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26.10.2018

Hindu Succession Act, Section 6 - Ancestral property – Partition - Whenever a partition of ancestral property takes place, the share that a coparcener gets continues to be ancestral if on the date of partition he has a son - If a son is born subsequently, the ancestral character revives - 2018 PLR Important Judgments  34 (Karnataka) CLICK HERE







 

 

 

30 October, 2018

 

DOUBLE JEOPARDY

SUPREME COURT

 

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Decided on 29th October, 2018; reported in SCe@Journal on 29th October, 2018

Rent Act - Bona fide need – Remand. https://www.plronline.in/index/r/rent-act/#gsc.tab=0

 



Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 - Eviction – Non-payment of outstanding rent.

18th September, 2018

https://www.plronline.in/index/r/rent-act/ 

Criminal trial  - Each criminal trial is but a quest for search of the truth - The duty of a judge presiding over a criminal trial is not merely to see that no innocent person is punished, but also to see that a guilty person does not escape - One is as important as the other - Both are public duties which the Judge has to perform.   (2018)2 SCeJ 1453

19.9.2018

https://www.plronline.in/index/criminal-trial/

IPC, Section 325, 326  - Appellant working as a teacher had assaulted, a second standard student, with wooden stick for not wearing uniform shoes resulting in injury to the left eye of the said student - There was loss of eye-sight on the left eye  . (2018)2 SCeJ 1418

https://www.plronline.in/index/ipc/s-325/

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IPC, Section 304 Part II - Deceased succumbed to the injury on the thigh leading to the cut of the femoral artery -  Considering that the occurrence took place at the spur of the moment, the assault was not made on a vital part of the body, that the assailant ran away upon being challenged, ............. reduce the sentence to a period of two years. (2018)2 SCeJ 1372

https://www.plronline.in/index/ipc/s-323/

CPC , Order XXIII Rule 1 (1) - Gives an absolute right to the plaintiff to withdraw his suit or abandon any part of his claim -  There is no doubt that Order XXIII Rule 1 of the CPC is applicable to appeals as well and the Appellant has the right to withdraw his appeal unconditionally and if he makes such an application to the Court, it has to grant it. (2018)2  SCe@Journal 1364 / *24th August, 2018*

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CPC Order XXIII Rule 1 (1) - Effective date of the Dismissal of Appeal - Date of dismissal of the appeal relates back to the date of filing of the application for withdrawal of the appeal. (2018)2  SCe@Journal 1364 / *24th August, 2018*

 

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Hindu Marriage Act, 1955, Section 5 (i) – Void marriage  - Second marriage during pendency of appeal against order of dissolution of First marriage where application moved for withdrawal of appeal filed but order not passed -  Not void........ *24th August, 2018*

 

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Payment of Gratuity Act, 1972 Section 4(5) and (6)  – Forfeiture of gratuity is not automatic on dismissal from service. (2018)2 SCeJ 1341 SUPREME COURT OF INDIA

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IPC 498 A, 120B, 420, 365  -  Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths............(2018)2 SCeJ 1356 / SUPREME COURT e@journal / 21 August , 2018

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Penal Code, 1860, Section 302 (2018)2 SCeJ 1362 / 14th August, 2018

Penal Code, 1860, Section 302 – Acquittal –Deceased was found hanging - Doctor has stated that it could be a case of suicide – Order of  acquittal upheld......

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Motor Vehicles Act, 1988, Section 163A

09, August  2018

 

 Motor Vehicles Act, 1988, Section 163A  - Insurance company liable  for claim arising out of the death of driver of car which met with an accident under Section 163A - ................CLICK HERE


 

FIR - Non-reporting of essential facts which were known to the informant in the FIR -  

(2018)2 SCeJ 1296 : SUPREME COURT OF INDIA

AUGUST 03, 2018

 FIR - Non-reporting of essential facts which were known to the informant in the FIR - point towards suspicion that the crime itself may be staged ............... CLICK HERE


Test Identification Parade - Inadequacy of  -

(2018)2 SCeJ 1296 : SUPREME COURT OF INDIA

AUGUST 03, 2018

 

Test Identification Parade - Inadequacy of  - It is well settled that non-conduction of T.I.P. may not itself be fatal to the prosecution case but certainly it must be weighed in by the Court while considering the facts and circumstances of each case ............... CLICK HERE

 


Lack of recovery and identification of stolen articles 

(2018)2 SCeJ 1296 : SUPREME COURT OF INDIA

AUGUST 03, 2018

 

 

Criminal Trial - Lack of recovery and identification of stolen articles -  lack of credibility ............... CLICK HERE


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CRIMINAL TRIAL - STATEMENT OF CO-ACCUSED  ONLY 

Update 3rd August, 2018

Criminal trial – Statement of co-accused  only - Apart from the statements of co-accused there is no material suggesting involvement of the appellant in the crime in question -  Appellant is entitled to be acquitted of the charges ...... CLICK HERE

 

 


Service matter  - Regularisation

(2018)2 SCeJ 1288 

 

Service matter  - Regularisation - Regularisation  after 10 years of service  - Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them - If they have completed 10 years of service they should be regularised unless there is some valid objection to their regularisation like misconduct etc. ............... click here

Update 3rd August, 2018



MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

RECENT UPDATE

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 2(5), 17(1) – Residence belonging to the mother-in-law or father-in-law would not be a “shared household” within the meaning of Section 2(s)  - Daughter-in-law would have no right of residence therein in terms of Section 17(1) – Son and daughter-in-law, ordered to be ....................

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BANK

Banks – Saving bank account - Because of complaint made injunction was granted restraining bank from making payment - There is no dispute that the amount lying in the savings bank account belongs to the petitioner - There is also no dispute that there was no injunction of any Court till 2.5.2009 - ...............Direction is issued to the respondent to make payment of interest .     (2018-3) PUNJAB LAW REPORTER 


ARBITRATION AND CONCILIATION ACT, 1996

Arbitration and Conciliation Act, 1996 (26 of 1996) Section 36 – Award ordering specific performance of the agreement vendor was required to pay amount within a period of two months from the date of award – Amount not deposited - ........... (2018-3) PUNJAB LAW REPORTER


 

APPEAL

Appeal – Appellate Court – Has not analyzed submissions/arguments of learned counsel for the appellants, while concluding the judgment – ........... (2018-3) Punjab Law Reporter

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AGREEMENT TO SELL

Agreement to Sell – In the light of amended provisions of Registration Act, it is crystal clear that the agreement to sell arrived at between the parties for sale and purchase of any land does not require registration - There is no requirement that the Scribe has to have a valid licence for the purpose - Even the parties on their own can put terms and conditions with regard to sale and purchase of the land..................(2018-3) Punjab Law Reporter

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SUPREME COURT

IPC ,  Section 304 (Part I) - Gunshot was fired within the range of 6 to 8 feet, can not be said that accused was having intention to commit murder of the deceased and used fire arm for that purpose as  the injury could have been caused on upper limb, above waist of the deceased but the part chosen for causing injury was the back portion of left thigh - Accused was not having intention to commit murder - ...... (2018-2) SUPREME COURT E@JOURNAL 1273/ dod 27/7/18

 

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*(2018)2 SCeJournal 1245 (decided 11th July, 2018)*  

Limitation Act, S. 5 -  LPA - Appellants were not made parties  to the original writ petitions and became aggrieved by the order passed by the writ Court (Single Judge) in the writ petitions - A case for condonation of delay in filing the appeals was made out - Sufficient cause for condonation of delay within the meaning of Section 5 of the Limitation Act. 


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16.8.18