A Periodical of Criminal Cases decided by Delhi High Court & Supreme Court of India Prompt

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149 (2008) DLT 757 (DB)
ARBITRTATION LAW - No objection to jurisdiction of Arbitral Tribunal raised before Arbitral Tribunal, objection deemed to be waived and cannot be raised first time before Court.

149 (2008) DLT 783 EVIDENCE - Burden of prove - If no evidence is given by party to whom burden is cast, issue must be found against him.

149 (2008) DLT 754 JURISDICTION OF CIVIL COURT - Agricultural Land - Land in extended abadi would not be a "holding" as defined under Delhi Land Reforms Acts, hence civil court has jurisdiction to entertain suit for possession.

149 (2008) DLT 776 MATRIMONIAL LAW - Divorce - Mutual Consent - Period of 6 months under Section 13B(2) of Hindu Marriage Act is directory in nature and can be waived where all other requirements are satisfied.

149 (2008) DLT 734 AMENDMENT OF PLEADING- When previously filed amendment application was permitted to withdraw then the Court need not look beyond the submission made in subsequent surviving application to exercise its discretionary jurisdiction.


149 (2008) DLT 746 COURT FEE -Partition - A joint owner, who has been excluded from the joint ownership of property, is liable to pay ad valorem Court fee on the value of property claimed by him in a partition suit.

149 (2008) DLT 740 (DB)
NOTICE -SARFAESI Act -Notice under Section 13(2) of Act by duly authorised and instructed Counsel by the Bank would be valid and cannot be faulted on the ground that the Bank itself ought to have issued a notice.

149 (2008) DLT 746 PRELIMINARY DECREE - Court fee - A preliminary decree cannot be passed on the basis of admission against the defendant unless the ad valorem Court fee paid by plaintiff.

149 (2008) DLT 682 CRIMINAL LAW - Dishonour of Cheque - Mere fact that payee's name and amount were in different handwriting in cheque, could not be reason for dishonouring cheques.

149 (2008) DLT 674 (DB)

SERVICE LAW - Acquittal in criminal case not impediment to initiate departmental proceedings on same charge.

149 (2008) DLT 678 SPECIFIC PERFORMANCE OF CONTRACT - Impleadment of subsequent purchaser of property after long delay of 5 years is not permissible.

149 (2008) DLT 694 SUCCESSION - Will - Execution of, can be proved by evidence of one attesting witness alone.

149 (2008) DLT 653 DISHONOUR OF CHEQUE - Sick company liable for legally enforceable debt.

149 (2008) DLT 660 (DB)
SERVICE LAW - Deputationists does not have indefeasible right to hold post, even when tenure of deputation is specified.

149 (2008) DLT 667 FILING OF FRESH SUIT - Permissible where earlier suit allowed to withdraw as suit must fail for technical reason or some formal defect is there.

147 (2008) DLT 49 Arbitration - Reference of dispute to Arbitrator - Though there may be no contract binding parties, if they have defined legal relationship and dispute arises in context of such relationship, parties could be agreement submit such dispute to arbitration.

147 (2008) DLT 37 Education - Examination - No student has any legal or enforceable right to claim that supplementary examination or any other exam be conducted on particular date or time as per convenience of candidate.

147 (2008) DLT 14 Principles of Assessment - Multiplier - Determination of - Choice of multiplier is determined by age of deceased or that of claimant whichever is higher.

147 (2008) DLT 81 Rejection of Plaint - court can examine only plaint and documents placed by plaintiff in support of its contentions.

147 (2008) DLT 81 Invocation of provisions of Order 7 Rule 11, CPC - Said provision can be invoked at any stage of proceedings.

147 (2008) DLT 116 Workmen's Compensation - Claim Petition - Maintainability - Adoptive son - Person invoking jurisdiction of commissioner can only be dependent of deceased and none else - As per Section 2(1)(d), Adopted son comes within purview of "dependent" and he has locus standi to file petition.

147 (2008) DLT 149 Court Fees - Liability to pay - Plaintiff is in possession of portion of property to be partitioned - He was entitled to pay fixed Court fees at the time of filing of suit - Appropriate Court fees paid by plaintiff.

147 (2008) DLT 130 Dishonour of cheque - Cognizance of complaint after period of limitation - Requirement - Complainant must satisfy Court that he had sufficient cause for not making complaint within prescribed period of one month.

147 (2008) DLT 149 Document - Proof of - Mere production of document is not proof of document.

147 (2008) DLT 175 (DB) Sick Company - Sale of properties - Mere settlement of dues of secured creditors is not the function of AAIFR - It ought to make attempt to generate funds for rehabilitation of sick company.

147 (2008) DLT 175 (DB) Writ Petition - Maintainability - Validity of sale on merits can be dealt with by this Court under Article 226 of Constitution.

147 (2008) DLT 202 (DB) Service Law - Defence service - Summary Court Martials (SCMs) - It can legitimately be convened where there is grave and compelling cause for taking immediate action which would be defeated if reference to District Court Martial or SGCM is made.

147 (2008) DLT 202 (DB) Service Law - Defence service - Summary Court Martials (SCMs) - Cannot be convened, constituted and completed by Commanding Officer (CO) of Unit to which accused did not belong.

147 (2008) DLT 257 Dishonour of Cheque - Complaint through power of attorney of complainant not maintainable without copy of such power of attorney being produced.

147 (2008) DLT 239 Municipalities - Builder assigned nomenclature of 'lower ground floor' - Such nomenclature of no consequence - Nomenclature to be examined as per Delhi Municipal corporation Act, building bye-laws and sanctioned building plan.

147 (2008) DLT 305 Limitation - Condonation of Delay - For purpose of condonation of delay there must be some cause which can be termed "sufficient cause".

147 (2008) DLT 284 Interim maintenance - Grant of - Income of spouse - Determination of - Socio-economic background of parties is relevant consideration.

147 (2008) DLT 293 Revision Petition - Maintainability - Order passed by MM rejecting/declining to issue summons against accused petitioners under Section 420, IPC partakes character of final order - Revision petition maintainable.

147 (2008) DLT 276 Territorial Jurisdiction - Tender - Payment for work done is part of cause of action - Place where payments were being made or required to be made relevant to determine territorial jurisdiction.

147 (2008) DLT 334 (DB) Arbitration - Reference of dispute to Arbitrator - Dispute as to existence of arbitration clause by supersession or novation of agreement - Said dispute cannot be referred to arbitration for adjudication.

147 (2008) DLT 349 Defamation - Injuries to feelings of man cannot be made basis for claiming damages on ground of defamation.

147 (2008) DLT 326 (DB) Maintenance - Grant of - Relevant date - Normal rule is maintenance is to be allowed from date of filing of petition if rule is to be deviated there has to be special reason for adopting such course.

147 (2008) DLT 376 (DB) Evidence - Fingerprints absence of finger prints not enough to conclude other appellants were not present at place of occurrence if other overwhelming material evidence exists to show their presence at place of occurrence at relevant time.

147 (2008) DLT 397 (SC) Passport - Impounding of, can only be done by passport authority under Section 10(3) of Passport Act.

147 (2008) DLT 376 (DB) Common Intention - Section 34, IPC not applicable with Section 397, IPC.

147 (2008) DLT 410 (DB) Evidence - Dying declaration recorded before police officer is admissible and can be relied for conviction.

147 (2008) DLT 408 Principle of Law - If on a given material 2 views are possible and the Trial Court adopts 1 out of the 2 views the Appellate Court would not interdict the order merely because another view is probable.

147 (2008) DLT 425 Succession - Will - Registration - Optional under Section 1 of Act - A will is not a document which is compulsorily registrable under Section 17 of Act.

147 (2008) DLT 425 Will - Removal of suspicious circumstance by propounder - Court to give effect to Will even if Will right be unnatural.

147 (2008) DLT 468 Amendment of Plaint - Application under Order 6 Rule 17, CPC not to be allowed if it amounts to injustice to parties and not necessary for purpose of determining real controversy between parties.

147 (2008) DLT 506 Employees Provident Fund - Payment of - Liability of Director of private limited company - Only those directors who are in charge of management or affairs of establishment or contributes to commission of offence by consent or connivance or neglect or liable to be prosecuted.

147 (2008) DLT 517 Private vis-a-vis Community Right - Where private right comes into conflict with right of community, former must yield to latter.

147 (2008) DLT 472 Pleadings - Each and every variance between pleadings and proof is not fatal - Where parties are aware of controversy and go to trial with full knowledge that particular question is at issue, absence of specific pleading is mere irregularity.

147 (2008) DLT 541 Summary Suit - Leave to defend - Tobe granted if triable issue raised by defendant.

147 (2008) DLT 608 (DB) Evidence - Partisan witness - Reliability - Courts must be cautious and careful while weighing such evidence given by partisan or interested witnesses, but such evidence should not be mechanically discarded.

147 (2008) DLT 601 Motor Accident Claims - Income - Determination of - Benefit of medical reimbursement, leave travel allowances cannot be included in salary of deceased, However bonus and provident fund includible in income of deceased.

147 (2008) DLT 644 (DB) Murder - Kidnapping, Criminal conspiracy - Circumstantial Evidence - Conviction upheld - Entire chain of events cogently and firmly establish guilt of appellant - Evidence of material witnesses trustworthy.

146 (2008) DLT 14 Obscenity - Picture of woman in nude/semi-nude is not per se obscene unless there is something in it which would offend taste of ordinary decent minded person.

146 (2008) DLT 1 (SC) Powers of Judiciary - Judicial activism - Violation of theory of separation of power by judiciary - Recently Courts have apparently, if not clearly, strayed into executive domain or matters of policy - Courts shall not violate high constitutional principles of separation of powers as laid down by Montesquie in name of judicial activism.

146 (2008) DLT 1 (SC) Service Law - Creation and sanction of posts is prerogative of executive or legislative authorities - Court cannot arrogate to itself this purely executive or legislative function.

146 (2008) DLT 40 Labour Law - Termination of Service - Approval not given deemed that dismissal order was never passed and workman would be deemed to be in service.

146 (2008) DLT 93 Bail - Cancellation of - Very cogent and overwhelming circumstances necessary for order seeking cancellation of bail.

146 (2008) DLT 87 (DB) Injunction - Ex parte, ad interim injunction - Vacation of - Suppression of material facts is valid ground for vacation of ex parte, ad interim injunction.

146 (2008) DLT 75 Legal Heirs/Legal representatives - Impleadment of - Delay can be Condoned if sufficient cause shown explaining delay.

146 (2008) DLT 121 (SC) Dishonour of Cheque - Successive presentation of dishonoured cheque - Not barred - On each presentation of cheque, and its dishonour, fresh right and not cause of action, accrues in his favour.

146 (2008) DLT 125 Distinction - "Cheque issued as security" and "Cheque issued towards discharge of liability to pay".

146 (2008) DLT 121 (SC) Interpretation of Statutory Provision - All laws that affect substantive rights generally operate prospectively.

146 (2008) DLT 125 Rule of Ejusdem Generis - Applicability per-requisite that there must be distinct of geneus, which must comprise more than one species.

146 (2008) DLT 159 (DB) Evidence - Test Identification Parade - Refusal of accused to participate - Identification by witness of accused for first time before Court - Such evidence admissible.

146 (2008) DLT 134 (DB) Foreign Decree - Execution of - Decree passed by Court in UK is of Court in reciprocating territory and executable by Indian Courts.

146 (2008) DLT 148 (DB) Sexual Assault - Compensation - Grant of - Respondent No. 1 appointed as nurse by hospital - Rape and grievous injury caused to her by ward boy/sweeper engaged through contractor - Hospital liable to pay compensation.

146 (2008) DLT 174 (DB) Trademark - Passing of - Injunction - Prior user of trademark in law sufficient to entitle such user to relief in passing of action against user of such mark.

146 (2008) DLT 197 (SC) Extradition - Strict formal proof of evidence in extradition proceeding not requirement of law.

146 (2008) DLT 197 (SC) Interpretation of Statutes - Construction of statute should be done in manner which would give effect to all its provisions.

146 (2008) DLT 239 (SC) Dishonour of Cheque - Liability of Director must be determined on date on which offence committed.

146 (2008) DLT 217 (SC)
Filing of eviction suit under general law itself is notice to quito on tenant.

146 (2008) DLT 250 (DB) Interpretation of Statutes - Benevolent enactments ought to be given liberal and expansive interpretation and not narrow or restrictive construction.

146 (2008) DLT 300 Trust - Institution of suit - Precondition - Leave of court.

146 (2008) DLT 343 Arbitration - Appointment of Arbitrator - Absence of Arbitration Agreement between parties - Any order received by petitioner under Section 9 of Act ex parte does not give any right to petitioner to file petition under Section 11 of Act.

146 (2008) DLT 347 (SC) Service Law - Prohibition against employment of "any man under age of 25 years" or "any woman" in premises in which liquor/intoxicating drug consumed by public, violative of Article 19(1)(g), 14 and 15 of Constitution - Section 30 of Punjab Excise Act, held ultra vires - No infirmity in impugned decision of High Court.

146 (2008) DLT 373 (SC)
Administrative Law - Executive Order - Passed in ignorance of judicial order passed by High Court - Order could be reviewed.

146 (2008) DLT 385 Right to Information - Fundamental right under Art. 19(1)(a) of Constitution of India.

146 (2008) DLT 404 Arbitration - Existence of binding arbitration agreement is sine qua non for invocation of jurisdiction of this Court under Section 9 of Arbitration and Conciliation Act.

146 (2008) DLT 404 Arbitration - Failure to agree to number of Arbitrators would not render arbitration agreement void.

146 (2008) DLT 429 (DB)
Right to Freedom of Press - Invaluable right but right carries with it responsibility and duty to be truthful and to protect rights of others hidden camera cannot be allowed to depict something which is not true, correct and not happening but happened because of inducement by entrapping a person.

146 (2008) DLT 438 Suit - Withdrawal of suit with permission to file fresh suit - Granted as there was concealment of material facts.

146 (2008) DLT 455 (DB) TRAI -Tariffs Fixation of - Jurisdiction of TRAI - Fixation of tariffs by TRAI is within their competence even in regard to broadcasters - These Regulations are not violative of Articles 14, 19(1)(a) or 19(g) and/or Articles 301 to 307 of Constitution.

146 (2008) DLT 494 Arbitration - Replacement of Arbitrator appointed by virtue of agreement - Court can only interfere where there is legal misconduct of Arbitrator or he was not competent and disqualified in terms of agreement.

146 (2008) DLT 510 Leave to Defend - Defendants raised good and probable defence which requires consideration - Leave to defend granted.

146 (2008) DLT 557 Arbitration - Appointment of Arbitrator - Existence of arbitration agreement inter se parties not established - Petition for appointment of Arbitrator - Not maintainable.

146 (2008) DLT 543 Setting aside award - Delay and laches - Delay in giving award no ground for setting aside award.

146 (2008) DLT 566 (DB) Restoration of Suit - Justice oriented approach to be adopted by Courts while dealing with applications for seeking restoration of cases dismissed in default.

146 (2008) DLT 588 (DB) Writ Petition - Maintainability - Writ petition against order of CAT passed in exercise of its jurisdiction under Contempt of Courts Act, maintainable.

146 (2008) DLT 605 (DB) Interpretation of Statutes - Penal provisions to be construed strictly.

146 (2008) DLT 609 (SC) Residuary Powers - Exercise of - Residuary powers to be exercised within four corners of contract.

146 (2008) DLT 641 Right to go abroad - Part of personal liberty under Article 21 of Constitution - However, reasonable restriction can be placed as envisaged under constitution as well as warranted by security of State.

146 (2008) DLT 657 Doctrine of Forum Conveniens - Applicability, doctrine not limited in its applicability to writ petition.

146 (2008) DLT 657 Rejection of Plaint - Plea of demurrer has to be determined by advertence to allegations contained in plaint made by plaintiff and those allegations for purpose of consideration of plea of demurrer must be taken to be true.

146 (2008) DLT 697 Land Acquisition - Reference of Dispute to Land Acquisition Collector - Once written application made satisfying requirements of Section 18, Land Acquisition Act Collector shall make reference.

146 (2008) DLT 725 (DB)
Specific Performance - Grant of relief is a rule - There has to be valid and cogent reasons for refusal of specific performance and applying.

146 (2008) DLT 797 Anticipatory Bail - Grant of Power under Section 438, Cr.P.C. to be exercised only sparingly and in exceptional cases only.

146 (2008) DLT 774 Trademark - Application for invalidity of trade marks - Effect of - Mere filing of application for invalidity of trade mark of plaintiff does not results into stay of registration or putting of any fetters on right of registered owner of trade mark flowing from registration of mark.

146 (2008) DLT 774 Trade Mark - Neither generic nor merely descriptive marks are entitled to trade mark protection unless they are subject to exclusive use.