily flow from promise or established practice.

Service Law — Seniority once settled is decisive in upward march in one’s chosen work or calling and gives certainty and assurance and boosts the morale to do quality work.

Insurance Act, 1938 — Section 64UM — Insurance Company has to give valid reason for not accepting Surveyors report & appointing another Surveyor.

Remission of Sentence — Policy to be considered is the one existing on date of conviction of accused and not on date of premature release by Appropriate Authority.

Service Law — Service dispute — Directions given by CAT — Challenge against — Not open to litigant to directly approach High Court and CAT has jurisdiction of review.

Constitution of India, 1950 — Arts. 14, 32, 142 — This Court cannot sit in judgment over whether investigations should be launched against politicians for alleged acts of corruption.

Guardianship — Custody of child — Welfare of the child may have a primacy even over statutory provisions.

Hindu Marriage Act, 1955 — Section 26 — Custody orders are always considered interlocutory orders.

Interpretation of Statutes — While construing the word Court must not be oblivious of context in which it has been used.

Service Law — Promotion — Right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16 of Constitution.

Interpretation of Statutes — Court cannot add anything into statutory provision, which is plain and unambiguous — Language employed in a statute itself determines and indicates legislative intent.

Land ACquisition — Compensation — Determination of — Potentiality of land for development and surrounding areas to be considered.

Court Fee — Suit for declaration, joint possession and injunction governed by Section 7(iv)© of Act.

Interpretation of Statutes — If literal interpretation leads to absurd consequences, it should be avoided, and purposive interpretation be given.

Service Law — Members of one homogeneous group have to be treated equally.

Right to equality in public employment — Reasonable classification of employees permissible under Arts. 14 and 16 of Constitution.

IX (2009) SLT 79

A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 — Sections 2(r), 2(w), 19, 32, 34, 37A, 38, 38E, 47 — A.P. Land Ceiling Act, 1973 — “Protected Tenant” — Cannot be dispossessed illegally by landlord or anybody else — If so dispossessed he has a right to restoration of possession — He can be dispossessed only by taking recourse to procedure prescribed under Section 32 of Act 1950.

IX (2009) SLT 92

Indian Penal Code, 1860 — Sections 363, 366A, 376 — Kidnapping for Ransom, Rape — Benefit of doubt — Prosecution failed to produce any admission form of school as primary evidence regarding age of prosecutrix unsafe to base conviction on approximate date holes.

IX (2009) SLT 79

Interpretation of Beneficial Legislation with a narrow pedantic approach is not justified — In case, there is any doubt, Court should interpret beneficial legislation in favour of beneficiaries and not otherwise as it would be against legislative intent.

IX (2009) SLT 79

Precedent — Challenge to consequential order without challenging basic order/statutory provision on basis of which order has been passed cannot be entertained.

IX (2009) SLT 79

— —Grant of right or permit/licence under any statutory provision requires determination of rights and entitlement of parties — Once such a right is determined, issuance of order on basis of such determination remains ministerial act.

IX (2009) SLT 54

Municipalities — Illegal and unauthorised construction — Punishment of wrong-doer — Great loss to parties/occupiers — Powers and duty of Courts.

IX (2009) SLT 36

TADA — Confessional statement recorded by Police Officer not below rank of Superintendent of Police and same also admissible in evidence.

IX (2009) SLT 20

Acquittal — Reversal of Judgment — This Court would be ordinarily slow in interfering in order of acquittal.

IX (2009) SLT 1

Indian Penal Code, 1860 — Section 302 — Outcome of social issues like marriage with person of lower caste — Sentence of life imprisonment of 25 years imposed.

IX (2009) SLT 1

Sentence — Death sentence — Imposition of — Court must weigh circumstances justifying grant of death sentence vis-a-vis mitigating circumstances.

VIII (2009) SLT 682

Constitution of India, 1950 — Article 14 — Guarantee of equality before law under is a positive concept and cannot be enforced in negative manner.

VIII (2009) SLT 682

Limitation — Delay/laches — When a belated representation in regard to ‘stale’ or ‘dead’ issue/dispute is considered and decided, in compliance with direction by Court/Tribunal to do so, date of such decision cannot be considered as furnishing fresh cause of action for reviving ‘dead’ issue or time-barred dispute should be considered with reference to original cause of action.

VIII (2009) SLT 697

Railway Services — Pension — Benefit of adding certain years of service under Rule 2423-A (as amended) of railway establishment code to be given only to those officers who retire from service after 31.3.1960.

VIII (2009) SLT 682

Service Law — Pension Scheme — Option to switch over — When a scheme extending benefit of option for switch over, stipulates that benefit will be available only to those who exercise option within specified time, option should be exercised within such time.

VIII (2009) SLT 643

Criminal Trial — Discrepancy as to place of offence assume significance only when defence is able to establish that change of the spot was deliberate and such a change was so substantial as would affect the whole prosecution story.

VIII (2009) SLT 650

Election Law — Courts cannot decide any issue relating to issuance of revision of electoral roll.

VIII (2009) SLT 650

— — Delimitation of Constituencies — Election Commission’s power with respect to delimitation of constituencies extends to correcting any mistakes which might have crept in delimitation order.

VIII (2009) SLT 640

Costs — Can be ordered to be paid to legal services authority where both the parties are at fault.

VIII (2009) SLT 632

Dishonour of Cheque — Once a person is allowed to compound a case as provided for under Section 147 of Act, conviction under Section 138 of Act should also be set aside.

VIII (2009) SLT 640

Exemplary Costs — Levied where a claim is found to be false or vexatious or where party is found to be guilty of misrepresentation, fraud or suppression of facts.

VIII (2009) SLT 619

Labour Law — Full Back wages — To be awarded only after recording of cogent reasons.

VIII (2009) SLT 624

Matrimonial Law — Divorced muslim wife — Entitled to claim maintenance from her divorced husband, as long as she does not remarry under Section 125 of Cr.P.C. and claim maintainable only before family Courts.

VIII (2009) SLT 577

Constitution of India, 1950 — Article 14 — Vested right not taken away, Article 14 not applicable.

VIII (2009) SLT 577

— — Art. 254 — Applicable — Only in case where two statutes are enacted under the concurrent list and not in other case.

VIII (2009) SLT 577

Constitutional Law — Presidential Assent — Not necessary for enacting a statute which came within purview of List II of VII Schedule of Constitution.

VIII (2009) SLT 577

Doctrine of “Colourable Legislation” — Can be invoked if legislature have transgressed limits of its constitutional power patently, manifestly and directly.

VIII (2009) SLT 577

Interpretation of Statutes — Right which may be conferred by statute can also be taken away by another.

VIII (2009) SLT 577

Judgment — Cannot be overruled by Legislature but it can remove basis on which judgment has been rendered.

VIII (2009) SLT 546

Evidence Act, 1872 — Section 32 — When a person makes statement in expectation of death, same cannot be treated as dying declaration and statement is not admissible under Section 32.

VIII (2009) SLT 563

Interpretation of Statutes — Marginal note to a section cannot be referred to for the purpose of construing the section but it can certainly be relied upon as indicating the drift of the section.

VIII (2009) SLT 555

Service Law — Time bound promotion — Statute made under Section 36 of Bihar Agricultural Universities Act, providing for benefit of teaching staff, cannot be enforced in absence of publication in Official Gazette as said requirement is mandatory.

VIII (2009) SLT 532

Arbitration Law — Law does not provide that arbitration clause incorporated in contract should be stamped.

VIII (2009) SLT 528

Criminal Procedure Code, 1973 — Section 428 — A person convicted in several cases and has suffered detention or imprisonment in connection therewith, not entitled to benefit of set-off in separate case for period of detention or imprisonment undergone by him in other cases.

VIII (2009) SLT 541

Land Acquisition — Compensation— Enhanced compensation can be directed to be paid to claimants/appellants in event claimant/appellant deposit requisite Court fees on enhanced amount.

VIII (2009) SLT 520

Reservation — Scheduled Castes and Scheduled Tribes — Not mandatory but discretionary provision — No writ can be issued to effect reservation.

VIII (2009) SLT 520

— — Scheduled Castes and Scheduled Tribes — Post-graduate — Medical education — Every State can take its own decision with regard to reservation depending on various factors.

VIII (2009) SLT 500

Criminal Procedure Code, 1973 — Section 156 — Investigating agency cannot refrain itself from holding proper and complete investigation merely upon concluding that offences had been committed beyond its territorial jurisdiction.

VIII (2009) SLT 510

Injunction — If party fails to prove prima facie case to go for trial, not open to Court to grant injunction, even if, balance of convenience lies in his favour.

VIII (2009) SLT 506

Practice and Procedure — Merely because a person has come to Court, would not ipso facto entitle petitioner to relief on very terms on which prayer is made.

VIII (2009) SLT 455

FIR — Quashing of — Prima facie commission of offences made out — FIR not liable to be quashed.

VIII (2009) SLT 451

Income Tax Act, 1961 — Section 154 — Rectification of Mistake — Decision on debatable point of law cannot be treated as mistake apparent from record.

VIII (2009) SLT 466

Land Acquisition — Even if compensation is not paid or is short of 80%, acquisition would not suffer — The only result that may follow by non-payment would be payment of interest.

VIII (2009) SLT 422

Labour Law — Nature of work cannot be judged by mere volume of work, there may be qualitative difference as regards reliability and responsibility.

VIII (2009) SLT 429

Rent Control and Eviction Laws — Bona fide requirement of landlord not dispute, it is not for Courts to say that he should shift to first floor or any higher floor.

VIII (2009) SLT 435

Service Law — In computing length of service in the post to which employee is promoted, it is not permissible to include that period of service rendered in pursuance of an illegal promotion which is subsequently set aside.

VIII (2009) SLT 427

Workmen’s Compensation Act, 1923 — Section 2(1)(l) — Amputation of right leg below knee of lorry driver results in total disablement.

VIII (2009) SLT 402

Indian Penal Code, 1860 — Section 304 Part II — Accused confined her daughter in bathroom for 14 days without any food or water, accused has knowledge to cause death.

VIII (2009) SLT 389

Injunction — Issues and decision would be confined to possessory aspect in suit for injunction.

VIII (2009) SLT 405

Inter se Seniority — Ad hoc employee cannot claim any seniority to junior-most person already in service.

VIII (2009) SLT 372

Doctrine of Proportionality — Doctrine has its genesis in field of administrative law — Doctrine of proportionality is well recognised concept of judicial review in our jurisprudence.

VIII (2009) SLT 364

Execution of Will — Right of wives of original declarant recognised by orders passed by Mamlatdar, — That finding has become final, order passed by Division Bench of High Court unsustainable and set aside.

VIII (2009) SLT 372

Judicial Review — Departmental inquiry — Findings recorded by Inquiry Officer — Not open to High Court to examine findings recorded by Inquiry Officer as a Court of Appeal and reach its own conclusions.

VIII (2009) SLT 364

Letters Patent Appeal — Delay and laches — Appellant file LPA accompanied by an application for grant of leave to file appeal and application for condonation of delay in filing appeal — High Court erred in rejecting LPA.

VIII (2009) SLT 356

Practice and Procedure — Benefit given by High Court relying on overruled judgment — Matter to be remitted.

VIII (2009) SLT 372

Removal from Service — Misconduct — Unauthorised absence, overstaying sanctioned leave — Punishment unduly harsh and in excess of allegations — Admitted his guilt — Reason was purely personal and beyond his control — Order of removal not justified — Punishment modified by denial of back wages for entire period.

VIII (2009) SLT 342

Civil Procedure Code, 1908 — Order 22 Rule 5 — Inquiry under Order 22 Rule 5, CPC is of summary nature and finding therein cannot amount to res judicata.

VIII (2009) SLT 322

Evidence — Court must be cautious in appreciating and accepting the evidence given by interested witnesses but not suspicious of such evidence.

VIII (2009) SLT 339

Indian Penal Code, 1860 — Section 304 Part II — Bricks thrown on vital part of body of old man resulting in death, knowledge to commit murder can be attributed to accused.

VIII (2009) SLT 349

— — Section 306 — Bringing of second wife to house by husband about 3 month prior to suicide by deceased (first wife), does not amount to abetment of suicide.

VIII (2009) SLT 317

Arbitration Law — Finding of fact recorded by Arbitrator ought not to be interfered except to the extent of inconsistency.

VIII (2009) SLT 293

Guardianship — Child removed contrary to custody orders of U.S. Court directed mother to produce child before USA Court .

VIII (2009) SLT 310

Service Law — Principle of seniority-cum-merit, for promotion is different from principle of ‘seniority’ and principle of “merit-cum-seniority’.

VIII (2009) SLT 265

Case Diary — Criminal Court can use case diary in aid of any inquiry or trial but not as an evidence.

VIII (2009) SLT 265

Charge — Mere defect in language or in narration of or in form of charge — Conviction would not be rendered bad if accused has not been affected thereby.

VIII (2009) SLT 283

Specific Performance of Contract — Plaintiff has to show readiness and willingness to complete terms of agreement for sale.

VIII (2009) SLT 245

Delay and Laches — Dispute as to seniority — Once seniority had been fixed and it remains in existence for reasonable period, any challenge to same should not be entertained.

VIII (2009) SLT 241

Industrial Disputes Act, 1947 — Sections 2(oo)(bb) — Workman employed for a seasonal work cannot be said to retrenched in view of Section 2(oo)(bb) of Industrial Disputes Act.

VIII (2009) SLT 233

Right of Private Defence — Not available against any act which is not an offence.

VIII (2009) SLT 245

Service Law — Promotion — Post of Sub-Inspectors — Letters issued by Government Departments being merely opinion of Departments could not be conferred status of executive instructions.

VIII (2009) SLT 200

Arbitration Law — Constituting Arbitral Tribunals with serving officers from different far away places should be avoided.

VIII (2009) SLT 194

Contempt of Courts Act, 1971 — Section 14 — Does not preclude Court from taking recourse to summary proceedings when deliberate and wilful contumacious incident takes place in front of their eyes and public at large.

VIII (2009) SLT 210

Indian Penal Code, 1860 — Section 464 — Merely changing a document does not make it a false document.

VIII (2009) SLT 204

Irretrievable breakdown of marriage — Not a ground of divorce under Section 13 or 13B of Hindu Marriage Act — Divorce can be granted on this ground only by Supreme Court in exercise of extra ordinary jurisdiction under Art. 142 of Constitution.

VIII (2009) SLT 204

Mutual Consent — Divorce can be granted by Supreme Court even after withdrawal of consent by one of petitioners.

VIII (2009) SLT 220

Rent Control and Eviction Laws — Subletting — Inducting a partner or partner in business or profession by tenant by itself does not amounts to subletting.

VIII (2009) SLT 168

Criminal Procedure Code, 1973 — Section 340 — Can be invoked only when it is established that offence of forgery already committed.

VIII (2009) SLT 181

Rent Control and Eviction Laws — Bona fide Requirement — Subsequent developments — To be taken into consideration.

VIII (2009) SLT 144

Interest — Even in regard to claims for damages, interest can be awarded for period prior to date of ascertainment or quantification thereof if contract specifically provides for such payment.

VIII (2009) SLT 137

Recovery of Weapon of Offence — Open place cannot be made basis of conviction.

VIII (2009) SLT 101

FIR — Merely because doubts are raised about FIR and nature of prosecution case, that by itself, would not be fatal to prosecution case.

VIII (2009) SLT 120

Writ Petition — Maintainable — Even if alternative remedy available to aggrieved party where Court or Tribunal lacks inherent jurisdiction or enforcement of fundamental right, if there had been violation of principles of natural justice, or where vires of act were in question.

VIII (2009) SLT 72

Arbitration Law — Allegations of malpractices, fraud made by parties, case involved detailed investigations, no requirement to appoint Arbitrator.

VIII (2009) SLT 96

Evidence — Onus of proof — Criminal matters — Lies almost exclusively on prosecution.

VIII (2009) SLT 85

FIR — Delay in transmitting FIR and its reaching the Magistrate late is not fatal to prosecution in all cases.

VIII (2009) SLT 53

Arbitration and Conciliation Act, 1996 — Section 34 — Very filing and pendency of application under Section 34 operates as a stay of enforcement of award.

VIII (2009) SLT 53

Award setting aside — Application under Section 34 in that sense is adversarial in nature — Framing of issues as contemplated under Order 14 Rule 1, CPC is not an integral part of process of proceedings under Section 34 of Arbitration and Conciliation Act.

VIII (2009) SLT 59

Industrial Disputes Act, 1947 — Section 33(1)(a) — “Conditions of Service” — Expression is of wide range and relates to workmen who may be temporary, ad hoc, daily rated, permanent, semi-permanent or otherwise.

VIII (2009) SLT 59

— — Section 25F — Reinstatement and Back Wages — Not automatic, in matters of termination of workman in violation of Section 25F of Industrial Disputes Act.

VIII (2009) SLT 37

Land Acquisition Act, 1894 — Section 28A — Compensation — Re-determination — Provisions of Section 28A of Act refer to “person interested”, which means original owner and that original owner interested must be person aggrieved by award of Collector.

VIII (2009) SLT 13

Administrative Law — Administrative matters — Scope of judicial review is limited.

VIII (2009) SLT 15

Evidence — Presumption of signature — When a person signs a document, there is a presumption, unless there is proof of force or fraud.

VIII (2009) SLT 1

Interpretation of Statutes — Prohibitive or negative words are ordinarily indicative of mandatory nature of provision, although not conclusive.

V (2009) SLT 368

Cruelty — Causing mental torture to extent that it becomes unbearable may be termed as cruelty.

V (2009) SLT 368

Indian Penal Code — Section 498A — Cruelty — Petty quarrels cannot be termed as cruelty.

V (2009) SLT 366

Probation of Offenders Act — Benefit of Act was denied as large quantity of liquor was kept in godown without any permit.

V (2009) SLT 338

Additional counter statement — Mere delay is not sufficient to refuse to allow amendment of pleadings or filing of additional counter statement.

V (2009) SLT 352

Criminal conspiracy — Essence of criminal conspiracy is an agreement to do an illegal act and such agreement can be proved either by direct evidence or by circumstantial evidence or by both.

V (2009) SLT 352

Criminal Investigation — Delay in examination of prosecution witnesses by police during course of investigation may not be a ground to create a doubt regarding veracity of prosecution’s case.

V (2009) SLT 334

Possession — Joint Property — Without their being any physical formal partition of an undivided property, a co-sharer cannot put vendee in possession although such a co-sharer may have a right to transfer his undivided share.

V (2009) SLT 313

Industrial Disputes Act — Award — Where tribunal records findings on no evidence or irrelevant evidence, it is open to High Court to interfere with award of tribunal.

V (2009) SLT 295

Principles of Law — No body should suffer owing to mistake on part of the Court.

V (2009) SLT 295

Service Law — Equal pay for equal work — Person is not only granted same relief but also granted a higher status to which he was not otherwise entitled to.

V (2009) SLT 295

— — Same or similar nature of work by itself, does not entitle an employee to invoke doctrine of equal pay for equal work.

V (2009) SLT 263

Criminal Procedure Code — Section 438 — In bail proceedings Court would not be justified in awarding maintenance to wife and child.

V (2009) SLT 287

Inquest Report — Report cannot be treated as piece of admissible evidence.

V (2009) SLT 266

Interpretation of Statutes — Provision of statutory rules must be interpreted so as to give effect to object and purport of Act.

V (2009) SLT 272

Prevention of Corruption Act — Section 20— Court is not bound to draw presumption where alleged gratification is trivial and in such case inference of corruption may not be fairly drawn.

V (2009) SLT 277

Service Law — Filling up of existing vacancies — Decision on part of employer to fill up existing vacancies or not is within its domain.

V (2009) SLT 233

Administrative Law — Directions cannot be issued in respect of matters beyond the provisions of the statute.

V (2009) SLT 250

Civil Procedure Code — Order 18 Rule 17 — Power to recall witness — Power is to be invoked not to fill up lacunae in evidence of witness which has already been recorded but to clear any ambiguity that may have arisen during course of his examination.

V (2009) SLT 242

Consumer Protection Act — Charging interest and existing upon payment on dues before executing sale deed did not amount to deficiency in service.

V (2009) SLT 233

Delegation of Power — Power to delegate being a statutory requirement must find its place in the principal Act and not in the Regulation.

V (2009) SLT 255

NDPS — As on date of commission of offence and conviction, there was no distinction between small and commercial quantity, question of infliction of lesser sentence by reason of provisions of Amending Act, would not arise.

V (2009) SLT 206

Service Law — Direct Payment System — Court generally does not interfere with policy decision of Government unless arbitrary or discriminatory.

V (2009) SLT 218

Quashing of Proceedings —In proceedings initiated on complaint, exercise of inherent powers to quash proceedings is called for only in a case where it does not disclose any offence or is frivolous, vexatious or oppressive.

V (2009) SLT 166

Criminal Procedure Code — Section 354(3) — While imposing any sentence an accused Court must also keep in mind doctrine of rehabilitation.

V (2009) SLT 166

Death Sentence — Where reformation of accused is not possible, death sentence may be imposed.

V (2009) SLT 166

“Rarest of Rare” Category — Mere mode of disposal of a dead body may not by itself be made ground for inclusion of a case in ‘rarest of rare’ category for purpose of imposition of death sentence.

V (2009) SLT 166

Tender of Pardon — Person in whose favour pardon has been tendered will make full disclosure of whole circumstances within his knowledge.

V (2009) SLT 148

Civil Procedure Code — Section 100 — Second appealmaintainable only when substantial question of law is formulated.

V (2009) SLT 142

Rent Control and Eviction Laws — Landlord-tenant relationship — Burden of proof is on landlord to prove his requirements and assertion to be tested when his status specifically challenged.

V (2009) SLT 85

Civil Procedure Code — Section 103 — High Court in second appeal can decide a issue necessary for disposal of appeal, which has not been decided by Courts below.

V (2009) SLT 94

Evidence — “Last seen theory” — In absence of any other positive evidence to conclude that accused and deceased were last seen together, it would be hazardous to come to a conclusion of guilt.

V (2009) SLT 111

Service Law — Delinquent employee may be informed by Disciplinary Authority that his past conduct would be taken into consideration while imposing punishment.

V (2009) SLT 111

Service Law — Habitual absenteeism means gross violation of discipline.

V (2009) SLT 97

Service Law — Where delinquent is served a charge-sheet without giving specific and definite charge and no statement of allegation is served alongwith charge-sheet, inquiry stood vitiated.

V (2009) SLT 48

Judicial Review — Unless decision is shown to be contrary to any statutory provision or Constitution, Court would not interfere with economic decision taken by State.

V (2009) SLT 34

Prevention of Corruption Act — Section 20 — Once it is proved by prosecution that money was demanded as bribe and same was received, presumption under Section 20 comes into play.

V (2009) SLT 48

Public Interest Litigation — PIL maintainable only where element of violation of Art. 21 or human right or where litigation has been initiated for benefit of poor and underprivileged who are unable to come to Court due to some disadvantage.

V (2009) SLT 1

Civil Procedure Code — Order 6 Rule 17 — Amendment of plaint and amendment of written statement — Not necessarily governed by exactly the same principle.

V (2009) SLT 29

Framing of Charge — Unless convict is able to establish that defect in framing the charges has caused real prejudice to him no interference is required on mere technicalities.

V (2009) SLT 5

Representation of the People Act — Section 100 — Election petitioner cannot only show an error in decision making process by Returning Officer but also correctness of said decision.

IV (2009) SLT 774

Contract — Government contract — Scope of judicial review very limited and Court cannot substitute its own decision for that of Government.

IV (2009) SLT 793

Evidence Act — Section 32(1) — Oral evidence of witnesses about what deceased had told them against accused about treatment meted out to her is inadmissible under Section 32(1) of Evidence Act to sustain conviction under Section 498A, IPC.

IV (2009) SLT 748

Criminal Trial — Right of accused to watch prosecution witnesses deposing before Court is valuable statutory right and not fundamental right.

IV (2009) SLT 767

Indian Penal Code — Section 300 Exception 2 — Existence of good faith is a must before accused claims benefit of exception.

IV (2009) SLT 748

Right of Confrontation — Is not a fundamental right or whereby accused’s fundamental right has not been breached.

IV (2009) SLT 767

Self Defence — Number of injuries on accused side by itself may not be sufficient to establish right of private defence.

IV (2009) SLT 737

Service Law — Right of consideration — May accrue at a particular point of time or subsequently thereto — Merely because at a particular point of time employee is not considered, does not mean total denial of consideration of employee.

IV (2009) SLT 748