186 (2012) DLT 552

Arbitration Law — Interim Relief — Termination of Joint Venture Agreement for running of luxury train between appellant and respondent — JVA was a contract between parties — It was only in the realm of contractual arrangement with no statutory flavour and no element of public law — Relief of specific performance cannot be granted.

186 (2012) DLT 538

Delhi School Education Act, 1973 — Sections 4, 10 Proviso, 10(1), 10(2) — Pension — Computation — Date from which service to be taken into account — Petitioner is entitled to have her service reckoned from date of recognition of school, i.e. 1.5.1976 — Obligation of Director to pay petitioner in terms of ‘grant-in-aid’ formula, where both school and DOE contribute proportionately, applies after 1.5.1981.

186 (2012) DLT 533

Insurance — Medi-claim Policy — Claimant who has been reimbursed for the medical expenditure incurred by him through his mediclaim policy, will not be again entitled to claim reimbursement under the same head from the insurer of the offending vehicle, in a claim filed under Motor Vehicles Act — Respondent No. 1 cannot be benefitted twice for recovering medical expenses from both the insurer of the offending vehicle and also from his mediclaim policy.

186 (2012) DLT 477

Arbitration Law — Appointment of Arbitrator — Forfeiture of right to appoint Arbitrator — No case made out — On basis of documents placed on record, it is not possible to hold that appointment of Arbitrator by respondent took place after filing of present petition — Respondent did not forfeit its right to appoint Arbitrator in terms of agreement.

186 (2012) DLT 472

Adverse Possession — Mere long possession, even for more than 12 years, of some property by a licensee after revocation of licence will not confer ownership in that person by adverse possession unless at some particular point of time that person had claimed title in himself while denying title of true owner.

186 (2012) DLT 462

Legal Maxim — “ Cessante ratione legis cessat ipsa lex” — Meaning — Decision although neither reversed nor overruled may cease to be law owing to changed conditions and changed law.

186 (2012) DLT 462

Practice and Procedure — Law cannot be a fossil — Need for adopting law to new urges in society explained — Life of law has not been logic, it has been experience.

186 (2012) DLT 455 (DB)

FIR — Delay in lodging FIR often results in embellishment, which is a creature of an afterthought — On account of delay, FIR is not only bereft of advantage of spontaneity, there is also danger that there may be introduction of coloured version or an exaggerated story.

186 (2012) DLT 455 (DB)

Motive — When there is direct evidence about commission of offence, motive pales into insignificance.

186 (2012) DLT 438 (DB)

Succession — Requisition of security from grantee of certificate — Provision of Section 375 of Indian Succession Act, being mandatory, not ultra vires the Constitution — Furnishing of security is in the discretion of Court — It is always open to grantee to seek exemption from furnishing of such security.

186 (2012) DLT 411

Criminal Procedure Code, 1973 — Sections 216, 217 — Alteration of Charges — Recall of witnesses when charge altered — Court may alter or add to any charge at any time before the judgment is pronounced — Appearance of additional evidence at stage for framing additional charge during the trial is not an essential pre-requisite though it may be one of the grounds to do so — Section 217 permits the prosecution and accused to recall or resummon and examine the witnesses with reference to such alteration or addition or to call any further evidence which the Court thinks is material.

186 (2012) DLT 395

Constitution of India, 1950 — Art. 226 — Writ jurisdiction — Powers of this Court are wide — This Court, to do substantial justice between parties, can decline relief even where entitlement in law is made out.

186 (2012) DLT 388 (DB)

Delay and Laches — Stale claims should not be entertained by Courts and failure to make out grounds to condone delay in seeking remedy in law is sufficient in itself to oust petitioner.

C. Reethama Joseph v. UOI & Ors. — 186 (2012) DLT 388 (DB)

186 (2012) DLT 379

Criminal Trial — Is a quest for truth — Prosecution is required to prove its case beyond reasonable doubt and not by way of perfect proof free from all blemishes.

186 (2012) DLT 356 (DB)

Judicial Review — Government contracts/tenders — Interference in contractual matters in exercise of power of judicial review is permissible only if (i) the process adopted or decision made is mala fide or intended to favour someone, or (ii) the same is so arbitrary and irrational that no responsible authority acting under law could have arrived at it, or (iii) it affected the public interest.

186 (2012) DLT 354 (DB)

Delhi Value Added Tax Act, 2008 — Sections 76(4), 81, 11(2) — Waiver of pre-deposit with condition to deposit 15% of total demand of tax, interest and penalty as a pre-condition for hearing appeals on merit — Not justified — Total output liability on taxable turnover of Rs. 21,77,506/- and tax credit of Rs. 31,31,446/- have been accepted.

186 (2012) DLT 353

Dishonour of Cheque — Closure of right of cross-examination of complainant — Right of cross-examination is given to accused only if accused discloses his defence at the time of taking notice and Court considers that in order to meet defence, cross-examination of witness was necessary — Court cannot force Advocate to conduct cross-examination if he is not willing — Only option available with Court under such circumstances is to close cross-examination.

186 (2012) DLT 368 (DB)

Trade Mark — A word, letter, numeral or a symbol, used in combination may create a trade mark which is distinctive from existing marks used and unrelated to the goods to which it is applied. It may alternatively result in the creation of a trade mark which is descriptive.

186 (2012) DLT 368 (DB)

Trade Mark — Single Numeral — Trade mark jurisprudence in India has fought shy of according trade mark status to single numerals or letters.

186 (2012) DLT 343

Arbitration Law — While Tribunal is not bound by strict rules of evidence and rules of procedure that govern proceedings before civil Court, it must ensure that adequate opportunity is given to parties before it to present their respective cases and establish veracity of documents relied upon by them.

186 (2012) DLT 332

Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — No strait-jacket formula and in each case inference has to be drawn from facts of case — It is the intentional and permanent forsaking of one spouse by other without other’s consent, and without reasonable cause.

186 (2012) DLT 332

Hindu Marriage Act, 1955 — Section 23(2) — Family Courts Act, 1984 — Section 9 — Courts should make every endeavour to bring about reconciliation between parties so that matter can be amicably settled on mutually acceptable terms at the very threshhold — Courts should make sustained and persistent attempts even when pleadings are complete and evidence led, as it will certainly yield potent results.

186 (2012) DLT 316 (SC)

Cognizance of Offence — Magistrate is not bound by opinion of Investigating Officer — Court has to only see whether prima facie reasons for issuing the process are there and whether ingredients of offence are there on record.

186 (2012) DLT 305 (DB)

Practice and Procedure — If SLP is dismissed in limine that does not imply that view of High Court has been accepted and review petition could be filed — When such a review petition is filed, it has to be adjudged having regard to limited scope of review jurisdiction.

186 (2012) DLT 305 (DB)

Practice and Procedure — Once judgment is reserved, Registry does not list such application or place it before Court till there is specific direction of Court to this effect — Court can give direction only when it is brought to notice of Court.

186 (2012) DLT 286

ESI — Demand — Jurisdiction — Civil Court was not a competent Court of jurisdiction to take a decision on validity of demand raised by appellant — Civil Court could not have created any bar in the way of respondent to file petition under Section 75 of ESI Act although challenging the same demand.

186 (2012) DLT 266 (DB)

Insurance — Insurer is free to evolve a policy based on business principles, yet the insurance being a social security measure, it should be consistent with the constitutional animation and conscience of socio-economic justice enshrined in Constitution of India — There is a distinction between the frontiers of the public law domain and the private law field; that an unfair and untenable or irrational clause in a contract is amenable to judicial review.

186 (2012) DLT 243 (SC)

“Audi Alteram Partem” — Scope of rule of hearing — This unwritten right of hearing is fundamental to just decision by any authority which decides controversial issue affecting rights of rival contestants.

186 (2012) DLT 243 (SC)

Constitutional Law — Power of Eminent Domain — This power can be exercised by State to acquire private property for public purpose — But it is serious matter and has grave repercussions on private individual’s constitutional right of not being deprived of his property without sanction of law.

186 (2012) DLT 206

Arbitration Law — Award — Challenge against — Unsustainable — Grant of licence by Department of Telecommunications for operation of Voice Mail Service (VMS) on Radio paging Network of respondent — Issuance of Letter of Interest (LoI) by petitioner Department of Telecommunications — Obligations cast on Department of Telecommunications in terms of licence agreement not met by it — Rejection of Claim of Department of Telecommunications by Arbitrator justified.

186 (2012) DLT 197

Arbitration Law — Strict provisions of CPC and Evidence Act do not apply in arbitration proceedings — This is so specifically provided by Section 19 of Arbitration and Conciliation Act.

186 (2012) DLT 186

Rent Control and Eviction Laws — Bona fide requirement — Interrogatories to landlord sought to be put by tenant by filing application under Order 11 Rule 2, CPC r/w Section 36(2) of DRC Act — Dismissal of application — This argument can be raised by tenant even in his application for leave to defend.

186 (2012) DLT 185

Rent Control and Eviction Laws — Bona fide requirement — Leave to defend — No relief will be denied to landlord by reason of any subsequent event if at the date of institution of suit he has a substantive right to claim such relief.

186 (2012) DLT 174 (DB)

Service Law — Termination of Services — Respondents on probation for two years on post of Field Assistant in the Cabinet Secretariat — Their services could be terminated at any time by one month’s notice and by making payment of sum equivalent to pay and allowance for period of notice — Termination of service not punitive — A probationer is on test and temporary employee has no right to the post.

186 (2012) DLT 138

Right to Property — Daughter-in-law has no right to claim residence/maintenance against property of either father-in-law or mother-in-law.

186 (2012) DLT 129

Judgment on Admissions — Enacted to expedite trials if there is any admission on behalf of defendants or can be gathered from facts and circumstances of case without any dispute, to dispose of matter such admission can be acted upon.

186 (2012) DLT 102

Arbitration Law — Award — Arbitrator is entitled to award pendente lite interest as well as post-Award interest.

186 (2012) DLT 65

Compounding of Offence — High Court had powers and authority to exercise jurisdiction under Section 482, Cr.P.C. or under Article 226 of Constitution of India to get the compounding done of offences which are not compounded.

186 (2012) DLT 59 (DB)

Partnership — HUF as such cannot be a partner in a firm but it is competent to the manager or Karta acting on behalf of the HUF to enter into a valid partnership with a stranger or with the Karta of another family.

186 (2012) DLT 43

Trade Mark — For the purpose of passing off, it was necessary that the complaint has to establish that there was likelihood of confusion in the minds of the public (the word ‘public’ being understood to mean actual or potential customers or users) allowing for ‘imperfect recollection of a person of ordinary memory’.

186 (2012) DLT 41 (DB)

Interest — In view of changed economic scenario and consistent fall of rate of interest, pendente lite and future interest to be reduced, when litigation remains pending for a long time.

186 (2012) DLT 33

Service Law — Wrongful dismissal — If a Government servant comes to Court and complains that his dismissal was wrongful and that reasonable opportunity was not given to him as required by statute, it is for department to satisfy Court that, in fact, reasonable opportunity was given to him.

186 (2012) DLT 17

Right to Life and Personal Liberty — Being the protectors of civil liberties of citizens, Supreme Court and High Courts have not only the power and jurisdiction, but also an obligation to protect the fundamental rights, guaranteed by Part III in general, and under Article 21 of Constitution in particular.

186 (2012) DLT 17

Interpretation of Statutes — If language of enactment is capable of more than one meaning then that one is to be preferred which comes nearest to the purpose and scope of preamble.

186 (2012) DLT 1 (SC)

Delhi Municipal Corporation Act, 1957 — Sections 20(2), 119, 120(2), 123, 116(3), 2(3), 2(24) — ‘Lease’ or ‘Licence’ — Property Tax/Composite Assessment sought to be made on installations/storage depots constructed by appellant-grantee, by virtue of Section 120(2) of Delhi Municipal Corporation Act — Document in question constitutes lease in favour of appellant-grantee and liable to pay tax.

186 (2012) DLT 1 (SC)

Interpretation of Deed — Deed must be read in its entirety and reasonably — Intention of parties must also be gathered from expression used in documents itself, as far as possible.

186 (2012) DLT 1 (SC)

Transfer of Prope rty Act, 1882 — Section 105 — ‘Lease’ and ‘Licence’ — Lease would amount to transfer of property — Licence may be created on deal or parole and it would be revocable.

185 (2011) DLT 774

Interrogation — There is a perceptible difference in results of interrogation when a person having order of anticipatory bail goes to investigating agency — He is bound not to cooperate and not to give correct answer to questions put to him to reach at the bottom of case as against person in custody or who does not have protection of anticipatory bail.

185 (2011) DLT 752

Copyright — It would be sufficient to constitute copyright infringement if substantial or core part of work of plaintiff is reproduced by defendant — Defendant has every right to use basic idea involved in the work of plaintiff, but, he is not permitted to express that idea in same form and same manner in which it has been done by the plaintiff.

185 (2011) DLT 729 (DB)

Arbitration Law — “Award” — Meaning of — To be construed as the genus of which, an interim award is only a specie.

185 (2011) DLT 719 (DB)

Criminal Conspiracy — Evidence in respect of conspiracy will be seldom found in form of written agreement — It is only through indirect evidence by looking at surrounding circumstances that conspiracy can usually be proved.

185 (2011) DLT 719 (DB)

Evidence — Specimen Handwriting of Accused — There is no bar to investigating agency taking specimen handwriting of accused in course of investigation.

185 (2011) DLT 717

Interim Relief — Reflecting upon facts at an interim stage, any expression of opinion by a Court, is always treated as prima facie opinion for the reason the final opinion has to be expressed with reference to evidence led and facts proved.

185 (2011) DLT 692

Evidence — Circumstantial evidence — If circumstances relied upon by prosecution are beyond doubt, then absence of motive would not hamper conviction.

185 (2011) DLT 692 (DB)

Last Seen Theory — Last seen evidence, time gap between point of time when deceased and accused were seen alive and time of death is so small that possibility of offence committed by any other person becomes impossible and ruled out.

185 (2011) DLT 688 (DB)

Service Law — Charge-sheet — Issuance of — “Prior approval” of CVC not required and only “advice” is to be taken from CVC — No prejudice is caused to respondent at all — At the most he was entitled to have copy of CVC’s advice which has been furnished to him.

185 (2011) DLT 684

Prevention of Food Ad ulte ration Act, 1954 — Sections 16, 17(2) — Impleadment as Accused — If company has nominated director or manager as person responsible along with written consent of such director, being so nominated then other directors would not be prosecuted in these proceedings.

185 (2011) DLT 682

Arbitration Law — Arbitrator cannot rely on a document which does not form part of arbitral award.

185 (2011) DLT 640 (DB)

Evidence — Relative witness — Mere relationship is not a factor to affect credibility of witness so as to discard his/her testimony as being partisan.

185 (2011) DLT 631

Bail — Grant of — Criminal breach of trust, cheating — Investigation is complete and charge-sheet likely to be filed — Entire evidence documentary in nature — Bail granted.

185 (2011) DLT 631

Indian Penal Code, 1860 — Sections 415, 421, 422 — Cheating, dishonest or fraudulent removal or concealment of property to prevent distribution among creditors — Sections 421 and 422, IPC are the species of general provision of cheating under Section 415, IPC.

185 (2011) DLT 620

Maharashtra Control of Organized Crime Act, 1999 — Sections 2(d), 2(e), 3, 21(3) — Indian Penal Code, 1860 — Sections 302, 120B — Anticipatory Bail — Continuing unlawful activity — Petitioner had acted as a member of syndicate indulging in activities of organised crime — What is important is the nexus or link of person with organised crime syndicate.

185 (2011) DLT 602

Trade Marks Act, 1999 — Section 28 — Restraint against use of trade mark “New Indian Express” by defendants — Passing Off — No valid ground to grant injunction against use of expression “New Indian Express” and/or “New Indian Express Group” by defendants — No infringement of trade mark “Indian Express” by defendants is made out on account of use of trade mark “New Indian Express” by them — Neither “Indian Express Group” nor “New Indian Express Group” by itself is a legal entity — Expression “Indian Express Group” is being used in order to convey commonality of ownership/management of newspapers which are published by companies/business entities having same or common ownership/management — Similarly, expression “New Indian Express Group” denotes common ownership/management of companies/business entities which together form “New Indian Express Group”.

185 (2011) DLT 560

Conversion of Leasehold Right into Freehold — Non-entitlement to grant — Mandamus sought cannot be granted — Freehold conversion could not be claimed as a matter of right.

185 (2011) DLT 548

Arbitration Law — Award — Objections against — This Court is not expected to sit in appeal over Award, re-examine evidence led before Arbitrator and set aside Award only because different view is possible.

185 (2011) DLT 535

Compromise between Parties — Appeal against — Mala fide exercise to back out of settlement and satisfaction of liability which appellants undertook to clear towards respondent/plaintiff — Such type of misadventures to be visited with appropriate costs, inasmuch as respondent has been unnecessarily put to burden of costs of appeal — Impose actual costs by virtue of Volume V of the Punjab High Court Rules and Orders (as applicable to Delhi) Chapter VI Part I Rule 15.

185 (2011) DLT 535

Compromise between Parties — Once appellants admit that statement made by appellant No. 1/defendant No. 1 was on behalf of all appellants, all appellants are bound by same for decree to be passed against all of them.

185 (2011) DLT 535

Compromise between Parties — Once terms of agreement are clear, merely because party states that formal agreement in writing will be entered into, will not detract from finality of agreement already entered into.

185 (2011) DLT 535

Compromise between Parties — Statement made by parties or their Counsel in Court amounts to sufficient compliance of Order 23 Rule 3, CPC.

185 (2011) DLT 466 (DB)

Service Law — Defence Witnesses — Deposition of DWs cannot be discarded on ground of being contrary to charge as defence witnesses very much deposed about same incident for which charge was framed.

185 (2011) DLT 466 (DB)

Service Law — Documents — Supply of — Only relevant documents have to be supplied to defence.

185 (2011) DLT 435 (DB)

Criminal Trial — Burden of Proofin a criminal trial never shifts and it is always the burden of prosecution to prove its case beyond reasonable doubt on basis of acceptable evidence.

185 (2011) DLT 435 (DB)

Evidence — Confession made by an accused person while he is in custody must be excluded from evidence and that it can be only admissible if it is in conformity with conditions prescribed under Act.

185 (2011) DLT 422

SAFEMA — Acquisition of properties declared as illegal and forfeiture — “Reason to believe” recorded by the competent authority raises a doubt about source of funds of acquisition of properties — Nexus between income allegedly derived from illegal activity of smuggling and acquisition of properties not established — Quashing of orders passed by competent authority.

185 (2011) DLT 405

Civil Procedure Code, 1908 — Is Handmaid of Justice — If there are any defects in verification, Courts must allow an opportunity to correct such defective verification — Suits involving vital rights of parties cannot be disposed of without giving opportunity to correct defective verification.

185 (2011) DLT 405

Judgment on Admissions — Recovery of amount — Verification of written statement defective — Provision of Order 12 Rule 6, CPC could not be applied to vital issues of entitlement of money for goods supplied in a cursory manner — Provision of Order 12 Rule 6, CPC applies only if there are admissions.

185 (2011) DLT 346 (DB)

Copyright — “Originality” with regard to new work that is primary work does not emanate from creativity — Creativity is inherent in new work — Even in creating arithmetical exercises, author will have copyright.

185 (2011) DLT 346 (DB)

Copyright Act, 1957 — Section 52 — “Public domain” and “Fair use” — Two concepts work in altogether different fields.

185 (2011) DLT 346 (DB)

Doctrine of Fair Use — Dealing is a limitation and exception to exclusive right granted by copyright law to author of creative work — It allows limited use of copyright material without acquiring permission from right holders.

185 (2011) DLT 346 (DB)

“Guide Book” — Provides step-by-step process, explanation for reading the answer, fine points, detailed analysis of any problem, etc.

185 (2011) DLT 346 (DB)

Publication of “Guide Book” amounting to “Fair Use” — Task would be to ascertain whether purpose served by guide book is substantially different from purpose served by textbook.

185 (2011) DLT 346 (DB)

Words and Phrases — “Fair Use’ — A reasonable and limited use of copyright work without author’s permission, such as quoting from a book in a book review or using parts of it in a parody.

185 (2011) DLT 346 (DB)

Words and Phrases — “Guide” — Meaning — Manual or book of instruction on specified subject.

185 (2011) DLT 346 (DB)

Words and Phrases — “Public domain” — Meaning — Realm of publications, inventions, and processes that are not protected by copyright or patent.

185 (2011) DLT 296

Judgment on Admissions — Court is entitled to see, not only the pleadings but also documents in order to find out admitted position emerging from record.

185 (2011) DLT 296

Judgment on Admissions — Suit for possession — Termination of tenancy — Unregistered lease deed, tenancy being monthly tenancy, terminated by legal notice under Section 106, Transfer of Property Act — Admissions clearly justify passing of a decree in a suit for possession under Order 12 Rule 6, CPC.

185 (2011) DLT 274

Administration of Justice — Unscrupulous litigants who abuse process of this Court, should be dealt with sternly.

185 (2011) DLT 274

Advocates Act, 1961 — Section 30 — “Right to Practise” — Expression includes both pleading and to act.

185 (2011) DLT 274

Advocates Act, 1961 — Section 30 — “To Act” — Words of wide amplitude — An Advocate under Section 30 of Act is entitled as of right to practise law inter alia before any Tribunal.

185 (2011) DLT 274

Vakalatnama — It is well established principle of civil law that Vakalatnama issued to the Advocate enures in appeal arising from original proceedings.

185 (2011) DLT 200

Speaking Order — Reasoned order not only administrative but also judicial order must be supported by reasons, recorded by it — Reason is the heartbeat of every conclusion — It introduces clarity in order and without the same, it becomes lifeless.

185 (2011) DLT 194

“Bills”— Opportunity to represent and participate in discussion pertaining to manner and procedure of introduction of Lokpal Bill — Writ petition preferred without any legal foundation.

185 (2011) DLT 189

Constitution of India , 1950 — Art. 226 — Writ jurisdiction — Parametres to direct CBI to investigate the matter.

185 (2011) DLT 168

Delhi School Education Rules, 1973 — Rules 47, 64(1)(b), (e), (g), 75, 96, 98, 127, 128 — Education — Minority Institution — Christian denominations — Recruitment and appointment of teachers and other personnel of choice — Participation of nominee member in selection committee — Rules 47, 64(1)(b), (e) and 96 are inapplicable to aided minority schools — Rule 64(1)(g) is inapplicable to the extent that it mandates such school to fill the post without any discrimination as per recruitment rules prescribed for such post.

185 (2011) DLT 135 (DB)

Acquittal on Technical Grounds — If unauthorised person files a complaint or petition fails before Court or it fails on technical aspect, e.g. there is not proper sanction, or report not lodged by competent authority or some other procedural law which may prompt criminal Court to put an end to prosecution case — Then in such circumstances acquittal will be a technical acquittal.

185 (2011) DLT 135 (DB)

Evidence — Hostile Witness — Evidence cannot be discarded in its entirety merely on ground that witness turned hostile — Evidence can be relied upon, if otherwise found trustworthy.

185 (2011) DLT 135 (DB)

Evidence —Hostile Witness — There is no presumption of law that if a witness has turned hostile, he/she has been won over by accused.

185 (2011) DLT 76 (FB)

Delhi Value Added Tax Act, 2004 — Repeal and Saving — While interpreting a repeal and saving provision of new enactment, intention of Legislature is to be seen whether it intends to keep alive old rights and liabilities or whether it manifests intention to destroy the same — If provision relating to repeal and saving is clear and rights, obligations and liabilities accrued thereunder are saved, reliance on General Clauses Act is not necessary.

185 (2011) DLT 76 (FB)

Taxation (VAT) — Liability to tax is not dependent on assessment — It arises because of charging section.

185 (2011) DLT 76(FB)

Words and Phrases — ‘Accused’ — Term basically conveys an existent or present enforceable right, fixed right or an assessed or determined right — Concept of finality or vested right is inherent in it.

185 (2011) DLT 76 (FB)

“Obligation” — Includes every duty enforceable by law.

185 (2011) DLT 39

Corruption — Bribery — Inordinate delay in prosecution — Quashing of impugned order.

185 (2011) DLT 33 (DB)

Pleadings — Allegation made in pleadings must be specifically denied — Absence of specific denial can be construed as acceptance of fact stated.

185 (2011) DLT 33 (DB)

Taxation (Income Tax) — Reassessment Proceedings — Reassessment notice issued after about one year from original assessment was passed — New Assessing Officer not verified facts from earlier Assessing Officer who had passed earlier assessment order, as documents were missing — Cryptic order was passed without specifically dealing with facts stated by petitioner.

185 (2011) DLT 29

Suit for Damages — Some legitimate amount of guesswork is always called for in a suit for damages.

185 (2011) DLT 5

Injunction — Mandatory— Cannot be passed normally — But in cases involving, particular status which existed prior to institution of case or continuation of enjoyment of property prior to approaching of Court, Court can preserve status quo ante which may be in the form of mandatory injunction in order to enable party to continue to enjoy status for period limited or subject to satisfaction of principles of grant of injunction.

185 (2011) DLT 5

Arbitration Law — Interim Relief — Court while granting interim measures under Section 9 cannot arrive at conclusive finding as to fact that agreement is validly terminated or it is invalid — It is for Arbitral Tribunal to decide whether termination was valid or not.

185 (2011) DLT 5

Arbitration Law —Interim Relief — Court has a jurisdiction under Section 9 to preserve the subject matter of dispute in many forms depending upon facts of each case and as per orders sought for.

184 (2011) DLT 730

Adulteration — Ice candy Sticks — No case made out — Acquittal upheld — Valuation of two parameters, viz., sugar content and content of dye are at variance in two reports of Public Analyst and Director, CFL — This is not explained by prosecution.

184 (2011) DLT 720

Arbitration Law — International Award — Objections against — Existence of valid agreement between parties containing arbitration clause — Attempt made to amicably settle disputes between parties prior thereto — Award not opposed to public policy.

184 (2011) DLT 682 (DB)

Service Law — Appointment to Post of Assistant Superintendent (Jail) — Absorption because of lack of man-power and because petitioners worked for some years — Question of counting ad hoc service could not arise.

184 (2011) DLT 640 (DB)

Arbitration and Conciliation Act, 1996 — Sections 2(e), 34, 36, 37 — Objection — Award — Restricting notice to only some of the grounds ventilated in objections — Not permissible.

184 (2011) DLT 640 (DB)

Arbitration Law — Objections — Unless all grounds raised in application under Section 34 of Arbitration and Conciliation Act are dismissed at threshold, a composite notice comprehending all grounds must be issued.

184 (2011) DLT 634

Criminal Procedure Code, 1973 — Section 204(1A) — Issuance of Process — Principles — Non-compliance of Section 204(1)(A) is not an illegality which renders subsequent proceedings null and void but it is a curable irregularity.

184 (2011) DLT 623

Office of Profit — Employee of DU i.e. Reader/Lecturer, cannot be said to be holding an office of profit under Government — Holding an office of profit under MCD [Section 9(1)(j)] and under Government [Section 9(1)(g)] only is a disqualification and not holding office of profit in any other organisation — Purport of such disqualification is that there should be no conflict between duties and interest of an elected representative.

184 (2011) DLT 596

Defamation — Chairman or Managing Director of company owning a newspaper is neither editor nor printer or publisher, and therefore, no presumption can be drawn against holder of these offices.

184 (2011) DLT 591

Provident Fund — Liability to pay additional provident fund contribution on amount shown as HRA, conveyance allowance and washing allowance — Not justified — Obligation is cast upon employer to contribute fund only on basic wages, dearness allowance and retaining allowance payable to employees.

184 (2011) DLT 578

Criminal Procedure Code, 1973 — Section 482 — Inherent Power of High Court — Principles — While exercising jurisdiction, High Court would not ordinarily embark upon any inquiry whether evidence in question is reliable or not, or whether on a reasonable appreciation of it accusation would not be sustained — Section 482 of Code is not an instrument to accused to short-circuit a prosecution and bring its closure without full-fledged inquiry.

184 (2011) DLT 538

Conversion of Leasehold Rights into Freehold — Misuse charges — Compromise between landlord and tenant — Claim of misuse charges may be barred but DDA can insist upon payment as a precondition for freehold conversion.

184 (2011) DLT 518

Libel — Damages in Libel Case — Can be granted under four heads — Injury to feelings, injury to reputation, injury to health and pecuniary loss.

184 (2011) DLT 510

Transplantation of Human Organs — NOC for undergoing kidney transplantation — Rejection of — Setting aside — Merely because respondent entertains doubt of commercial trade in human organs, is no reason for respondent to exercise power not vested in him under Act and Rules.

184 (2011) DLT 489

Appearance by Advocate against a Party — An Advocate is not precluded from appearing against a party, on whose behalf he or she may have earlier appeared in another totally unconnected and unrelated action in any Court or forum, particularly when Counsel has not derived any privileged or confidential information from such a party.

184 (2011) DLT 454 (DB)

Delhi Land Reforms Act, 1954 — Section 55— Partition of Holding — “May” and “shall” — Section 55 of Act does not bar or prohibit joint Bhumidars from entering into a settlement or compromise between themselves for partition of land.

184 (2011) DLT 454 (DB)

Distinction — “May” and “Shall” — While one confers discretionary power, latter one pelts out mandatory directions.

184 (2011) DLT 454 (DB)

Family Settlement — Mutual partition between relatives relating to Bhumidari rights, are not void and illegal — Section 55 of Reforms Act is not the only manner to effect partition amongst/between joint Bhumidars — Provisions of Reforms Act neither expressly nor impliedly prohibit or bar joint Bhumidars from entering into family settlement to partition or divide their holdings.

184 (2011) DLT 454 (DB)

Words and Phrases — “May” and “shall” — Meaning — Normally, word “may” means discretion and is not mandatory — Courts do not interpret the word “may” as “shall” unless such interpretation is necessary and required to avoid absurdity, inconvenient consequence or mandated by Legislature which is collected from other parts of statute.

184 (2011) DLT 410

Administration of Justice — Court is adequately empowered to consider and pass appropriate orders even extending time to comply with Court orders or to make good deficiency in Court-fee even though time granted may have expired — However, some explanation for same must be placed before Court.

184 (2011) DLT 410

Limitation — Condonation of delay in refiling same has to be liberally granted so as to advance substantial justice.

184 (2011) DLT 407

Maintenance — Marriage dissolved on ground of cruelty — Finding of civil Court in matrimonial proceeding is binding on criminal Court — Criminal Court is not entitled to question the correctness or validity of civil Court decision.

184 (2011) DLT 390

Arbitration Law — Appointment of Arbitrator — International Commercial Arbitration — Termination of mandate and substitution of arbitrator — Appropriate Court for purposes of appointment of arbitrator is Supreme Court as CJ of India or his designate is empowered to appoint such arbitrator.

184 (2011) DLT 390

Arbitration Law — Appointment of Arbitrator — Legislature has intentionally carved out a fine distinction between matters relating to “any other arbitration” and “international commercial arbitration” when it comes to process of appointment of arbitrator.

184 (2011) DLT 390

Interpretation of Statutes — Court cannot be legislative or add words into statute.

184 (2011) DLT 390

Interpretation of Statutes — Where words of statute are clear and unambiguous, provision should be given its plain and normal meaning, without adding or rejecting any words.

184 (2011) DLT 385

Criminal Procedure Code, 1973 — Section 482 — Inherent Power of High Court — Three instances under which inherent jurisdiction may be exercised, (i) to give effect to an order under Cr.P.C.; (ii) to prevent an abuse of process of Court; and (iii) to otherwise secure the ends of justice.

184 (2011) DLT 381

Criminal Procedure Code, 1973 — Section 482 — Inherent powers — Although Section 482, Cr.P.C. starts with non-obstante clause and reiterates powers of High Court to pass any order to prevent abuse of process of law or secure ends of justice, is not conditioned or curtailed by any provisions but still Court has discretion to see whether invocation of Section 482, Cr.P.C. is justified or not.

184 (2011) DLT 381

Negotiable Instruments Act, 1881 — Sections 138, 143 r/w 145 — Dishonour of cheque — Summary trial — Concern of Legislature, while incorporating Sections 143 and 145 by way of amendment w.e.f. 6.2.2003, was to curtail delay in disposal of complaints under Section 138 of NI Act.

184 (2011) DLT 373

Medical College — Establishment of New Medical College — Rejection of application — Operational blood bank is vital for functioning of teaching hospital, in absence of same proposed medical college is deficient in terms of infrastructure facilities.

184 (2011) DLT 373

Writ Jurisdiction — This Court will not ordinarily interfere in findings of facts arrived at by expert body, till shown to be patently perverse, illegal or arbitrary.

184 (2011) DLT 362

Writ Jurisdiction — Disputed question of fact cannot be gone into in writ proceeding.

184 (2011) DLT 362

Rent Control and Eviction Laws — It is prerogative of landlord to decide whether premises are required for expansion of his business or not.

184 (2011) DLT 354

Concurrent Running of Sentences — Theft, Criminal conspiracy, Forgery, Cheating, Common intention — Petitioner as cheater by nature and habitual offender — By forging document, he can dupe or cheat anyone — Sentences awarded by Courts below are not to be run concurrently.

184 (2011) DLT 343

Drugs and Cosmetics — “Drug” — Potassium Monopersulpate (RelyOn Virkon Powder) is not a ‘drug’ within meaning of expression used in Act and Rules — Release of goods and quashing of order passed by Drugs Controller General (India).

184 (2011) DLT 343

Personal Hearing — Grant of — Authority, who is empowered to pass order alone should grant personal hearing (in all such cases where personal hearing is granted) and he alone should pass order — Grant of personal hearing is not an empty formality.

184 (2011) DLT 325

Quashing of FIR — Non-compoundable offence — To be seen in the light of fact as to whether dispute is essentially private dispute or involves fraudulent action on the part of party qua public funds.

184 (2011) DLT 273 (DB)

Service Law — Resignation — No Government servant can unilaterally sever relationship with Government — Unless accepted, resignation by Government servant is meaningless.

184 (2011) DLT 265 (DB)

Evidence — Solitary eye-witness — There is no thumb rule that solitary eye-witness in criminal case, needs corroboration and Courts have to subject testimony to each witness to test of credibility, at the same time, last seen theory has to be kept in perspective.

184 (2011) DLT 252

Trade Mark — Can be sought not only in a case of actual use but also in case of threatened use of a trade mark — Owner of trade mark need not necessarily wait till actual invasion of his rights — Law entitles him to take remedial action, well in time, whenever there is reasonable threat of his right being invaded.

184 (2011) DLT 223

Bail — Matter of judicial discretion to be exercised keeping in view facts of each individual case — Merely because it is granted in one particular fact of situation, it does not mean that petitioner is also entitled to bail.

184 (2011) DLT 193

2G Spectrum Scam Case:

Bail — Grant of — If Legislature in its wisdom has chosen not to put any limitation on power of Magistrate to grant bail to specified category of accused persons, it was incumbent to Court to consider this provision liberally in favour of accused person (Kanimozhi) by Trial Court provided no other factor against accused to deny grant of bail.

184 (2011) DLT 193

2G Spectrum Scam Case:

Bail — Grant of — Principles of law to be kept in mind while dealing with application for grant of bail as reiterated by Supreme Court in Sanjay Chandra’s case — Discussed.

184 (2011) DLT 193

2G Spectrum Scam Case:

Bail — — High Court cannot do hair splitting of order of Supreme Court and make out distinction when there is none so as to deny benefit of said order to petitioners by saying petitioners are charged for offence of conspiracy under Section 120B, IPC r/w Section 409, IPC which carries life imprisonment.

184 (2011) DLT 170

Landlord/tenant relationship — Denial/repudiation of — Relationship does not come to an end/snapped, except when order of eviction is passed.

184 (2011) DLT 164 (DB)

Labour Law — Rule that abandonment of employment is a misconduct and to be actionable, domestic inquiry is a must cannot be said to be of absolute nature.

184 (2011) DLT 164 (DB)

Labour Law — Where no domestic inquiry is held, employer is entitled straight-away to adduce evidence to justify its action and Industrial Adjudicator is bound to consider said evidence.

184 (2011) DLT 160 (DB)

Ocular Evidence — Motive — Assumes considerable significance when prosecution banks on circumstantial evidence — In cases where ocular evidence is forthcoming, absence of motive or proof of motive is an insignificant factor.

184 (2011) DLT 132 (DB)

Jurisdiction of high court — Appeal — High Court has no power to replace view of trial Court with its own view when two views possible and one was taken by trial Court.

184 (2011) DLT 130

Delhi Rent Control Act, 1958 — Section 14(1)(e) r/w Section 25(B) — Bona fide Requirement — Assertion of landlord that he is bona fidely requiring this premises for his commission business has been substantiated by documentary evidence.

184 (2011) DLT 119

Practice and Procedure — Courts while deciding academic matters would not pass any orders based on misplaced sympathy and compassion as it would lead to setting a mala fide precedent.

184 (2011) DLT 103

Rent Control and Eviction Laws — Amendment of application seeking leave to defend — Application under Order 6 Rule 17, CPC not permissible after insertion of Section 25B of DRC Act.

184 (2011) DLT 96 (DB)

Judicial Review — This Court in exercise of powers of judicial review is not called upon to undertake any exercise of re-appreciation/re-assessment of answer of petitioner but to only correct obvious mistake.

184 (2011) DLT 46

Trade Mark — Blurring between two trade domain names results in dilution of the mark.

184 (2011) DLT 39

Practice and Procedure — Courts cannot decide academic matters to protect interest of students based on misplaced sympathy.

184 (2011) DLT 39

Education — Compartmental Examination of Additional Subject — No entitlement to appear in same year.

184 (2011) DLT 23 (DB)

Taxation (Income Tax) — Penalty — Not levied after expiry of limitation period under Section 275(1)(a) of Income Tax Act — Proviso to Section 275(1)(a) of Act does not nullify availability to Assessing Officer of period of limitation of 6 months from end of the month when order of ITAT is received by Assessing Officer.

184 (2011) DLT 13 (DB)

Central Excise — Confiscation of Property or Imposition of Penalty — No show-cause notice issued — Clubbing of production/clearance — No liability could be fastened on respondent — Provisions of Section 11A of Central Excise Act are mandatory.

184 (2011) DLT 1 (DB)

Jurisdiction of Civil Court — Assessment procedure and power of special Court — Absence of Presiding Officer to man special Court does not confer jurisdiction on Civil Court, if it is ousted by statutory provision — Only remedy is to invoke extraordinary and inherent jurisdiction of writ Court.

184 (2011) DLT 1 (DB)

Writ Jurisdiction — No law can curtail inherent power of High Court under Article 226 of Constitution as it basically pertains to basic structure of Constitution.

183 (2011) DLT 791

Amendment of plaint — To add relief of possession of suit property in prayer clause — Trial cannot be said to have commenced when issues are framed and case is listed for trial — Application for amendment maintainable.

183 (2011) DLT 791

Civil Procedure Code, 1908 — Order 6 Rule 17 — Jurisdiction of Civil Court — Grant of possession of suit property — Question of jurisdiction of Civil Court cannot be examined by Court while considering application for amendment of plaint.

183 (2011) DLT 776 (DB)

Service Law — Promotion — Proforma officiating ad hoc promotion under NBR (Next Below Rule) — Re-fixation of pay and to re-calculate post-retirement benefits — In case DPC recommends ad hoc/proforma promotion of respondent No. 1, pay of respondent No. 1 would be re-fixed — His post retirement benefits would be recalculated and arrears will be paid to respondent No. 1 with 6% simple interest p.a.

183 (2011) DLT 712

Practice and Procedure — Correction of Court Record — Party cannot be allowed to file affidavit to challenge factual contents of Court record — Only way in which factual aspect wrongly recorded can be corrected is by moving same Court which has recorded wrong facts at the earliest possible — If it is not so done, record of trial Court becomes final.

183 (2011) DLT 688

Witness — Unless a witness is given an opportunity to explain what is held against him, the same cannot be held against the witness.

183 (2011) DLT 686

Rent Control and Eviction Laws — Bona fide requirement — Leave to defend — Dismissal of application of tenant suffers from no infirmity — Ownership of petitioner admitted.

183 (2011) DLT 682 (DB)

Attachment and Sale of Property in Recovery of Debt from Debtor — Exemption finally determined by Tribunal — Property cannot be made subject matter of interim order by way of restraint or injunction.

183 (2011) DLT 662 (DB)

Interpretation of Statutes — Legislative intent is to be gathered from language employed in a statute which is normally determining factor — Presumption is that Legislature has started what it intended to state and has made no mistake.

183 (2011) DLT 662 (DB)

Principles of Natural Justice — Fair and just decision in the essence of natural justice — Issuance of notice and giving an opportunity to third party serves a statutory purpose and ensures there is fair and just decision.

183 (2011) DLT 646 (DB)

“Service Tax” — Imposition — Erection of “Pandal or Shamiana”, for Hindu marriage can be treated as social function and service tax can be levied.

183 (2011) DLT 617 (DB)

“ Gift ” — Meaning of expression — Income Tax Act does not define “gift” — In general terms, gift consists in relinquishments of one’s own right of property and creation of right in another in that property.

183 (2011) DLT 617 (DB)

Question of Fact/Law — Question of fact becomes a question of law, if finding is either without any substance or material, or if finding is contrary to evidence, or perverse.

183 (2011) DLT 617 (DB)

Taxation (Income Tax) — Gifts of Immovable Property, Cash — Deduction — Entitlement — Donors are professional Advocates and practising CA — Their creditworthiness as well as genuineness of gifts and capacity to gift cannot be doubted — All gifts are absolute and without any lien of any one — No evidence on record to prove that assessee has favoured donor in any manner by acquiring gifts in question.

183 (2011) DLT 555

Arbitration Law — Award — Objections — Court hearing objections does not sit in appeal over award and it is not possible to substitute Court’s evaluation for conclusions of fact as arrived at by Arbitrator.

 183 (2011) DLT 567

“Passing Off” — What is relevant is whether there is any likelihood of defendant being able to pass off its goods/services as those of plaintiff’s.

183 (2011) DLT 535

Service Jurisprudence — Personal contact as a mode of appointment cannot be accepted — Same depends upon perspective of an individual who has not been vested with responsibility of appointment.

183 (2011) DLT 531

Recovery of Excess Pension Paid into Saving Bank Account with SBI — No notice issued — Action illegal and without authority of law — Proper course for Indian Agricultural Research Institute would be to notify petitioner about alleged excess payment and seek her explanation — Thereafter IARI would have had to pass reasoned order to be communicated to petitioner to enable her to challenge it in accordance with law.

183 (2011) DLT 507 (DB)

Circumstantial Evidence — When a case of prosecution is based on circumstantial evidence, such evidence must satisfy three tests, viz., circumstances from which inference of guilt is to be drawn, to be cogently and firmly established, circumstances unerringly point towards guilt of accused, circumstances form complete chain that in all probability crime was committed by accused and none else — Rules governing circumstantial evidence.

183 (2011) DLT 488 (SC)

Dishonour of Cheque — Liability of Director — In case of Director, complaint should specifically spell out how and in what manner Director was incharge of and responsible to accused company for conduct of its business — Mere bald statement that he or she was incharge and responsible to company for conduct of its business is not sufficient.

183 (2011) DLT 475 (SC)

Arbitration Law — Award — Objections — Limitation — 30 days from date of service of notice of filing of award and not date of knowledge of filing of award.

183 (2011) DLT 466

Doctrine of Ejusdem Generis — Does not automatically apply to restrict scope of words used in a statute, if otherwise legislative intent is clear — Doctrine will be applied only where legislative intent is manifest that general terms shall not be given broader meaning than required.

183 (2011) DLT 466

‘Service Matters’ — It encompasses all matters relating to conditions of service of employee — Issues concerning transfers and postings are “service matters” although not specifically enumerated as such in Section 3(q)(i) to (iv), ATA.

183 (2011) DLT 456

Service Law — Jurisdiction of Appellate Court — Civil Court does not sit as an Appellate Court to re-apprise findings and conclusions of disciplinary authority — Order of disciplinary authority/Appellate Court is only to be set aside if same is illegal, violative of rules, violative of principles of natural justice, perverse, violation of doctrine of proportionality in imposition of punishment.

183 (2011) DLT 430

Education — Reserved category seats must be exhausted from reserved category alone and it is only when candidates belonging to reserved category are not available, that these seats can be converted into general category seats.

183 (2011) DLT 418

Precedent — Merely because two views are possible, this Court would not interfere with one possible and plausible view taken by Court below, unless such view causes grave injustice.

183 (2011) DLT 418

Probate — Will of Deceased — Power of Attorney and Will duly executed by deceased — Once power of attorney is proved and exhibited on record and contained extensive terms to completely deal with subject property including selling of the same, same is a very strong proof that power of attorney was executed for consideration.

183 (2011) DLT 399

Words and Phrases — ‘Instigation’ — Meaning — Provoking or incitement to ‘do an act’ — It is not necessary that actual words must be used to that effect.

183 (2011) DLT 387 (DB)

Administrative Law — Administrative order — Questioning of — When statutory functionary makes an order based on certain grounds, its validity must be adjudicated by reasons so mentioned therein and it cannot be supplemented by fresh reasons.

183 (2011) DLT 387 (DB)

Constituton of India , 1950 — Art. 311(2)(b) — Constitutional law conferred upon delinquent cannot be dispensed with lightly or arbitrarily or out of ulterior motives or merely in order to avoid holding of inquiry.

183 (2011) DLT 387 (DB)

Precedent — Court should not place reliance on decisions without discussing as to how factual situation in the matter under adjudication co-relates to factual situation of decisions on which reliance is placed.

183 (2011) DLT 381

Specific Performance of Agreement to Sell — Sections 89(1)(d) and 89(2)(d), CPC r/w Rules 24(b) and 25(a) cast a mandate upon Court to pass decree after Court is satisfied that parties have arrived at a settlement.

183 (2011) DLT 377

Evidence — Delay and Laches — Disability Certificate had been obtained after two years of accident — Author of said certificate not having been examined, it could not have been admitted in evidence.

183 (2011) DLT 377

Motor Accident Claims — Evidence — Investigation in a criminal proceeding i.e. FIR, statements recorded by the Investigating Officer as also the charge-sheet are documents of relevance and could be read as evidence in proceedings before the MACT.

183 (2011) DLT 357 (DB)

Income Tax Act, 1961 — Sections 9(1)(i), 10A, 136 r/w Sections 160, 161, 162, 163 — “Representative Assessee” — Liability on behalf of non-resident — Even if business connection is proved, it would at the most make respondent No. 4 an agent of petitioners.

183 (2011) DLT 345 (DB)

SICA — Sanctioned Scheme — Sick Industrial Company — Party cannot be mulcted with consequence of deemed consent unless service of DRS (Draft Rehabilitation Scheme) is effected on designated authority in terms of circular dated 8.6.1994.

183 (2011) DLT 331 (DB)

Arbitration and Conciliation Act, 1996 — Section 34 — Arbitration award — Objections — Setting aside award — Principles of permitting parties to plead and proof at variance would be unjust and govern arbitration proceedings — Where Arbitrator adjudicates upon claim on proof entirely different than pleading, it would amount to material irregularity and requiring award to be set aside under Section 34 of Arbitration and Conciliation Act.

183 (2011) DLT 331 (DB)

Civil Procedure Code, 1908 — Order 6 Rule 2 — Pleadings — Difference between material fact to be pleaded and material particulars to be pleaded — Strict rules of pleadings envisaged by CPC do not apply to pleadings before Arbitrator — Principles contained therein would have general applicability to all pleadings.

183 (2011) DLT 331 (DB)

Civl Procedure Code, 1908 — Order 6 Rule 2 — Pleading and Proof — Principle that there cannot be any variance between pleading and proof is not expressly found in any provision of CPC but evolved by Courts with reference to Order 6 Rules 2 and 4, CPC as a general principle of law — Pleadings of parties are intended to focus issues on which parties seek a decision — It would be unjust if parties are permitted to plead and proof at variance.