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

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165 (2009) DLT 354

Arbitration Law — Enforcement of foreign award — Award of interest not permissible.

 

165 (2009) DLT 354

Enforcement of Foreign Award — Not necessary in law for foreign award made in England to have been confirmed by English Court prior to its enforcement in India .

 

165 (2009) DLT 325

Arbitration and Conciliation Act, 1996 — Section 9 — Interim Relief — Under Section 9 Court cannot be used as an instrument or tool to collect evidence for party.

 

165 (2009) DLT 330

Common Intention — ­To be inferred from act or conduct of accused persons and other relevant circumstances of case.

 

165 (2009) DLT 330

Criminal Trial — It is primarily for prosecution to decide which witness it should examine in order to unfold prosecution story.

 

165 (2009) DLT 330

Evidence — Necessity of conducting TIP arises only when accused persons are not previously known to witnesses.

 

165 (2009) DLT 303

Bail — Order granting bail cannot be set aside merely because some judgments referred by Counsel for petitioner were not discussed in course of order, whereby bail was granted.

 

165 (2009) DLT 274

Contract — Concluded Contract — Determination — Court has to scrutinise contract as entered between parties and see what was the intention of parties and whether contract between parties stood concluded or agreement was only an intention of parties to enter into future contract.

 

165 (2009) DLT 282

Criminal Procedure Code, 1973 — Section 357(3) — Compensation can only be passed when Court imposes a sentence of which fine does not form part.

 

165 (2009) DLT 267 (DB)

Criminal Trial — Suspicion is no substitute for proof in criminal prosecution.

 

165 (2009) DLT 320

Matrimonial Law — Interim Maintenance — Husband status is to be considered on basis of his income and not on basis of his job.

 

165 (2009) DLT 293

Partnership Act, 1932 — Section 69(2) — Does not apply to proceedings for enforcement of statutory right.

 

165 (2009) DLT 314 (DB)

Service Law — Leave is not a matter of right and it must be sanctioned by competent authority.

 

165 (2009) DLT 286

Trademarks — Combination of trapezium and words in it is also not an innovation which can be claimed by any body.

 

165 (2009) DLT 255

Civil Procedure Code, 1908 — Section 92 — Public Charitable Trust — Mismanagement and mal-administration — Person can seek leave of Advocate General to sue for specific reliefs which Court can grant under Section 92, CPC.

 

165 (2009) DLT 245

Order 12 Rule 6 — Judgment can be passed even on constructive admissions.

 

165 (2009) DLT 245

Order 12 Rule 6 — Judgment can be passed by Court even on its own motion without even application by party.

 

165 (2009) DLT 202

Order 21 Rule 32 — A decree for execution is executable only on same being established.

 

165 (2009) DLT 208

Contract — When contract itself provides for extension of time same cannot be termed to be the essence of the contract and default however, in such a case, does not make the contract voidable either.

 

165 (2009) DLT 241

Election Laws — Filling column in nomination form by writing ‘NA’ does not mean that respondent concealed information or had not given requisite information.

 

165 (2009) DLT 245

Partition — In case of co-owners, possession of one is in law possession of all, unless ouster or exclusion is proved.

 

165 (2009) DLT 145

Civil Procedure Code, 1908 — Order 23 Rule 3, Section 151, Order 21 Rule 11(2) — Order passed on joint application filed by parties under Order 23 Rule 3, CPC which was duly signed by parties supported by their affidavits — Execution filed by decree holder is maintainable.

 

165 (2009) DLT 151

Co-operative Societies — Membership of Society — Right may be governed by Co-operative Societies Act but once such right resulted in acquisition of immovable property by member, devolution of such immovable property will be governed not by Societies Act but by general law of succession.

 

165 (2009) DLT 151

Nomination is only for purposes of discharging society and/or perpetual lessor of land.

 

165 (2009) DLT 174 (DB)

Criminal Trial — If otherwise proved by good and clinching evidence, lapses by investigating officer cannot be allowed to become an escape route by an accused.

 

165 (2009) DLT 174 (DB)

Death Sentence — Stress caused by financial hardship, unrelated to anything else is not a mitigating circumstances where murder of nephews of wife aged 4½ years and 9 months committed by accused in brutal manner.

 

165 (2009) DLT 174 (DB)

Indian Penal Code, 1860 — Section 84 — A mental imbalance by itself does not mean that person is insane — Plea of insanity has to be proved by cogent evidence.

 

165 (2009) DLT 161

— — Section 376(2) — Rape of minor girl aged 9 years — Court may award lesser sentence only for adequate and special reasons required to be recorded in judgment.

 

165 (2009) DLT 113

Arbitration Law — Award — Objections against — Unsustainable — Petitioners entered into contract with open eyes — If arbitration clause provided that arbitration proceedings shall be conducted only by particular Arbitrator appointed by respondent such a clause is not illegal.

 

165 (2009) DLT 113

Interest Act, 1978 — Section 34 — Interest— Award of — Determination of rate — Where provision made in contract for interest, it has to be paid in accordance to such contract.

 

165 (2009) DLT 89

Labour Law — Labour Court or Industrial Court is final fact finding authority — This Court cannot re-appreciate and reassess finding on facts.

 

165 (2009) DLT 89

Termination — Held to be illegal, order removing workman from service would be rendered ineffective — Workman would be deemed to be continued in service with all consequential benefits.

 

165 (2009) DLT 136 (DB)

Ministry/Departments — File Notings — Mere writings on file in Ministry of Union does not amount to an order.

 

165 (2009) DLT 102 (DB)

Regularisation of Unauthorised Colony — 50% area should be in-built up.

 

165 (2009) DLT 123 (DB)

Sentence — No person shall be subjected to penalty greater than that inflicted under law in force at the time of commission of offence.

 

165 (2009) DLT 65 (DB)

Constitution of India , 1950 — Arts. 12, 14, 226 — “State” — ITDC Government Corporation and State under Art. 12 of Constitution — Policies so framed cannot be discriminatory and one which is arbitrary, so as to offend Art. 14 of Constitution — Scope of judicial interference by this Court under Art. 226 of Constitution is limited and narrow.

 

165 (2009) DLT 65 (DB)

Doctrine of Legitimate Expectation — Is not a right, it is not legally enforceable as such and is given a class just above “fairness in action” but below promissory estoppel.

 

165 (2009) DLT 65 (DB)

Licence Fee — Enhancement — Lower licence fee will result in higher profit earning by appellants — No justification and reason for ITDC to do so and in fact ITDC will be guilty of violation of Art. 14 of Constitution by conferring State largesse and giving benefits to appellants to exclusion of others.

 

165 (2009) DLT 65 (DB)

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Section 2(g) — Contract — Renewal of Licence — As per contractual terms, appellants cannot claim right of renewal by proportionate increase in licence fee.

 

 

165 (2009) DLT 16

Arbitration and Conciliation Act, 1996 — Section 34 — Filing of application under Section 34 of Act challenging interim award would only result into non-implementation of interim award.

 

165 (2009) DLT 6

Arbitration Law — Award — Filec in Court by unauthorised person and barred by limitation — Award cannot be made rule of Court.

 

165 (2009) DLT 12 (DB)

Labour Law — Reference of dispute — Territorial jurisdiction — Appintment letter, transfer order and letter of termination issued from Delhi , merely because workman was posted in Rajasthan at time of termination of service jurisdiction of Delhi Government not ousted.

 

165 (2009) DLT 11 (DB)

Public Interest Litigation — Is a weapon which has to be used with great care and circumspection.

 

164 (2009) DLT 701

Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment enlarging scope of suit should not be allowed.

 

164 (2009) DLT 713 (DB)

Criminal Trial — Prosecution not required to explain each and every fact of case.

 

164 (2009) DLT 713 (DB)

— — There can be no precedents at criminal trial.

 

164 (2009) DLT 713 (DB)

Murder — Murder of Wife — Whenever a housewife is found dead as a result of poison and husband was in house there was no suicide note found — Conduct and mental condition of wife and husband are relevant.

 

164 (2009) DLT 657

Arbitration Law — Reasons given by arbitrator must be intelligible reasons and must be reasons in law — Any and every observation cannot be taken as reasons required in law — Reasons must have nexus with findings so arrived at.

 

164 (2009) DLT 659 (DB)

Departmental inquiry vis-a-vis criminal trial — Standard of proof — Different — While in criminal trial proof is required beyond reasonable doubt, what is required in departmental inquiry is only finding of guilt on preponderance of probability.

 

164 (2009) DLT 596 (DB)

Criminal Trial — Minor contradictions which do not hit at the root of the case of the prosecution are to be ignored by the Courts.

 

164 (2009) DLT 596 (DB)

Evidence — Expert Evidence — Based on methodology, which diverges significantly from procedures accepted by recognised authorities in field would not be evidentially reliable.

 

164 (2009) DLT 596 (DB)

Indian Penal Code, 1860 — Section 302 — Three knife blows given on vital organ of deceased — Conviction of accused under Section 302, IPC proper.

 

164 (2009) DLT 596 (DB)

— — Section 326 — Court is not concerned with classification made by doctor as to whether hurt was simple or grievous.

 

164 (2009) DLT 596 (DB)

Sentence — Death sentence — Imposition of — Repentance of accused is mitigating circumstances.

 

164 (2009) DLT 530 (DB)

Arbitration and Conciliation Act, 1996 — Section 9 — Contract which has been terminated cannot be restored under Section 9.

 

164 (2009) DLT 539 (DB)

Principle of forum non conveniens — Does not apply to civil suits in India which are governed by Code of Civil Procedure.

 

164 (2009) DLT 539 (DB)

Specific Relief Act, 1963 — Section 41(b) — Anti-suit injunction cannot be issued by domestic forum against another domestic forum in India in view of specific bar contained in Section 41(b) of Specific Relief Act.

 

164 (2009) DLT 539 (DB)

Transfer of Proceedings — Mere balance of convenience in favour of proceedings in another Court, albeit material consideration may not always be sure criterion justifying transfer.

 

164 (2009) DLT 515 (DB)

Ancient Monuments Archaeological Sites — Area of 100 metres surrounding Humayun’s tomb is declared “prohibited area” vide Notification dated 16.6.1992 and prohibiting construction.

 

164 (2009) DLT 515 (DB)

There is no provision in 1959 Rules that permits Central Government to give permission for construction in prohibited area.

 

164 (2009) DLT 500

Criminal Procedure Code, 1973 — Section 156(3) — Registration of Case — Power under Section 156(3), Cr.P.C. is not to be exercised enabling complainant to misuse provisions by seeking registration of FIR, which has not been registered on complaint made to S.H.O. by complainant himself.

 

164 (2009) DLT 508

Indian Penal Code, 1860 — Section 498A — Cruelty need not be physical, even mental torture may amount to cruelty.

 

164 (2009) DLT 471

Arbitration Law — Concept of venue of arbitration is entirely different from concept of jurisdiction of Courts which cannot be conferred upon particular Court, even with consent of parties.

 

164 (2009) DLT 471

Place of arbitration — It is irrelevant whether any cause of action had arisen at that place or not.

 

164 (2009) DLT 471

Termination of Mandate of Arbitrator — Arbitrator has resupplied claim statement containing the initial blanks in claim statement, it cannot be said that arbitrator was biased against petitioner — Arbitrator cannot tamper with claim statement filed by respondent — No case made out.

 

164 (2009) DLT 473

Civil Contempt — There must exist judgment, decree, direction, order, writ or process of Court or there should be an undertaking given by defendant to Court — All disobediences are not covered under contempt of Courts — Only those disobediences are covered which are specifically provided under Act.

 

164 (2009) DLT 483

Civil Procedure Code, 1908 — Section 151 — Inherent Powers — Court has inherent powers to consider an application wherein wrong provision is mentioned — It cannot be an obstacle for granting relief made out from contents of application.

 

164 (2009) DLT 479

Hindu Succession Act, 1956 — Sections 8, 8(a) — Hindu Male Dying Intestate — Rules of succession as laid down in Section 8 — Property which devolves on Hindu under Section 8 would not be HUF property in his hand, vis-a-vis his own sons.

 

164 (2009) DLT 479

Hindu Law — Joint family property — The moment a son is born, he gets a share in his father’s property and becomes a part of coparcenary — Such a right accrues in favour of his son by virtue of his birth and not on date of demise of father or inheritance from father.

 

164 (2009) DLT 475 (DB)

Service Law — Creation of Post — Lies exclusively in domain of executive — No mandamus can be issued by any Court to the Executive to create a post.

 

164 (2009) DLT 483

Transfer of Property Act, 1882 — Section 54 — Unregistered/unstamped documents shall have no effect on property and they are unenforceable under Section 54 of Act.

 

164 (2009) DLT 433 (FB)

Central Excise and Salt Act, 1944 — Sections 11A, 11A(3)(ii)(b), 4, 4(1)(a), 4(4)(c) — Central Excise (Valuation) Rules, 1975 — Rule 5 — Central Excise Rules, 1944 — Rules 173Q, 9B(5) — Show-cause notice under Section 11A of Act cannot be issued during pendency of assessment proceedings — Provisions of Section 11A get triggered only upon completion of final assessment proceedings — When show-cause notice was issued assessment proceedings were undoubtedly incomplete and provisional.

 

164 (2009) DLT 444 (DB)

Company Law — Company is separate legal entity — It is not as if any shareholder irrespective of its percentage of shareholding can interfere with the affairs of the Company. They would, of course, have a right to speak in a shareholders meeting.

 

164 (2009) DLT 459

Dowry Demand — Demand for Rs. 50,000/- for business from in-laws does not amount to dowry demand.

 

 

164 (2009) DLT 459

FIR — Delay in filing, by itself cannot be a ground to doubt the prosecution case and discard it — Delay in lodging the FIR would put the Court on guard to search if any plausible explanation has been offered and if offered whether it is satisfactory.

 

164 (2009) DLT 414

Criminal Procedure Code, 1973 — Section 125 — Interim Maintenance — Order can be passed by Court on basis of prima facie evidence.

 

164 (2009) DLT 414

— — Section 125 — Interim Maintenance — Whether income of husband has been rightly assessed does not have any merit at stage of grant of interim maintenance.

 

164 (2009) DLT 402

Dental Education — Dental Council of India has not framed any such regulation which will restrict admission of a candidate who is entitled for admission on basis of his merit ranking in entrance examination on ground that he has appeared after considerable gap of passing qualifying examination.

 

164 (2009) DLT 414

Interlocutory Order — Modification/setting aside — Permissible in exercise of inherent jurisdiction.

 

164 (2009) DLT 395

Fraud — Plea of fraud can be taken by making specific allegations of fraud and has to be decided on basis of evidence of fraud.

 

164 (2009) DLT 392

Limitation — Condonation of Delay — Ground — Fault of Counsel, however no complaint made against Counsel — Plea that the Counsel had informed him erroneously of the fate of the case cannot be considered as a sufficient cause for condonation of delay — Vide Darshan Lal case, 110 (2004) DLT 516.

 

164 (2009) DLT 397

Transfer of Property Act, 1882 — Section 53A — Increase of rent in part performance of Lease Deed for its renewal after every 3 years by way of oral unregistered Lease Deed does not protect possession of tenant under Section 53A of Act.

 

164 (2009) DLT 341

Injunction — When injunctionis issued against Shipping company — Court must protect interest of shipping company i.e. directions should be made regarding payment of demurrage charges.

 

164 (2009) DLT 346 (DB)

Monetary Claim — Can be awarded in writ petition.

 

164 (2009) DLT 346 (DB)

Writ Jurisdiction — Exercise of — Court can always mould relief.

 

164 (2009) DLT 346 (DB)

Writ Petition — Maintainability — Pendency of criminal proceeding is no bar.

 

164 (2009) DLT 346 (DB)

No period of limitation has been statutorily prescribed for filing petition under Art. 226 of Constitution.

 

164 (2009) DLT 330

Arbitration Law — Arbitrator has given short intellegible reasons in support of conclusion that he has arrived at, award not liable to be set aside.

 

164 (2009) DLT 334

Drugs and Cosmetics Rules, 1945 — Drug licence in residential area can be granted only after considering provisions of Master Plan of 2021.

 

164 (2009) DLT 332

Education — Petitioner a lawyer earning Rs. 84,000/- and residing in South Delhi is not entitled to fee exemption for his son under scheme formulated for economically weaker sections.

 

164 (2009) DLT 277

Recovery Suit — Non-joinder of necessary party — Effect of — Suit for recovery of Euro 44,842/- along with pendente lite and future interest at 16.5% p.a. and costs — Suit is bad for non-joinder of proper and necessary parties.

 

164 (2009) DLT 277

Territorial Jurisdiction of Court — Suit for recovery along with pendente lite and future interest @ 16.5% p.a. and costs — Business inquiries are not precluded from being made at said office situated in Delhi — This Court has jurisdiction to decide suit.

 

164 (2009) DLT 265

Employees’ Provident Funds — Principal employer liable to deposit employer’s and employee’s share of contribution of provident fund with Regional Provident Fund Commissioner even in case of contract labourers through contractors.

 

164 (2009) DLT 252

Motor Vehicles Act, 1988 — Section 158(6) — Accident Information Reports (AIR) — Forwarding of, to Claims Tribunals — Mandatory requirement.

 

164 (2009) DLT 197 (DB)

Arbitration Law — Execution of award — Decree holder can take steps for executing award wherever assets of judgment debtor are to be found.

 

164 (2009) DLT 218 (DB)

MCOCA — Offence committed prior to coming into force of act cannot be taken into account for offence under Section 3(1) of Act.

 

164 (2009) DLT 205

Right to Information Act — Once EVMs are sealed it is no longer open to Election Commission to de-seal them and re-examine data stored in control unit except when pre-conditions mentioned in relevant rules are satisfied.

 

164 (2009) DLT 197 (DB)

Arbitration Law — Execution of award — Decree holder can take steps for executing award wherever assets of judgment debtor are to be found.

 

164 (2009) DLT 218 (DB)

MCOCA — Offence committed prior to coming into force of act cannot be taken into account for offence under Section 3(1) of Act.

 

164 (2009) DLT 205

Right to Information Act — Once EVMs are sealed it is no longer open to Election Commission to de-seal them and re-examine data stored in control unit except when pre-conditions mentioned in relevant rules are satisfied.

 

164 (2009) DLT 157

Criminal Procedure Code, 1973 — Section 438 r/w Section 482 — Rape — Consensual sex after false marriage promise not rape — Petitioner entitled to anticipatory bail.

 

164 (2009) DLT 153

Right to Information Act, 2005 — Section 8(1)(j) — Right to information is a part of right to freedom of speech and expression — Section 8(1)(j) of Act balances right to privacy and right to information.

 

164 (2009) DLT 131

Trademark — Passing off — Guiding principle in case of passing off is possibility of deception/confusion.

 

164 (2009) DLT 131

— — Passing off — Test for purpose of interim relief is much strictor in case of passing of than in case of infringement.

 

164 (2009) DLT 110

Civil Procedure Code, 1908 — Suit once instituted by litigant, has to be disposed of strictly as per procedure prescribed in CPC, not in cursory or summary fashion.

 

164 (2009) DLT 110

— — Section 9 — There is inherent right in every person to institute a suit of civil nature and to maintain such a suit, he does not require authority of law.

 

164 (2009) DLT 116

Motor Accident Claims — Increase in minimum wages is not akin to future prospects.

 

164 (2009) DLT 119 (DB)

Service Law — SC/ST candidate who had attained ranking in select list, on basis of relaxed standards cannot claim their appointment on unreserved post.

 

164 (2009) DLT 110

Suit — Effect of dismissal of suit is entirely different and distinct from rejection of plaint.

 

164 (2009) DLT 73

Arbitration and Conciliation Act, 1996 — Amalgamation of Companies — Arbitration proceedings and mandate of Arbitrator does not come to an end.

 

 

164 (2009) DLT 95

Labour Law — Reinstatement/Back Wages — Claim dismissed, management proved that workman left employment after receiving full and final payment.

 

164 (2009) DLT 75

Trademark — Infringement and passing off — Merely because defendants are small traders compared to plaintiff they cannot be permitted to pass off their goods as that of plaintiff.

 

164 (2009) DLT 75

Trademarks Act, 1999 — Section 27(2) — Right of plaintiff to seek injunction on basis of passing off cannot be negated only because there is registration granted in favour of defendant for same or similar mark.

 

164 (2009) DLT 43

Registration — Absence of registered deed of tenancy, implies tenancy was month to month.

 

164 (2009) DLT 39

Delhi Rent Control Act, 1958 — Section 6A — There is no provision for increase of contractual rent in Act except under provisions of Section 6A of Act.

 

164 (2009) DLT 59

Trademark — Infringement — Exporting of goods from country is to be considered as sale within country from where goods are exported and same amounts to infringement of trademark.

 

160 (2009) DLT 642

Arbitration Law — An appointing authority, which is not a Court, is not to perform any adjudicatory functions.

160 (2009) DLT 642

Arbitral award opposed to public policy of India will be liable to be set aside.

160 (2009) DLT 642

Constitution of Arbitral Tribunal — Since petitioner had not filed objections within 15 days from date of becoming aware of Constitution of Arbitral Tribunal, petitioner had waived its right to file the same.

160 (2009) DLT 642

One party to an arbitration agreement cannot by his own act or omission prevent other from having its disputes resolved by arbitration.

160 (2009) DLT 642

Pleadings — No ground taken orally or in written submission deserves to be considered unless same form a part of pleadings.

160 (2009) DLT 610

Arbitration Law — Limitation — Article 137 of Limitation Act apply to application for appointment of Arbitrator.

160 (2009) DLT 622

Hindu Marriage Act — Section 24— Maintenance directed to be paid is meant to ensure that spouse enjoys same monetary status and facilities as he or she was enjoying prior to separation.

160 (2009) DLT 583 (DB)

Arbitration Law — Court is entitled to interfere if contractual clause is not followed by Arbitrator.

160 (2009) DLT 599

Criminal Procedure Code— Section 341 — Appeal can be filed by either complainant seeking to invoke Section 340, Cr.P.C. or by a person against whom Court below has invoked provision.

160 (2009) DLT 599

Criminal Procedure Code— Section 340 — Expression “ought to be prosecuted” also indicates formation of an opinion that it was expedient in the interest of justice that respondent should be prosecuted.

160 (2009) DLT 589

Pension — Employer have right to reduce pension without taking into account running allowances.

160 (2009) DLT 591

Specific Relief Act — Section 41 — Attempt to prohibit defendant from presenting cheques issued by plaintiff in favour of defendant, shall amount to placing fetters on a legal right of defendant to approach Court of law for seeking relief on account of non-encashment of cheques.

160 (2009) DLT 548

Arbitration Law — Objection to Award — Court is not required to go into reasonableness of reasons given by Arbitrator.

160 (2009) DLT 555 (DB)

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act — Benefits will be available to employees till he attains age of superannuation and Act does not permits extention of service of an employee despite incurring disability during tenure of service.

160 (2009) DLT 489 (DB)

Arbitration Law — A contract is governed only by its terms and not by any other terms of any other contract and much less with performance of other contract which has nothing to do with performance of other contract in question.

160 (2009) DLT 526 (DB)

Condonation of Delay — Misconceived application does not give valid ground for condonation of delay as cannot be termed
bona fide pursuit of another remedy.

160 (2009) DLT 514

Criminal Procedure Code — Section 173(8) — Further Investigation cannot be ruled out merely because cognizance of case had been taken by Court.

160 (2009) DLT 505

Section 344 — Section has no application where no evidence was led not any false affidavit was filed not any other act or omission was committed on part of witness.

160 (2009) DLT 459

Consumer Protection Act — Section 2(1)(d) — Consumption of any refreshment or beverages by member or guest at a club would not bring him within definition of ‘consumer’.

160 (2009) DLT 478

Dishonour of Cheque — While entertaining a complaint Magistrate at pre-summoning stage, can insist upon complainant producing proof of dispatch of notice in terms of NI Act sent to drawer of dishonoured cheque.

160 (2009) DLT 439

Arbitration Law — Composition of Arbitral Tribunal is not in accordance with agreement of parties, award can be set aside by Court.

160 (2009) DLT 417 (DB)

Trademarks — Passing off — If two trademarks are not identical but only deceptively similar, then test of passing off are to be applied.

160 (2009) DLT 417 (DB)

Trade Marks Act — Section 34 — Ordinarily it is prior user of trademark who is owner of trademark.

160 (2009) DLT 390

Arbitration Law — Arbitrator is bound by contract between parties and he cannot create a new contract between parties.

160 (2009) DLT 407

Arbitration Law — Awards or portion of awards, which was contrary to contract or contravened substantive provisions of law, should be set aside.

160 (2009) DLT 390

Contract — A contract between parties comes into force only when parties agree to terms and conditions, fully knowing the terms and conditions.

160 (2009) DLT 374

Company Law — Board resolution of one company cannot bind other companies.

160 (2009) DLT 379

Dishonour of Cheque — Territorial jurisdiction — Accused shifted residence, Court in whose territorial jurisdiction drawee bank is situated would entertain complaint.

160 (2009) DLT 365

Labour Law — Compensation — Quantum of wages, number of years of service rendered by petitioner should primarily be factors which must be considered by Labour Court to decide compensation.

160 (2009) DLT 379

Precedents — When two decisions of coordinate Benches of Supreme Court are cited, the later one prevails.

160 (2009) DLT 360 (DB)

Res judicata — Applicability — If former suit is dismissed without any adjudication on matter in issue or merely on technical ground of non-joinder, that cannot operate as res judicata.

160 (2009) DLT 339

Arbitration Law — Charging exorbitant fee is not a ground for termination of mandate of Arbitrator.

160 (2009) DLT 334

SEBI — Scheme floated by petitioners providing for assured minimum dividend — Same accepted by respondent — Petitioners to pay dividend as per assured return.

160 (2009) DLT 350

Transfer of Property — Principle of lis pendens — Even if there is no injunction, principle of lis pendens enshrined in Section 52 of Act applies.

160 (2009) DLT 277 (DB)

Constitution of India — Art. 14 — Right to equality — Section 377, IPC is violative of Art. 14 as public
animus and disgust towards particular social group is not valid ground of classification under Art. 14 of Constitution of India.

160 (2009) DLT 277 (DB)

Constitution of India — Art. 21 — Section 377, IPC denies a gay person right to full personhood which is implicit in notion of life under Art. 21 of Constitution.

160 (2009) DLT 277 (DB)

Indian Penal Code — Section 377 — Violative of Arts. 21, 14 and 15 of Constitution, insofar as it criminalises consensual sexual acts of adults in private.

160 (2009) DLT 277 (DB)

Indian Penal Code — Section 377 — Will continue to govern “non-consensual penile non-vaginal sex” and “penile non-vaginal sex involving minors”.

160 (2009) DLT 259

Cheque — Mere possession of cheque does not entitle holder thereof to monies thereunder when challenged.

160 (2009) DLT 259

Civil Procedure Code — Order 37 — Cheque presented for payment to bank after death of drawer and returned unpaid for reason of death, ceases to be a cheque for suit under Order 37, CPC to be maintainable.

160 (2009) DLT 242 (DB)

Lease — Conversion of period lease into perpetual lease — Crucial date for levying conversion charges and additional premium would be 3 months after receipt of complete application for conversion, if application for conversion made after 1.4.1977.

160 (2009) DLT 256

Public Premises (Eviction of Unauthorized Occupants) Act — A visitor to a hotel who avails of services of hotel for consumption of food and beverages can by no stretch of imagination be treated as either authorised occupant of public premises or unauthorised occupant of same.

160 (2009) DLT 267 (DB)

Trade Mark — Injunction — Acquiescence means something more than mere silence on part of plaintiff.

160 (2009) DLT 219 (DB)

Civil Procedure Code — Order 41 Rule 5 — Appellate Court does have power to put appellant tenant on terms while granting stay of decree for eviction.

160 (2009) DLT 231 (DB)

Substitution of Legal Representatives — Suit for recovery of money — In case of personal allegation and claim liability of deceased would only be tortuous and not contractual and estate of deceased has not benefited, therefore LRs deceased cannot be brought on record.

160 (2009) DLT 224

T.I.P. — Merely because informant does not bring fact that accused persons were shown to him before holding T.I.P. before M.M. who held T.I.P. would not help prosecution to sustain charges against accused persons.

160 (2009) DLT 185

Compromise Decree — No independent suit lies to set aside decree on ground that compromise on which decree is passed was not lawful.

160 (2009) DLT 171

Framing of Issue — In absence of pleadings, an issue should not be framed on a question/claim that is not a part or arises from pleadings.

160 (2009) DLT 194 (DB)

Judicial Services — Vacancies should fill up expeditiously and not to have vacancies existing over a long period of time affecting efficacy of judicial system.

160 (2009) DLT 171

Tenancy — Payment of rent by third person does not make said third person a tenant.

160 (2009) DLT 148

Delhi Apartment Ownership Act — Only association of apartment owners has right to maintain common areas and amenities and facilities in multi-storeyed building.

160 (2009) DLT 135

Revision — After right of revision is exercised by petitioner, a second revision on his behalf is barred under Section 397(3), Cr.P.C.

160 (2009) DLT 159 (SC)

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.

160 (2009) DLT 118 (DB)

Civil Procedure Code — Order 9 Rule 4 — Restoration of suit — Notice is required to be issued only to party which is actually present at hearing on which dismissal of suit occurred.

160 (2009) DLT 100

Document — Permissible in law to permit party to civil suit to file only photocopy of document and exempt such party from placing original document on file of Court.

160 (2009) DLT 125

Labour Law — Transfer — No inherent right in an employer to transfer his employee to another place where he chooses to start a business subsequent to date of employment in absence of express term in contract of service.

160 (2009) DLT 118 (DB)

Practice and Procedure — Courts of law are always at pains to ensure that parties have been duly served, as a one-sided hearing is anathema to law.

160 (2009) DLT 77

Banking Law — ‘Wilful Defaulter’ — Declaration for, banks and financial institutions are required to follow guidelines of Master Circular introduced by R.B.I. before declaring borrower a wilful defaulter and communication to be sent to borrower.

160 (2009) DLT 87 (DB)

Delhi Co-operative Societies Rules — Rule 89(1)— Award — Extension of time for making award only by request in writing to registrar, co-operative societies.

160 (2009) DLT 55

Arbitration Law — Bias alleged against Arbitrator, application to be made before him if Arbitrator rules he was not biased, arbitration proceedings to continue and award can be challenged under Section 34 of Arbitration and Conciliation Act.

160 (2009) DLT 64

Blacklisting — Obligatory to issue — Show cause notice to petitioner.

160 (2009) DLT 42 (DB)

Practice and Procedure — A person who makes false averment and does not come to the Court with clean hands is liable to be thrown out at the threshold and appropriate action initiated against him in accordance with law.

160 (2009) DLT 14 (DB)

Delhi Cooperative Societies Rules — Rule 25(1)(c)(i) Proviso — Co-sharers
of joint ancestral properties having share of less than 66.72 sq. metres of land not to be disqualified.

160 (2009) DLT 18

Principle of Law — Definition of one particular enactment cannot be transplanted into another enactment.
159 (2009) DLT 78 CONTEMPT OF COURT - Civil Contempt - Mere disobedience of an order may not be sufficient to amount to a 'Civil Contempt'.

159 (2009) DLT 101 RENT CONTROL & EVICTION LAWS - Bona fide Requirement - Neither Court nor tenant can dictate to landlord as to how he should live and to what use he should put each and every portion to.

159 (2009) DLT 101 Bona fide Requirement - Court has only to look into cause of action which was available at time when eviction petition was instituted and subsequent event cannot be look into.

159 (2009) DLT 60 CIVIL PROCEDURE CODE - Order 13 Rule 4 - Absence of exhibit mark on document will not preclude Court from considering said document if evidence in respect of proof of document has been led.

159 (2009) DLT 60 INTEREST - In absence of any claim for interest prior to date of institution and without paying Court fees on the same, it is not appropriate to award interest till the date of filing of suit.

159 (2009) DLT 40 NDPS - Section 42 - Provision of Section 42 are not applicable when search and seizure of contraband was effected during day in a public place.

159 (2009) DLT 46 RES JUDICATA - If order is nullity, it cannot be treated as res judicata for subsequent proceedings.

159 (2009) DLT 46 Oust jurisdiction of Court for deciding a lis which has been disposed of on merits by speaking order.

159 (2009) DLT 46 TENDER - Right of state to refuse lowest or highest tender cannot be questioned on ground of infringement of Art. 14.

158 (2009) DLT 1 (DB) MASTER PLAN - Space earmarked for particular purpose under master plan cannot be used for any other.

158 (2009) DLT 1 (DB) NURSING HOME - Until and unless nursing home has complied with all requirements not only under Master Plan of Delhi but under other statutes as well, it ought not to be permitted to continue operating as a nursing home.

158 (2009) DLT 16 PREVENTION OF CORRUPTION - Investigation, by a person not authorised, may be irregular and defect in investigation would not vitiate proceedings.

158 (2009) DLT 759 CONSTITUTION OF INDIA - Article 19 - Rights are unavailable to artificial or juristic personalities, like companies.

158 (2009) DLT 759 INJUNCTION - Publication of protected speech cannot qualifying for restraint through injunction.

158 (2009) DLT 713 CIVIL PROCEDURE CODE - Order 22 Rule 1 - Right to sue means right to prosecute proceedings and does not mean original right of plaintiff/petitioner to sue.

158 (2009) DLT 739 CONTRACT OF SERVICE - Court cannot enforce contract of service on some one as a contract of service is not specifically enforceable.

158 (2009) DLT 713 SUCCESSION - Letters of Administration - Person to whom Letters of Administration are granted does not thereby become entitled to property or estate of deceased, and estate still succeeds according to law of succession applicable to deceased.

158 (2009) DLT 722 (DB) TAXATION (SERVICE TAX) - Renting of immovable property for use in course or furtherance of business of commerce by itself does not entail any value addition and, therefore, cannot be regarded as a service for 'service tax'.

158 (2009) DLT 697 BAR COUNCIL OF INDIA - Declaration by Advocate - The obligation to make disclosure or declaration is only upon an Advocate who appears on state roll and is also subject to any of disqualification.

158 (2009) DLT 685 DISHONOUR OF CHEQUE - Payment after statutory period does not exonerate accused from offence under Section 138, Negotiable Instruments Act.

158 (2009) DLT 680 SERVICE LAW - Compassionate Appointment - Appointment on Compassionate ground is not matter of right nor normal procedure of recruitment, therefore, at a given point of time, comparative merit/need of family is bound to be seen.

158 (2009) DLT 690 (DB) SUBORDINATE LEGISLATION - Subordinate legislation cannot be said to be valid unless it is within scope of rule making power provided in statute.

158 (2009) DLT 670 CIVIL PROCEDURE CODE - Order 7 Rule 14(3) - Provisions bars production of any such documents after filing of suit without leave of Court.

158 (2009) DLT 670 FRAMING OF ISSUE - Issues are not only framed out of pleadings but also out of documents relied upon by parties.

158 (2009) DLT 662 (DB) RENT CONTROL AND EVICTION LAWS - Tenant could not recover amount from landlord where without obtaining previous consent of Rent Controller necessary work was done by tenant.

158 (2009) DLT 649 (DB) WRIT JURISDICTION - High Court has ample powers to issue direction that a party who suffered injustice is suitably restituted or placed in a position as nearly as possible.

158 (2009) DLT 610 INJUNCTION - No transfer of title/right gets transferred so long as there is restrain order of Court in operation and Court in contempt proceeding itself declare that all transfers of properties were void and were to be ignored and sale documents did not pass over title to any third party.

158 (2009) DLT 631 (DB) SUCCESSION - Will - Law does not require that Will should be read over to attesting witnesses.

158 (2009) DLT 549 (DB) Parliament Attack Case CRIMINAL TRIAL - A plea in defence, even if not proved, does not entitle prosecution to secure an order of conviction on the accused for that reasons alone.

158 (2009) DLT 549 (DB) Parliament Attack Case POTA - Confessional statement of one accused cannot be used against co-accused even if both are being tried together for same offences.

158 (2009) DLT 549 (DB) Parliament Attack Case - - Confessional statement of different accused persons in same trial cannot be used to corroborate each other's confessional statement.


158 (2009) DLT 522 CIVIL PROCEDURE CODE - Order 7 Rule 14 - Plaintiff has no legal vested right to file a document at belated stage, i.e. at final hearing of suit.

158 (2009) DLT 522 Order 13 Rule 1 - Parties have to produce all documents in their power and possession before settlement of issues.

158 (2009) DLT 531 EXECUTION OF DECREE - Party could not have sought execution of decree in a suit, which was dismissed as withdrawn on prayer of parties offer filing compromise agreement between them.

158 (2009) DLT 539 NDPS - Section 67 - Prohibition apply to statement made in police custody does not apply to statement made before Intelligence Officer operating under powers vested in him by NDPS Act.

158 (2009) DLT 518 PRACTICE AND PROCEDURE - Substantive rights of a party cannot be allowed to be defeated on account of either procedural irregularity or mistake by a party which is curable.

158 (2009) DLT 518 SUPPRESSION OF FACTS - Party which suppresses facts or does not make a complete disclosure is not entitled to any relief from Court.

158 (2009) DLT 493 COSTS - Successful party is entitled to costs, unless he is guilty of misconduct, negligence or omission.

158 (2009) DLT 505 SERVICE LAW - Compulsory retirement is punishment different than dismissal.

158 (2009) DLT 472 CIVIL PROCEDURE CODE - Order 9 Rule 13 - Simply by saying that authorised representative was negligent in conducting matter would not be 'sufficient cause' to set aside ex parte decree.

158 (2009) DLT 460 (DB) SERVICE LAW - Leave is not matter of right and can be refused if exigency of service so demands.

158 (2009) DLT 438 LABOUR LAW - Workman - Physical education teacher - Teacher by no stretch of imagination could be said to be workman.

158 (2009) DLT 442 RENT CONTROL & EVICTION LAWS - An heir of deceased tenant, who is not in use and occupation of tenanted premises and who does not exercise the rights and fulfills obligations of tenant by payment of rent is deemed to have impliedly surrendered his tenancy rights he may have inherited.

158 (2009) DLT 409 (DB) ARBITRATION LAW - Issue of levy of liquidated damages was an "excepted matter" and therefore cannot be arbitrated upon by the Arbitrator.

158 (2009) DLT 409 (DB) CONTRACT - Letters of credit and Bank Guarantees constitute independent contracts between banker and beneficiary and should not be interdicted at the behest of party whose instance guarantee is issued.

158 (2009) DLT 409 (DB) INJUNCTION - Bank Guarantees - Injunction could not and should not have been granted against encashment of Bank Guarantees.

158 (2009) DLT 359 CIVIL PROCEDURE CODE - Order 7 Rule 11 - Disputed questions cannot be decided at time of considering application under Order 7 Rule 11, CPC.

158 (2009) DLT 367 (DB) CONTRACT/TENDER - State or its instrumentalities should not give contracts by private negotiation but by open public auction/tender after wide publicity.

158 (2009) DLT 351 COSTS - Successful party is entitled to costs, unless he is guilty of misconduct, negligence or omission.

158 (2009) DLT 327 INDUSTRIAL DISPUTES ACT - Section 17B - Payment under Section 17B is in nature of subsistance allowance which would not be refundable or recoverable from workman even if award is set aside by High Court or Supreme Court.

158 (2009) DLT 347 RES JUDICATA - Finding of Court of small causes that respondent was owner of tenanted premises, would disentitle tenant from raising this plea in other suit/petition.

158 (2009) DLT 340 (DB) SERVICE LAW - Delhi Police Act - Employee/Constable was under obligation to attend Roll Calls and be available to authorities, even under suspension.

158 (2009) DLT 305 BAIL - Media reports appearing in different TV channels cannot be looked into by Court while considering bail application.

158 (2009) DLT 305 NDPS - Confession - Statement recorded by DRI officers is not hit by Section 25 of Evidence Act as statement not made to police officer but to person who was acting under special statute.

158 (2009) DLT 265 (DB) ARBITRATION LAW - What is agreed to be final and binding cannot give rise to arbitrable dispute.

158 (2009) DLT 275 LIMITATION - While seeing the condition of delay in re-filing, provisions of Section 5 of Limitation Act and rigours of law of limitation will not be applicable.

158 (2009) DLT 286 REVIEW - Review application be allowed as applicant has explained sufficient reasons for inadvertent mistake committed by previous counsel.

158 (2009) DLT 229 (DB) ARBITRATION LAW - Appointment of Arbitrator can be made by appointing an office by designation.

158 (2009) DLT 247 DOCUMENT - Producing witnesses to a document is one of methods to prove disputed document.

158 (2009) DLT 225 (DB) PRINCIPLE OF LAW - Statutory power can be curtailed or abridged or taken away only by reason of provisions of statute and not otherwise.

158 (2009) DLT 234 REVIEW - "Sufficient reason" - Expression include a misconception of fact or law by a Court or even by an Advocate.

158 (2009) DLT 208 INJUNCTION - Defendant cannot be restrained from taking recourse to legal proceedings in Court where plaintiff initiated proceedings and defendant had agreed to submit to Court.

158 (2009) DLT 212 (DB) SERVICE LAW - Grant of back wages and relief of reinstatement is not automatic.

158 (2009) DLT 217 SERVICE LAW - Resignation - Employee may resign at any time, unless there is some thing contrary in service rules or contract.

158 (2009) DLT 176 UGC - Power to make declaration conferring status of Deemed University on an institution of higher education vests in Central Government and State Government has no role to play.

158 (2009) DLT 132 (DB) ARBITRATION LAW - No objection to award preferred - Court has duty to examine award to satisfy itself that no ground is made out to set aside award.

158 (2009) DLT 136 EVIDENCE - Any evidence which is led beyond pleadings cannot be looked into.

158 (2009) DLT 130 MOTOR ACCIDENT CLAIMS - Minor driving insured vehicle as not possessing any licence at all - Insurance Company not liable to satisfy award.

158 (2009) DLT 119 ARBITRATION LAW - Arbitral Tribunal has jurisdiction to rule, not only about its own jurisdiction but also about the validity of the agreement and all the issues raised by parties.

158 (2009) DLT 124 DELHI RENT CONTROL ACT - Section 19 - Landlords after getting premises evicted under Delhi Rent Control Act cannot sell same for period of 3 years without obtaining permission of Controller.

158 (2009) DLT 102 HUF - Decree against HUF can be executed only against assets of HUF and not against personal assets of co-parceners of said HUF.

158 (2009) DLT 111 MOTOR ACCIDENT CLAIMS - Driving Licence - Onus of proving that driver of vehicle never had licence or disqualified from holding licence is on Insurance Company.

158 (2009) DLT 68 DOCUMENTS - Comparison of signatures with others admitted - Comparison of signatures on documents which do not form part of record is not permitted.

158 (2009) DLT 75 MATRIMONIAL LAW - Cruelty - Allegations which affects reputation of person and causes damage to his character are nothing less than cruelty.

158 (2009) DLT 62 APPLICATION OF LAW - Courts only declare, not make law and declaration of law can never be prospective.

158 (2009) DLT 33 APPOINTMENT AND RIGHTS OF PLEADER - No bar on pleader duly authorised by party under Vakalatnama to engage another pleader to plead case on his or her behalf.

158 (2009) DLT 58 CARRIERS - Delivery of goods takes place only when goods are physically handed over by carrier and receipt is signed.

158 (2009) DLT 33 JUNIOR COUNSEL - When a Counsel has been authorised under Vakalatnama to represent his client, junior of said Counsel can be permitted to appear on behalf of Counsel.

158 (2009) DLT 53 PRACTICE AND PROCEDURE - Non-signing of applications by plaintiff or his authorised agent was a formal defect and as such should not have been thrown on that ground.

158 (2009) DLT 39 (DB) UNDERTAKINGS - Undertakings to extent they are contrary to statutory rules cannot be applied.

158 (2009) DLT 1 EVIDENCE ACT - Section 65 - Secondary evidence should be allowed only when Court is absolutely sure that original documents have been destroyed or lost.

158 (2009) DLT 8 (DB) EXECUTION OF MONEY DECREE - Mere deposit of decretal amount in Court, other than executing Court can never amount to "payment" and even where decretal amount is deposited in executing Court, judgment debtor's liablity to pay interest does not cease until notice is given.

158 (2009) DLT 26 (DB) MOTOR VEHICLES ACT - Call Centre Cab - Speed Limit - Fixing of maximum speed limits for Call Centre Cabs by notification not unreasonable or arbitrary.

157 (2009) DLT 777 ELECTRICITY LAW - Owner of a premises applying for a re-connection or a fresh connection of electricity has to pay all dues which would include even payment of direct theft bill with regard to said connection.

157 (2009) DLT 791 TRADE MARKS ACT - Section 34 - Prior user has reference to user in India and abroad, and position prevailing in parent country and abroad should not be ignored.

157 (2009) DLT 769 (DB) WILL - Probate - There would be no entitlement for grant of probate of earlier Will even if proved in accordance with law, if subsequent Will is also proved.

157 (2009) DLT 747 FRAMING OF CHARGE - Simply because charge-sheet filed for certain offences, Trial Court should not have framed charges mechanically without prima facie weighing evidence placed on record by prosecution in chargesheet.

157 (2009) DLT 754 LABOUR LAW - Retrenchment compensation - Merely because workman after his service were terminated had taken alternate employment would not disentitle him of relief of reinstatement or such other relief which Labour Court deemed fit.

157 (2009) DLT 737 NEGOTIABLE INSTRUMENTS ACT - Section 138 - Dishonour of Cheque - If complainant cannot be permitted to file a fresh complaint on account of dishonour of cheques issued pursuant to compromise, then original complaint must be permitted to be revived.

154 (2008) DLT 631 (DB)

LAND ACQUISITION - Taking of possession of land would not become illegal if state has not deposited 80% of compensation.

154 (2008) DLT 628 JURISDICTION OF CIVIL COURT - Civil Court cannot entertain suit for banning/issuing injunction on publication of book on ground of disturbing public tranquillity and public order.

154 (2008) DLT 605 MEDICAL NEGLIGENCE - Accused did something or failed to do something which in given facts and circumstances no medical professional in his ordinary senses or prudence would do or fail to do.

154 (2008) DLT 598 MEDIATION AND CONCILIATION RULES, 2004 - Since settlement agreement have signed by all parties, decree can be passed only if Court is satisfied that parties have settle their disputes.

154 (2008) DLT 588 DISHONOUR OF CHEQUE - Prosecution - Liability of criminal prosecution cannot be transferred upon legal heirs of deceased.

154 (2008) DLT 587 CIVIL PROCEDURE CODE, 1908 - Order 22 Rule 2 - Legal Respresentatives of plaintiff cannot be substituted without their consent and willingness to become plaintiff in suit.

154 (2008) DLT 579 DISHONOUR OF CHEQUE - Cheque was undated when handed over does not mean it was given without consideration.

154 (2008) DLT 546 DELHI RENT CONTROL ACT, 1958 - Section 27 - Tenant can deposit future rent also under Section 27 of Act.

154 (2008) DLT 538 (DB)
FEMA - Writ petition against order of pre-deposit of demanded penalty amount is clearly maintainable.

154 (2008) DLT 518 REJECTION OF PLAINT - As parties have submitted their disputes to Arbitral Tribunal, same disputes cannot be permitted to be agitated simultaneously in civil suit.

154 (2008) DLT 516 CIVIL PROCEDURE CODE - Order 22 Rule 3 - In succession and probate proceedings, it is not material whether parties make application under Order 22 Rule 3 or not.

154 (2008) DLT 505 MAINTENANCE - Maintenance to be fixed on basis of actual earnings of a person not on his being able bodied person.

154 (2008) DLT 499 PERSONS WITH DISABILITIES - Concession of relaxed medical norms, cannot be denied to disabled persons who chose to compete against general seats.

154 (2008) DLT 481 FIR - Registration of - Cognizance by Magistrate - Cryptic information cannot ever be treated as FIR for reason that sine qua non of FIR is an information which discloses commission of cognizable offence.

154 (2008) DLT 452 (DB) GOVERNMENT POLICY - Interference in writ jurisdiction permissible when policy is wholly unreasonable in Wednesbury sense or subject policy is violative of Article 14 of Constitution.

154 (2008) DLT 432 MATRIMONIAL LAW - Cruelty - Act of wife in slapping and insulting mother-in-law in front of others amounts to cruelty.

154 (2008) DLT 415 PLEADINGS - Purpose of pleadings under Order 6 is to enable adversary party to know the case it has to meet.

154 (2008) DLT 415 TRANSPOSITION OF DEFENDANT AS PLAINTIFF - Written statement filed by such defendant gets transposed and would form part of plaint - Vide Veerabhadrappa case.

154 (2008) DLT 411 REGISTERED SOCIETY - Can also sue and be sued in its own name and is an equivalent to corporate body as far as filing of suit is concerned.

154 (2008) DLT 397 GUARDIANSHIP - Custody of Child - Court must ensure that child must live in atmosphere which is congenial healthy for his growth and inculcates values of life in him.

154 (2008) DLT 387 BAIL - Grant of - Applicant not entitled to bail merely because he has been in judicial custody for long period when offence committed is serious and there are serious allegations against petitioner to intimidate private witnesses.

154 (2008) DLT 387 EVIDENCE - Discovery evidence - Recovery of weapon of offence based on joint pointing out by petitioner and other co-accused is admissible in evidence.

154 (2008) DLT 362 ARBITRATION AND CONCILIATION ACT - Section 11(6) - Court only required to satisfy prima facie existence of live claims between parties to be decided by Tribunal and parties are at issue on certain matters - This Court cannot decide sustainability of claims raised by petitioner in proceedings.

154 (2008) DLT 354 BENAMI TRANSACTIONS - Neither filing suit nor taking of defence in respect of either present or past Benami transaction involving purchase of property by person in name of his wife is prohibited under Sections 4(1) and 4(2) of Benami Transactions (Prohibition) Act.

154 (2008) DLT 346 (DB) REJECTION OF PLAINT - Court has to see allegations made in plaint and documents attached therewith.

154 (2008) DLT 342 RENT CONTROL AND EVICTION LAWS - Landlord is the best judge of his residential requirement and place where he has to live.

154 (2008) DLT 320 ARBITRATION LAW - Award - Objections against - No Arbitration Agreement between parties - Provisions of Section 89(2)(a) of Act not applicable - Petitions under Section 34 of Act not maintainable.

154 (2008) DLT 297 (DB) DEFENCE PERSONNEL - Right to Equality - Person subject to Army Act continues to be citizen of India and is not wholly deprived of his rights under Constitution.

154 (2008) DLT 297 (DB) SERVICE LAW - Defence Services - Rule 180 of Army Rules, 1954 has a statutory force and it is binding on authorities as also person who is brought before Courts of Inquiry.

154 (2008) DLT 284 (DB) CONTRACT - Void Agreement - Agreements, the meaning of which is not certain or capable of being made certain are void.

154 (2008) DLT 280 (DB) FEMA - Section 35 - Appeal to High Court - Territorial Jurisdiction - Court within whose jurisdiction aggrieved party ordinarily resides or carries on business or personally works for gain would have territorial jurisdiction.

154 (2008) DLT 242 (DB) EVIDENCE - Hostile witness - Would not prevent Court from finding accused guilty if there is otherwise acceptable evidence in support of conviction.

154 (2008) DLT 230 (DB) CIVIL PROCEDURE CODE - Order 2 Rule 2 - If two causes of action are different, bar of Order 2 Rule 2, CPC would not be attracted.

154 (2008) DLT 223 ARBITRATION LAW - Specific Performance of Agreement of Sale - Challenge against and denial of after 5 years - Application filed by defendant No. 5 under Section 340, Cr.P.C. to adjudicate upon existence of Agreement to Sell - Non-existence of arbitration agreement - Defendant No. 5 cannot subsequently be permitted to reprobate and seek arbitration under Section 8 of Act.

154 (2008) DLT 214 (DB) PARTITION - Co-sharer making any improvement or addition to property in dispute cannot claim same belonging exclusively to him or claim any compensation from other co-sharer.

154 (2008) DLT 211 COURT FEES - Suit for possession by landlord - Expiry of lease - Valuation of suit done on basis of annual rent in view of Section 7(xi)(cc), Court Fees Act.

154 (2008) DLT 211 DELHI RENT CONTROL ACT - Section 14 - Protection available only to person who is undisputedly a tenant and does not claim himself to be owner of premises.

154 (2008) DLT 192 (DB) GENERAL COURT MARTIAL - Deduction of pay and allowance cannot be considered as punishments awardable by Courts-Martial.

154 (2008) DLT 183 (DB) CONSTITUTIONAL LAW - Government cannot arbitrarily refuse to do business with a person.

154 (2008) DLT 177 (DB) WRIT JURISDICTION - Appointment of Local Commissioner to visit premises and seal property was beyond the scope of powers of writ Court. 154 (2008) DLT 174 SERVICE LAW - Service agreement having condition that employee would not work with any competitor of employer for certain period, not opposed to public policy or hit by any of provisions of Contract Act.

154 (2008) DLT 167 (DB) TRADEMARK - Concurrent user and acquiescence can constitute legitimate defence to Section 29(5) of Act.

154 (2008) DLT 121 DOCTRINE OF RESTRAINT OF TRADE - During subsistence of service agreement with employer, the doctrine of restraint of trade cannot apply.

154 (2008) DLT 117 EVIDENCE - Presumption - Court has to presume that things done in ordinary course of business were done regularly and as per procedure.

154 (2008) DLT 111 (DB) JUDGMENT ON ADMISSION - Passing of judgment on admission by Court is a matter of discretion and not a matter of course.

154 (2008) DLT 95 DEFAMATION - There can be no defamation of a class.

154 (2008) DLT 80 (DB) SUMMARY SUIT - Plaint of summary suit shall be rejected if same attracts any bar under Order 7 Rule 11, CPC.

154 (2008) DLT 80 (DB) LIMITATION - Plea of limitation can be raised for first time in appeal.


154 (2008) DLT 77 (DB) DEBTS RECOVERY TRIBUNAL - Tribunal has no authority to impound passport or putting restriction on travel of guarantor.

154 (2008) DLT 69 LIMITATION - Condonation of delay - No separate application to condone delay is necessary to set aside order of dismissal in default in application for restoration.

154 (2008) DLT 56 (DB) ELECTRICITY - Jurisdiction of Civil Court - Any dispute about civil liability in theft cases impliedly excluded from jurisdiction of Civil Court and Special Court can act as Civil as well as Criminal Court while conducting cases.

154 (2008) DLT 50 LIMITATION - Electricity Bills - Period of limitation of 3 years for recovery of electricity bills commenced once bill was sent to consumer.

154 (2008) DLT 33 CARRIERS ACT - Section 9 - Suit for Loss, damage or non-delivery - Plaintiff not required to specifically prove negligence or criminal act.

154 (2008) DLT 33 LIMITATION ACT - Article 10 does not postpone starting point of limitation after delivery, till date when claimant discover loss or damage after investigation.

154 (2008) DLT 33 LIMITATION ACT - Article 10 - Starting point of limitation is the date when loss or damage occurs and not the date on which loss or damage comes to knowledge of consignee or consignor.

154 (2008) DLT 13 EVIDENCE - No need nor requirement to lead evidence if one party accepts document of another and admits fact stated by other.

154 (2008) DLT 3 (DB) PROBATE OF WILL - Merely because probate petition founded on Will dated 6.11.1990 was dismissed, would not mean that second petition for probate of Will dated 4.6.1990 would be bad in law.

154 (2008) DLT 1 TERRITORIAL JURISDICTION - Even no part of cause of action has arisen within territorial limit of a Court, the suit can be filed in said Court where defendant corporation has its Head Office or Principal Office.