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

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IX (2009) SLT 79

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

 

IX (2009) SLT 92

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

 

IX (2009) SLT 79

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

 

IX (2009) SLT 79

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

 

IX (2009) SLT 79

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

 

IX (2009) SLT 54

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

 

IX (2009) SLT 36

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

 

IX (2009) SLT 20

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

 

IX (2009) SLT 1

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

 

IX (2009) SLT 1

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

 

VIII (2009) SLT 682

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

 

 

VIII (2009) SLT 682

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

 

VIII (2009) SLT 697

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

 

VIII (2009) SLT 682

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

 

VIII (2009) SLT 643

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

 

VIII (2009) SLT 650

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

 

VIII (2009) SLT 650

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

 

VIII (2009) SLT 640

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

 

VIII (2009) SLT 632

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

 

VIII (2009) SLT 640

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

 

VIII (2009) SLT 619

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

 

VIII (2009) SLT 624

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

 

VIII (2009) SLT 577

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

 

VIII (2009) SLT 577

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

 

VIII (2009) SLT 577

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

 

VIII (2009) SLT 577

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

 

VIII (2009) SLT 577

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

 

VIII (2009) SLT 577

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

 

VIII (2009) SLT 546

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

 

VIII (2009) SLT 563

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

 

VIII (2009) SLT 555

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

 

VIII (2009) SLT 532

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

 

VIII (2009) SLT 528

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

 

VIII (2009) SLT 541

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

 

VIII (2009) SLT 520

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

 

VIII (2009) SLT 520

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

 

 

VIII (2009) SLT 500

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

 

VIII (2009) SLT 510

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

 

VIII (2009) SLT 506

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

 

VIII (2009) SLT 455

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

 

VIII (2009) SLT 451

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

 

VIII (2009) SLT 466

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

 

VIII (2009) SLT 422

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

 

VIII (2009) SLT 429

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

 

VIII (2009) SLT 435

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

 

VIII (2009) SLT 427

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

 

 

VIII (2009) SLT 402

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

 

VIII (2009) SLT 389

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

 

VIII (2009) SLT 405

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

 

VIII (2009) SLT 372

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

 

VIII (2009) SLT 364

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

 

VIII (2009) SLT 372

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

 

VIII (2009) SLT 364

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

 

VIII (2009) SLT 356

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

 

VIII (2009) SLT 372

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

 

VIII (2009) SLT 342

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

 

VIII (2009) SLT 322

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

 

VIII (2009) SLT 339

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

 

VIII (2009) SLT 349

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

 

 

VIII (2009) SLT 317

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

 

VIII (2009) SLT 293

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

 

VIII (2009) SLT 310

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

 

VIII (2009) SLT 265

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

 

VIII (2009) SLT 265

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

 

VIII (2009) SLT 283

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

 

VIII (2009) SLT 245

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

 

VIII (2009) SLT 241

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

 

VIII (2009) SLT 233

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

 

VIII (2009) SLT 245

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

 

VIII (2009) SLT 200

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

 

VIII (2009) SLT 194

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

 

VIII (2009) SLT 210

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

 

VIII (2009) SLT 204

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

 

VIII (2009) SLT 204

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

 

VIII (2009) SLT 220

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

 

VIII (2009) SLT 168

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

 

VIII (2009) SLT 181

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

 

VIII (2009) SLT 144

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

 

VIII (2009) SLT 137

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

 

VIII (2009) SLT 101

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

 

VIII (2009) SLT 120

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

 

VIII (2009) SLT 72

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

 

 

VIII (2009) SLT 96

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

 

VIII (2009) SLT 85

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

 

VIII (2009) SLT 53

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

 

VIII (2009) SLT 53

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

 

VIII (2009) SLT 59

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

 

VIII (2009) SLT 59

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

 

VIII (2009) SLT 37

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

VIII (2009) SLT 13

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

 

VIII (2009) SLT 15

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

 

VIII (2009) SLT 1

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

 

 

V (2009) SLT 368

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

V (2009) SLT 368

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

V (2009) SLT 366

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

V (2009) SLT 338

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

V (2009) SLT 352

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

V (2009) SLT 352

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

V (2009) SLT 334

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

V (2009) SLT 313

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

V (2009) SLT 295

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

V (2009) SLT 295

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

V (2009) SLT 295

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

V (2009) SLT 263

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

V (2009) SLT 287

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

V (2009) SLT 266

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

V (2009) SLT 272

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

V (2009) SLT 277

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

V (2009) SLT 233

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

V (2009) SLT 250

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

V (2009) SLT 242

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

V (2009) SLT 233

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

V (2009) SLT 255

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

V (2009) SLT 206

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

V (2009) SLT 218

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

V (2009) SLT 166

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

V (2009) SLT 166

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

V (2009) SLT 166

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

V (2009) SLT 166

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

V (2009) SLT 148

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

V (2009) SLT 142

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

V (2009) SLT 85

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

V (2009) SLT 94

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

V (2009) SLT 111

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

V (2009) SLT 111

Service Law — Habitual absenteeism means gross violation of discipline.

V (2009) SLT 97

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

V (2009) SLT 48

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

V (2009) SLT 34

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

V (2009) SLT 48

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

V (2009) SLT 1

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

V (2009) SLT 29

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

V (2009) SLT 5

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

IV (2009) SLT 774

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

IV (2009) SLT 793

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

IV (2009) SLT 748

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

IV (2009) SLT 767

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

IV (2009) SLT 748

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

IV (2009) SLT 767

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

IV (2009) SLT 737

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

IV (2009) SLT 748

TADA — Section 14(5), TADA attracted only when accused is facing trial and/or otherwise represented through his Advocate.

IV (2009) SLT 88 PRACTICE AND PROCEDURE - Party is not prohibited from claiming different or alternative reliefs/pleas available in law.

IV (2009) SLT 72 PROBATE/LETTERS OF ADMINISTRATION - Limitation - Art. 137 of Limitation Act is clearly applicable to petition for grant of Letters of Administration.

IV (2009) SLT 85 SERVICE LAW - Senior cannot be paid lesser salary than his junior.

IV (2009) SLT 47 CONTRACT - Time essence of contract - Mere expression of stipulated time would not make time an essence of contract.

IV (2009) SLT 35 INSURANCE - Proposal form - Document like proposal form is a commercial document and being an integral part of policy, reference to proposal form may not only be appropriate, but rather essential.

IV (2009) SLT 41 RAPE - Complete penetration should not be necessary.

IV (2009) SLT 41 Delay in lodging FIR in a case of this nature is a normal phenomenon.

IV (2009) SLT 64 SERVICE LAW - It is mandatory that an employee is required to route through all his applications to higher ups through the head of the department, where he or she is working.

IV (2009) SLT 24 DISQUALIFICATION OF MEMBER OF HOUSE - Question relating to disqualification of member of house under Tenth Schedule has to be decided by Speaker and none else

IV (2009) SLT 1 LABOUR LAW - "Badli Worker" - Protection under Industrial Disputes Act does not arise for Badli worker and Labour Court should not have adjudicate dispute.

IV (2009) SLT 17 PREVENTION OF CORRUPTION ACT - Section 20 - Once it is proved that money was recovered from possession of accused, the burden of presumption shifts upon accused which can be rebutted by accused.

IV (2009) SLT 32 PREVENTION OF CORRUPTION ACT - Investigation - Irregularity and illegality in course of collection of evidence can hardly be considered by itself to affect of trial by competent Court of offence so investigated.

III (2009) SLT 777 CONTEMPT OF COURT - The Supreme Court being a Court of record can punish a person for civil contempt if it is found that he has wilfully disobeyed any judgment, etc. or violated undertaking given to Court.

III (2009) SLT 777 Evidence - Zerox copies of newspaper in which contents of speech have been published cannot be relied upon because non-filing of affidavit of those who heard the speech

III (2009) SLT 748 CASTE CERTIFICATE - Merely because a person was described as being a Christian in service records did not mean that he was actually a person professing Christian religion.

III (2009) SLT 744 RAPE - Sentence - Court has discretion to impose a sentence of imprisonment less than prescribed minimum for 'adequate and special reasons'. SERVICE LAW - A person has no legal right to be appointed only because his name appears in select list.

III (2009) SLT 711 CONSTITUTION OF INDIA - Article 227 - Under Art. 227 High Court does not issue a writ of certiorari and such power not to be exercised to correct a mistake of fact and of law.

III (2009) SLT 721 SERVICE LAW - Benefit of revised pay scale should be extended only from date of promotion.

III (2009) SLT 615 MOTOR ACCIDENT CLAIMS - Multiplier specified in second schedule may not be decisive for calculating compensation in cases of death.

III (2009) SLT 655 EVIDENCE - If witness is not capable in giving evidence by appearing in Court, prosecution may file application for cross-examination through Commissioner and Commissioner would consider whether he is capable of deposing before him or not.

III (2009) SLT 637 SERVICE LAW - Public employment must be offered to a person who is entitled therefor.

III (2009) SLT 643 STAMP ACT - Section 47A - Under valued instrument - Sub-registrar is first required to register a document and then make a reference under Section 47A, if deemed fit and proper.

III (2009) SLT 615 MOTOR ACCIDENT CLAIMS - Multiplier specified in second schedule may not be decisive for calculating compensation in cases of death.

III (2009) SLT 655 EVIDENCE - If witness is not capable in giving evidence by appearing in Court, prosecution may file application for cross-examination through Commissioner and Commissioner would consider whether he is capable of deposing before him or not.

III (2009) SLT 637 SERVICE LAW - Public employment must be offered to a person who is entitled therefor.

III (2009) SLT 643 STAMP ACT - Section 47A - Under valued instrument - Sub-registrar is first required to register a document and then make a reference under Section 47A, if deemed fit and proper.

III (2009) SLT 596 COMPULSORY RETIREMENT - Judicial Review - Order of compulsory retirement being not penal in nature can be subject to judicial review.

III (2009) SLT 596 Order of compulsory retirement found to be stigmatic if employer has lost confidence.

III (2009) SLT 586 DRIVING LICENCE - Tenure of licence could not have exceeded to three years if it had been granted for transport vehicle.

III (2009) SLT 586 PRESUMPTION - Driving Licence - Licence granted for 20 years, a presumption, therefore, arise that it was meant for purpose of vehicle other than transport vehicle. 65

III (2009) SLT 553 CONTEMPT OF COURT - Direction cannot be issued in contempt proceeding without arriving at a finding as to how contemnor can be said to have flouted order.

III (2009) SLT 553 If two views are possible, a contempt petition would not lie.

III (2009) SLT 569 EVIDENCE - Dying Declaration - Credibility - Person who recorded dying declaration must be satisfied that deceased was in a fit state of mind.

III (2009) SLT 527 CRIMINAL PROCEDURE CODE - Section 133 - "Public Nuisance" - A Lawful and necessary trade ought not to be interfered with unless it is proved to be injurious to health or physical comfort of community.

III (2009) SLT 539 FRAUD - Suppression of material document would amount to fraud on Court.

III (2009) SLT 531 LAND ACQUISITION - Market Value - Prices fetched for small plots cannot form safe bases for valuation of large tracts of land as two are not comparable properties.

III (2009) SLT 486 COLOURABLE EXERCISE OF POWER - If possession of property by exercise of dominion thereupon is continued indefinitely, it would amount to colourable exercise of or fraud on power and nothing but a back door expropriation of property.

III (2009) SLT 493 SCHEDULED CASTES AND SCHEDULED TRIBES ACT - Quashing of Investigation - Investigation of offence under IPC made by competent officer in accordance with provision of Cr.P.C. cannot be quashed for non investigation of offence under Section 3 of Scheduled Castes and Scheduled Tribes Act by competent police officer.

III (2009) SLT 496 SERVICE LAW - Every public employer is duty bound to notify vacancies to concerned Employment Exchange.

III (2009) SLT 471 ATTESTATION OF WILL - It means signing a document for purpose of testifying of signatures of executant.


III (2009) SLT 452 LEGITIMACY OF CHILD - Adultery on part of wife will not justify finding of illegitimacy if husband has had access. - - Presumption of legitimacy arises from birth in wedlock and not from conception.

III (2009) SLT 452 PRACTICE AND PROCEDURE - Objection as to admissibility and mode of proof of document must be taken at trial before it is received in evidence and marked as an exhibit.

III (2009) SLT 471 WILL - Attesting witness should speak not only about testator's signature or affixing his mark to Will but also that each of witnesses had signed Will in presenceof testator.

III (2009) SLT 447 CIVIL PROCEDURE CODE - Section 92 - Suit by corporation which is also a statutory corporation was maintainable if provision of Section 92 of CPC were not attracted.

III (2009) SLT 430 EVIDENCE ACT - Section 27 - If by reason of statements made by an accused some facts have been discovered, same would be admissible against the person who made statement.

III (2009) SLT 411 RAGGING - In such case police shall be informed and criminal law set into motion.

III (2009) SLT 384 AMENDMENT OF PLEADINGS - Amendment should not be allowed where a party to suit would resile from admission made by him in same proceedings at earlier stage.

III (2009) SLT 399 CRIMINAL PROCEDURE CODE - Section 245(2) - Magistrate has power of discharging accused at any previous stage of case, i.e. even before such evidence is led.

III (2009) SLT 349 AMENDMENT OF LAW - Whether amendment is prospective or retrospective in nature, will depend upon its construction.

III (2009) SLT 339 CRIMINAL TRIAL - Murder - Recovery of weapon and opinion of expert that bullet found in body of deceased fired from weapon seized cannot be the sole premise of conviction under Section 302, IPC.

III (2009) SLT 365 EVIDENCE - Judgment of a Criminal Court shall not be admissible in civil suit.

III (2009) SLT 365 LIMITATION - Recovery of 'pledged ornaments' - Period of limitation is three years from date of refusal after demand.

III (2009) SLT 312 CIVIL PROCEDURE CODE - Order 13 Rule 8 - Civil Court be entitled to substitute the original document by a certified copy.

III (2009) SLT 317 CONDONATION OF DELAY - Different considerations arise in condonation of delay in filing applications for setting aside abatement upon condonation of delay in suit and appeal

III (2009) SLT 282 DYING DECLARATION - Corroboration is required in event of suspicion as regards connectness or otherwise of dying declaration. - - Inconsistency between two dying declarations - Court should apply rule of caution and consistent part can be taken note of.

III (2009) SLT 300 MOTOR VEHICLES ACT - Section 166 - Only an Act Policy was taken in respect of motor vehicle.

III (2009) SLT 292 SECOND APPEAL - High Court has bounden duty and obligation to formulate substantial question of law and then only to proceed with case to decide those question of law.

III (2009) SLT 268 CIVIL PROCEDURE CODE - Order 41 Rule 4 - Appellate Court finds merit in appeal at instance of one of respondents may set aside entire judgment although another respondent had not appealed thereagainst.

III (2009) SLT 242 CRIMINAL TRIAL - Non explanation of injury on accused person shall not in all cases vitiate prosecution case.

III (2009) SLT 242 FIR - Delay of few hours in lodging FIR does not vitiate prosecution case, but consistent with human conduct.

III (2009) SLT 227 PRINCIPLE OF CONSTRUCTION OF CONTRACT - If terms applied by one party are unclear, an interpretation against that party is preferred.

III (2009) SLT 194 ADVERSE POSSESSION - Pleading and Proof of animus possidendi is necessary.

III (2009) SLT 201 CRIMINAL TRIAL - Infirmity of lacunae in prosecution cannot be cured by false defence or plea.

III (2009) SLT 209 DOCUMENT - A registered document carries a presumption that it was executed in accordance with law.

III (2009) SLT 201 PROTECTION TO WITNESSES - In a case of gruesome murder, police protection should be given to witnesses.

III (2009) SLT 220 RIGHT OF PRIVATE DEFENCE - Accused need not prove existence of right of private defence beyond reasonable doubt.

III (2009) SLT 209 SECOND APPEAL - High Court can interfere with concurrent findings of two Courts if any substantial question of law arises for its consideration.

III (2009) SLT 161 COMPOUNDING OF OFFENCES - In violation of statutory provisions except in some marginal cases, Court shall not allow composition of offence.

III (2009) SLT 170 DOCUMENT - When a true character of document is questioned, extrinsic evidence by way of oral evidence is admissible.

III (2009) SLT 170 EVIDENCE - Court in considering as to whether deposition of a witness and/or a party is truthful or not may consider his conduct.

III (2009) SLT 161 INQUEST REPORT - Not prepared for purposes of corroborating prosecution case and mentioning the name of accused in inquest report also not necessary.

III (2009) SLT 170 POSSESSION - Right of possession over a property is a facet of title.

III (2009) SLT 184 SERVICE LAW - Reservation - Persons appointed against reserved vacancies after reservation was provided, and persons appointed before introduction of reservation, clearly belong to different classes.

III (2009) SLT 155 AUCTION - Court Auction Sale - Sale in favour of Bona fide purchaser, who is stranger to Court proceedings, is protected and he cannot be asked to restitute property to judgment debtor if decree is set aside.

III (2009) SLT 129 INDIAN PENAL CODE - Section 34 - In spite of acquittal of one co-accused it is open to Court to convict other accused on basis of joint liability.

III (2009) SLT 137 PRINCIPLE OF LAW - Subordinate Legislation validly made becomes a part of Act.

III (2009) SLT 77 INDIAN PENAL CODE - Section 304 Part I - Merely because single blow was given that does not automatically bring in application of Section 304 Part I, IPC.

III (2009) SLT 87 PRINCIPLES OF NATURAL JUSTICE - Natural justice is essence of fair adjudication, deeply rooted in tradition and conscience, to be ranked as fundamental.

III (2009) SLT 93 SERVICE LAW - Select List would ordinarily remain valid for one year.

III (2009) SLT 77 INDIAN PENAL CODE - Section 304 Part I - Merely because single blow was given that does not automatically bring in application of Section 304 Part I, IPC.

III (2009) SLT 87 PRINCIPLES OF NATURAL JUSTICE - Natural justice is essence of fair adjudication, deeply rooted in tradition and conscience, to be ranked as fundamental.

III (2009) SLT 93 SERVICE LAW - Select List would ordinarily remain valid for one year.

III (2009) SLT 52 FRAUD - Suppression of document may amount to fraud on Court, and vitiates all solemn acts.

III (2009) SLT 40 LAND ACQUISITION - Interest - High Court in exercise of writ jurisdiction cannot direct to pay interest in a manner not contemplated by Section 28 or Section 34 of Land Acquisition Act.

III (2009) SLT 5 APPEAL - No appeal lies against a mere finding.

III (2009) SLT 2 CORRUPTION - When part of prosecution version relating to demand and acceptance of bribe is not acceptable, whole case would not fail.

III (2009) SLT 5 INHERENT POWERS OF HIGH COURT - If High Court had jurisdiction to entertain either appeal or revision or writ petition, subject to fulfilment of other conditions, it could even convert revision or writ petition into appeal or vice versa.

III (2009) SLT 23 INVESTIGATION - Manner and method of conducting investigation are left entirely to Police and Magistrate has no power to interfere with same.

III (2009) SLT 5 PRINCIPLE OF LAW - Disposal of cases by blindly placing reliance on a decision is not proper.

II (2009) SLT 798 CIVIL PROCEDURE CODE - Order 40 Rule 1 - Appointment of Receiver pending suit is a matter within discretionary jurisdiction of Court.

II (2009) SLT 793 CONSUMER PROTECTION ACT - Section 24A - Forum requires to see before admitting complaint, that it has been filed within two years from date of accrual of cause of action.

II (2009) SLT 807 EVIDENCE LAW - Judgment - If judgment of Civil Court is not binding on Criminal Court, judgment of Criminal Court will certainly not be binding on Civil Court.

II (2009) SLT 807 CRIMINAL PROCEEDINGS VIS-A-VIS CIVIL PROCEEDINGS - Ordinarily criminal proceeding will have primacy over civil proceeding.

II (2009) SLT 789 TRANSFER OF PROPERTY ACT - Section 54 - Payment of entire price is not a condition precedent for completion of sale by passing of title.

II (2009) SLT 761 APPEAL AGAINST ACQUITTAL - High Court has full power to reappreciate, review and reconsider evidence at large, and to reach its own conclusions on such evidence.

II (2009) SLT 761 CRIMINAL LAW - Reasonable doubts - To constitute reasonable doubt, it must be free from an overemotional response.

II (2009) SLT 777 ELECTION LAW - "Corrupt Practice" - False accusation relating to personal character or conduct of any candidate calculated to prejudice prospect of his election would amount to corrupt practice.

II (2009) SLT 777 - - Election Petition - Corrupt practice - Standard of proof is like that in criminal case i.e. allegation must be proved beyond reasonable doubt.

II (2009) SLT 759 JUDICIAL SERVICES - Dismissal of Civil Judge - Learned Judge who was a part of Disciplinary Committee which suggested Civil Judge's dismissal should not have later heard matter on judicial side.

II (2009) SLT 728 ARBITRATION LAW - Reasonableness of reasons given by Arbitrators cannot be gone into by Court.

II (2009) SLT 736 CONSUMER LAW - Auction purchaser is not a consumer and grievance by purchaser will not give rise to complaint or consumer dispute.

II (2009) SLT 717 LIMITATION - Suit for cancellation of transaction being void or voidable to be filed within period of 3 years from date of knowledge of transaction.

II (2009) SLT 711 PARTNERSHIP FIRM - Partners of firm are co-owners of property of firm.

II (2009) SLT 711 PARTNERSHIP ACT - Section 69(2A) (as amended by Maharashtra Amendment 1984) - Effect of non-registration - Section 69(2A) clearly violates Articles 14, 19(1)(g) and 300A of Constitution - It is ultra vires and hence declared unconstitutional.

II (2009) SLT 698 SECOND APPEAL - High Court in second appeal cannot substitute its own findings on reappreciation of evidence on ground that another view was possible.

IX (2008) SLT 100 (SC)
TADA - Confession - Burden to prove - Initial burden is on prosecution to prove confession is voluntary then it shifts on accused to prove same was not made voluntarily.

IX (2008) SLT 100 (SC) TADA - Confession - Confession made before Superintendent of Police is admissible for convicting accused or co-accused for offence under other enactments in same case.

IX (2008) SLT 100 (SC) TADA - Confession cannot be rejected on ground that at relevant time accused was in police custody.

IX (2008) SLT 87 (SC) SERVICE LAW - Person who has resigned from service is not entitled to benefit of revision of pay scale with retrospective effect.

IX (2008) SLT 80 (SC) SERVICE LAW - Burden of proof that workman had not been gainfully employed after termination of his service is on workman.

IX (2008) SLT 73 (SC) DISHONOUR OF CHEQUE - Complaint - Public servant signing and presenting complaint in discharge of his official duties on behalf of corporation is exempted from personal appearing before Court.

IX (2008) SLT 72 (SC) WRIT JURISDICTION - As alternative remedy available to aggrieved party against an order but it was open to such party to move writ application, Court empowered to entertain some if there is violation of principle of natural justice.

IX (2008) SLT 65 (SC) WRIT JURISDICTION - Disputed questions concerning title of land cannot be decided in writ proceeding.

IX (2008) SLT 52 (SC) SERVICE LAW - If appointment is made to temporary post, there can be no permanent appointment therein.

IX (2008) SLT 32 (SC) PROBATE OF WILL - Testamentary Court can enforce only terms of Will and not agreement by and between executor and third party.

IX (2008) SLT 25 (SC) NDPS - When prosecution failed to show that seized substance contained any narcotic or psychotropic substance, question of reliance on confession of accused does not arise at all.

IX (2008) SLT 16 (SC) COMPANY LAW - Director is a controller of Company's affairs and is not a mere employee or servant of company.

VIII (2008) SLT 793 (SC) SERVICE LAW - Fixation of pay scale is executive function and scope of interference in exercise of judicial review limited.

VIII (2008) SLT 788 INSANITY - Mere absence of motive for a crime, howsoever atrocious it may be, cannot in the absence of plea and proof of legal insanity, bring the case within Section 84, IPC.

VIII (2008) SLT 777 (SC) SERVICE LAW - Selection made by board cannot be set aside without recording reasons.

VIII (2008) SLT 770 (SC) PLEADINGS - Agreement sham and bogus to be specifically pleaded.

VIII (2008) SLT 770 LABOUR LAW - Contract labour - Concept of equal pay for equal work is not applicable.

VIII (2008) SLT 770 (SC) LABOUR LAW - Reference - Scope of judicial review is very limited.

VIII (2008) SLT 746 (SC) ANTICIPATORY BAIL - Direction to issue 10 days prior notice before arrest is unknown to law - Respondents summoned under Section 108, Customs Act to give evidence and produce documents.

VIII (2008) SLT 746 (SC) ANTICIPATORY BAIL - Grant of - Power extraordinary in character to be exercised in exceptional cases

VIII (2008) SLT 695 (SC) INDIAN PENAL CODE - Section 34 - Section is only rule of evidence and does not create substantive offence.

VIII (2008) SLT 695 (SC) DOCTRINE OF LEGITIMATE EXPECTATION - Can not be invoked for absorption of all company paid staff with consequential benefits or for nullifying policy decision taken by Government to gradually reduce direct recruitment quota.

VIII (2008) SLT 688 (SC) MATRIMONIAL LAW - Wife entitled to get medical expenses from her husband.

VIII (2008) SLT 670 (SC) MOTOR VEHICLES - Liability of Insurance Company - Driver of vehicle was minor not having valid and effective driving licence - Insurance Company not liable to compensation.

VIII (2008) SLT 659 (SC) RENT CONTROL AND EVICTION LAWS - Bona Fide Requirement - Determination of Tenancy - Notice of eviction to tenant before initiating proceedings under Clause 13(3) of Rent Control Order - Not mandatory requirement.

VIII (2008) SLT 659 (SC) RENT CONTROL AND EVICTION LAWS - Bona Fide Requirement - Bona fide requirement of landlord to be seen on date of petition and subsequent events intervening due to protracted litigation will not be relevant.

VIII (2008) SLT 651 (SC) EDUCATION - Malpractice in examination - Slip of paper found in possession of examiner pertained to examination paper in question - Examinee is guilty of malpractice - Whether examinee actually used that slip or not is irrelevant.

VIII (2008) SLT 643 (SC) JUVENILES - Determination - Proper inquiry to be made by Board.

VIII (2008) SLT 633 (SC) ARBITRATION LAW - Appointment of Arbitrator - Appointing Authority appointed no Arbitrator within time prescribed (i.e. 30 days) - Right to appoint any arbitrator lost for settling disputes under agreement.

VIII (2008) SLT 633 (SC) ARBITRATION LAW - Appointment of Arbitrator - Test of impartiality and independence to be satisfied.

VIII (2008) SLT 627 (SC) MORTGAGE - Foreclosure - Order permitting foreclosure can be passed only upon ascertaining nature of mortgage and rights of parties thereunder.

VIII (2008) SLT 627 (SC) LEGAL RIGHT - Waiver - Legal right can be waived.

VIII (2008) SLT 623 (SC) SUSPENSION OF CONVICTION - Appropriate reasons to be recorded.

VIII (2008) SLT 617 (SC) MUNICIPALITIES - Act of demolition of structure during pendency of suit is arbitrary.

VIII (2008) SLT 610 (SC) LABOUR LAW - Part-time worker would be covered within definition of 'workman' and entitled to benefit of continuous service and retrenchment.

VIII (2008) SLT 600 (SC) CROSS-EXAMINATION OF WITNESS - Witness summoned by Court could not be termed as witness of any particular party, Court should give right of cross-examination to complainant.

VIII (2008) SLT 594 (SC) SERVICE LAW - Defect in application form that renders candidate ineligible might be overlooked in initial screening and he may be called for interview and get chance to take part in selection process.

VIII (2008) SLT 590 (SC) RECOVERY OF AMOUNT - Summary suit - Deposit of any admitted amount is now a condition precedent for grant of leave to defend suit.

VIII (2008) SLT 582 (SC) FRAMING OF CHARGE - Court can look into material produced by defence at the time of framing of charges in very rare cases.

VIII (2008) SLT 575 (SC) LIMITATION - Limitation Act does not provide for a different period to Government in filing appeals or applications.

VIII (2008) SLT 564 (SC) DOCTRINE OF EQUALITY - Treating of unequals as equals would offend doctrine of equality

VIII (2008) SLT 531 (SC) POTA - Withdrawal of prosecution - Recording of review committee that no prima facie case made out - Proceedings shall be deemed to be withdrawn consent under Section 321, Cr.P.C. not required.

VIII (2008) SLT 531 (SC) POTA - Sections 2(3) and 2(5) of Prevention of Terrorism (Repeal) Act, 2004 valid.

VIII (2008) SLT 531 (SC) JUDICIAL REVIEW - Where judicial review is curbed or outrightly removed, Court may review constitutional validity of such an action.

VIII (2008) SLT 509 (SC) INTERPRETATION OF STATUTES - While interpreting provision Court only interprets law and cannot legislate it.

VIII (2008) SLT 509 (SC) CENTRAL EXCISE - Mens rea is not essential for imposing penalty.

VIII (2008) SLT 509 (SC) LEVY OF PENALTY - No scope for levying penalty below prescribed minimum.

VIII (2008) SLT 506 (SC) CENTRAL EXCISE - Circulars which are contrary to statutory provisions have no existence in law.

VIII (2008) SLT 498 (SC) PRINCIPLE OF PARITY - When two other accused are acquitted (by giving benefit of doubt), third one may not be given same benefit of doubt.