• Identity of Property: Suit property described by the plaintiff in the plaint not only by the boundaries but also by the municipal number, and by giving its description in the plaint map. High Court has rightly held that the first Appellate Court has erred in law in dismissing the suit by holding that the land is not identifiable. - 2015 STPL(Web) 721 SC
  • Limitation: Recovery Suit – Sanction for filling suit beyond limitation - Suit could not be treated as having been duly instituted within the prescribed time period- 2015 STPL(Web) 720 SC
  • Quashing of criminal proceedings: Specific allegations against accused – Not fit case to quash. - 2015 STPL(Web) 719 SC
  • Land acquisition lapsed: No physical possession taken – No payment of compensation – Acquisition lapsed - 2015 STPL(Web) 718 SC
  • Service Law – Dismissal - Proportionality of sentence – BSF constable - Every refusal to take food cannot be considered to be act of defiance or delinquency - Punishment of dismissal from service was disproportionate to offence for which Petitioner was held guilty - 2015 STPL(Web) 717 DEL
  • Evidence: When presence of an accused at the time of homicidal death is established and proved beyond doubt, the principle enshrined in section 106 of the Evidence Act, 1872 impels and requires an explanation from the accused as to the cause and the reason for the injury that caused loss of life. - 2015 STPL(Web) 716 DEL
  • Company: MOU entered between the members of the family would not bind the other shareholders before whom the scheme of arrangement had been proposed; such an MOU was not within the corporate domain. - 2015 STPL(Web) 714 DEL
  • Labour Law – Acquittal in criminal case - The order of the labour court setting aside order of dismissal from service solely on the ground that it failed to take into consideration the acquittal of the workman in criminal case is not sustainable in law. - 2015 STPL(Web) 713 DEL
  • Election: Recounting of votes - Election Tribunal has over stepped its jurisdiction to order for recount in absence of material evidence warranting such direction. - 2015 STPL(Web) 712 PAT
  • Resignation of MLA - Article 190 of the Constitution does not insist on physical presence of the candidate in the context of resignation of an elected representative - 2015 STPL(Web) 711 PAT
  • Disqualification of MLA – Difference between Defection and Dissent – No disqualification on dissent. - 2015 STPL(Web) 710 PAT
  • MACT: Daughter of second wife - Depended on deceased was a legal representative. Entitled to compensation. Application claiming compensation by her is maintainable. - 2015 STPL(Web) 702 KAR
  • MACT: Necessary Party - In absence of owner, a claim petition only against insurer cannot be maintained - 2015 STPL(Web) 701 KAR
  • Murder: The incident had proceeded by hot exchange of words at the behest of prosecution side, and rankled by that fact, the father instigated the appellant who, assaulted the deceased. In such a view the accused can be said to have acted outrageously out of self control at the spur of the moment and therefore, he can be held to be guilty only for committing culpable homicide not amounting to murder. - 2015 STPL(Web) 697 ORI
  • Death Sentence - Motive, social fabric, and transaction cannot be called as exceptionally exceptional and brutal one. The whole situation cannot be treated as rarest of rare one. Death sentence converted to life imprisonment. - 2015 STPL(Web) 696 KER
  • Corruption: Anthracene powder and its marks were found on the pocket of the shirt of the accused. Prima facie case to presume acceptance of gratification. No credible or acceptable explanation offered by accused – Accused convicted. - 2015 STPL(Web) 695 GUJ
  • Criminal Procedure: Section 97 - When the petitioner /father had forcibly removed his child of 18 months from custody of his mother and the mother has filed application under Section 97 of the Criminal Procedure Code and the ingredients of such section were satisfied. Chief Judicial Magistrate rightly exercised jurisdiction vested upon him - 2015 STPL(Web) 693 CAL
  • Quashing of complaint: Courts are clogged with such petition – Petitioner relegated to relegated to trial court to urge all the pleas taken herein before learned trial court at the time of hearing arguments under Section 251 Cr.P.C. - 2015 STPL(Web) 692 DEL
  • Arbitration: Pendency of criminal case on matter of dispute. No effect on arbitration - 2015 STPL(Web) 690 SC
  • Anti Dumping: Designated Authority was bound to follow principles of natural justice and to give opportunity of hearing to all interested parties either filing objections or adducing evidence - 2015 STPL(Web) 685 DEL
  • Arbitration: Appointment of new arbitrator - The proceedings carried on by arbitrators appointed, one after the other dragged on for yearly sixteen years, without seeing the light of the day. Resultantly, the entire ethos behind arbitration stands completely defeated. Mandate of current arbitrator terminated. New arbitrator appointed. - 2015 STPL(Web) 684 DEL
  • Mesne Profits: No demand of mesne profit in earlier suit – Civil Procedure itself clarifies that action for recovery of immovable property was distinct cause of action vis-a-vis cause of action for claim for mesne profits. Bar of order 2, Rule 2 not attracted. - 2015 STPL(Web) 683 DEL
  • Contract: Forfeiture of earnest money - Since offer not accepted so forfeiture of earnest money cannot be made - 2015 STPL(Web) 681 ORI
  • Hindu Marriage: Medical of husband to check potency - Court has implicit power to direct for medical examination of a party to a matrimonial litigation to meet the ends of justice which cannot be construed as violative of one's right of privacy - 2015 STPL(Web) 679 MAD
  • Specific performance: Agreement to sell - Plaintiff had not established his case that he was ready and willing to perform his part of contract even on the date of suit - Plaintiff cannot be entitled to a decree of specific performance. - 2015 STPL(Web) 678 MAD
  • Administrative Tribunal: Condonation of delay - In view of Section 29(2) of the Limitation Act, the Tribunal has the jurisdiction to entertain the application for condonation of delay filed under Section 5 of the Limitation Act. - 2015 STPL(Web) 677 ORI
  • Service Law: Termination - The respondents held a Court of inquiry at which a definite verdict of guilt was returned against the petitioner - Petitioner was therefore entitled to a full fledged inquiry to prove his innocence. - 2015 STPL(Web) 676 DEL
  • Pension: Rule provided that service did not qualify for pension unless one held substantively a post in the permanent establishment. Petitioner engaged in the work charge establishment which was not a substantive and permanent work to claim pension. - 2015 STPL(Web) 675 PAT
  • Gratuity – Limitation - Appellate Authority concerned has no jurisdiction to extend limitation beyond such maximum time-limit. - 2015 STPL(Web) 673 DEL
  • Election – Paid holiday - Paid holiday to be granted on Election Day - 2015 STPL(Web) 672 MAD
  • MACT: Compensation - Claimant is still continued in service with same salary. He is not entitled to compensation for loss of future income, deserves compensation only for physical disability - 2015 STPL(Web) 670 HYD
  • MACT: Liability of insurer – Route Permit - No requirements of route permit. Vehicle was insured at time of accident. Liability should be fastened upon Insurance Company. - 2015 STPL(Web) 669 P&H
  • NDPS: Seized Articles – No evidence produced of depositing seized articles in police station – Conviction set aside. - 2015 STPL(Web) 666 ORI
  • Dying Declaration: Various shortcomings in dying declaration. Conviction set aside. - 2015 STPL(Web) 665 RAJ
  • Contempt: In case of contempt against State, allegation must be against particular officer or officers of State and not against State - 2015 STPL(Web) 663 CHH
  • Preventive Detention: Authorities failed to show that there was material on basis of which detaining authorities came to subjective satisfaction that there was real possibility of petitioner being released on bail. Detention quashed. - 2015 STPL(Web) 662 MAN
  • Dishonour of Cheque: De novo trial – Summary trial conducted – Order of de novo trial by successor magistrate valid - 2015 STPL(Web) 660 BOM
  • Sentence: Culpable homicide not amounting to murder - Punishment of five years appears to be just and proper - It could have been even more because eventually the incident resulted in death of a person though the appellant did not intend to cause death of deceased. - 2015 STPL(Web) 659 SC
  • Education: Deemed Universities – Inspection - Extension of time granted to UGC for inspection - 2015 STPL(Web) 658 SC
  • Service Law – Reinstate - Respondent ought not to have been reinstated in service as he was not in a regular service. No other person junior to the respondent had been continued at unit of the appellant, which had been closed down. Compensation in lieu of reinstate ordered. - 2015 STPL(Web) 657 SC
  • Juvenile: Juvenile who had not completed 18 years of age on the date of the commission of the offence was entitled to the benefits of Juvenile Justice (Care and Protection of Children) Act, 2000 - 2015 STPL(Web) 656 SC
  • Juvenile: As per Report of the concerned Additional Sessions Judge appellant was only 17 years 4 months on 20th January, 1985 on the date of occurrence. Benefit of juvenile granted. - 2015 STPL(Web) 655 SC
  • Company – Delisting of - offer of delisting would be successful and would not fail, if the public shareholding falls below 20%. The 10% limit would not apply in view of Rule 19(2) as the said Rule recognizes the terms and conditions laid down by recognized stock exchange and stipulates that the same must be satisfied for the company to claim continuous listing. - 2015 STPL(Web) 654 SC
  • Debt Recovery: Ex Parte order - Tribunal can pass an ex parte order. However, since the ex parte order is only for a short a duration and it is normally granted to safeguard the interest of the applicant, it is necessary that all the parties, including the petitioner herein, be heard before affirming the ex parte order. - 2015 STPL(Web) 653 MAD
  • Writ by foreign nationals: There cannot be an absolute constitutional protection for a non citizen by extending all the provisions of the Constitution of India to him. - 2015 STPL(Web) 652 MAD
  • Writ jurisdiction: Election process in motion - once the election process has been put into motion and part of the election process has been completed, interference under writ jurisdiction is not called for. - 2015 STPL(Web) 650 MP
  • Contract: More amounts paid to other contractor after recession of contract. Difference of amount to be paid by original contractor. - 2015 STPL(Web) 649 MP
  • ESI - Exemption - Roving enquiry into contradictory claims, cannot be conducted under Article 226 of Constitution of India, especially, when employees concerned (beneficiaries), are not before Court - 2015 STPL(Web) 645 MAD
  • Provident Fund: Complaint after expiry of one year of the date of commission of offence. No application was filed for extension of limitation. Complaint quashed. - 2015 STPL(Web) 644 GUJ
  • Employee Compensation: Unless death of deceased/employee is attributed to accident taken place in course of employment, employer cannot be made liable to pay compensation. No accidental death due to injury arising out of accident. Award set aside. - 2015 STPL(Web) 641 HYD
  • MACT: Amount of compensation can exceed the claimed amount - 2015 STPL(Web) 640 GUJ
  • Robbery: The mere fact that there is no independent witness is absolutely no ground to discard the testimony of the victim herself - 2015 STPL(Web) 638 DEL
  • Compensation to victim: Attempt to murder –Victim had to be operated upon and had to remain hospitalized for a number of days. Compensation enhanced. - 2015 STPL(Web) 637 DEL
  • Secret information: The importance of reduction of secret information in writing is a safeguard provision apart from other provisions in Criminal Procedure Code - 2015 STPL(Web) 635 DEL
  • Murder: Grave contradiction in complaint and post mortem report. Important witnesses not produced in court. Conviction set aside - 2015 STPL(Web) 632 PAT
  • Quashing of criminal proceeding: Prima facie material available. Defence to stand test of trial. No quashing - 2015 STPL(Web) 631 ORI
  • Contempt: Petitioner considered for promotion, as per court order and rejected. Remedy to challenge order as per law and to seek judicial review of that order. Such order cannot be examined in contempt proceeding - 2015 STPL(Web) 629 CHH
  • Quashing of complaint: Dishonour of Cheque - Vicarious Liability - No averment in compliance with mandatory requirements to hold petitioner vicariously liable for criminal liability of company – Complaint against petitioner quashed. - 2015 STPL(Web) 627 P&H
  • Education: Entrance test – Pre Medical and Pre Dental Entrance – Widespread use of unfair means – Examination canceled. CBSE to hold fresh exams. - 2015 STPL(Web) 625 SC
  • Eviction: Property under attachment - Dismissing the revision by High Court merely for the reason that the property was under attachment on the date of filing of petition under Section 13 of Act, 1973, and the Receiver was appointed in respect of the said property held not sustainable liable to be set aside - 2015 STPL(Web) 624 SC
  • Death Sentence: There is a ray of hope for their reformation and rehabilitation. High Court was right in modifying the death sentence awarded by the trial Judge to that of imprisonment for life. - 2015 STPL(Web) 623 SC
  • Juvenile: Determination of age - In the event of the claim of juvenility being ascertainable on the basis of a matriculation certificate, it is not open to the opposite party to demand a medical examination for establishing the age of the accused/convict - 2015 STPL(Web) 622 SC
  • MACT: Compensation – Interest - Claimant entitled to interest from the date of filing of the claim petition - 2015 STPL(Web) 621 SC
  • Motor Vehicles: Stage carriage permit – Cutoff date for inviting of applications. No such provision is statute/rule. Notice prescribing cutoff date quashed - 2015 STPL(Web) 619 MP
  • Writ: No direction could be issued to the District Magistrate to consider an application not maintainable in law or to award compensation in the circumstances. - 2015 STPL(Web) 618 KER
  • Interpretation of statute: Non-obstante clause – Held that every word in a Statute has to be looked into for interpreting the non-obstante clause used in the Section or provision - Use of non-obstante clause in a Section or Clause is primarily used to improve the overriding effect to other provisions which do not see eye to eye. - 2015 STPL(Web) 617 KER
  • Provident Fund: No appointment of President of Appellate Tribunal - No coercive measure till statutory appeal was heard by Tribunal. - 2015 STPL(Web) 614 DEL
  • Labour Law: Termination - Petitioners were appointed on a project and their services were dispensed with on completion of project. There was no work in the project available nor there do any post on which the respondent-workmen could be directed to be adjusted. They had no right to claim continuance in service after their services were dispensed-with and their entire dues, including notice pay, were paid to them. - 2015 STPL(Web) 613 RAJ
  • Labour Law: Absorption as regular worker – Appellant/first respondent Management is having complete and effective administrative control and supervision over the employees of the second respondent Society. No interference in absorption order. - 2015 STPL(Web) 612 MAD
  • Compassionate Appointment: Well accepted that compassionate appointment at relevant time was to provide assistance to family to meet with crisis – However, it does not justify that even if person like petitioner who was minor can reserve claim for appointment in future, when he becomes major and eligible - 2015 STPL(Web) 611 GUJ
  • MACT – New Plea – Non joinder of necessary parties - No such grounds were taken before the Tribunal, appellants are barred from taking such grounds in appeal - 2015 STPL(Web) 609 GAU
  • MACT: Maintainability of claim petition - Claimant physically and mentally unfit. He was also kept present before court. Claim petition by wife maintainable. - 2015 STPL(Web) 606 KAR
  • Workmen Compensation: Depositing of the amount of interest or penalty imposed under Section 4-A of the Act in addition to the compensation awarded or otherwise is not a condition for preferring an appeal under Section30(1) of the Act. - 2015 STPL(Web) 605 MAD
  • Suspension of sentence: Appeal is not likely to be heard in near future, as such, sentence of the appellant is suspended during the pendency of the appeal subject to his depositing fine and subject to further conditions - 2015 STPL(Web) 604 DEL
  • Dowry death: Major contradictions – No dowry demand – Both brother and father of deceased unemployed – Acquittal upheld - 2015 STPL(Web) 603 DEL
  • Parole: Denial of parole to the petitioner on the ground that he can engage legal aid counsel and file Special Leave Petition from jail is not appropriate. - 2015 STPL(Web) 601 DEL
  • Rape: There was no evidence to prove rape of victim and conduct of victim during the course of travel with accused persons and statement of accused person under Section 313 of Criminal Code was indicative of the fact that they all were a consenting party. Conviction set aside - 2015 STPL(Web) 599 PAT
  • Sanction for Prosecution: The act constituting an offence directly or reasonably connected with his official duty required sanction for prosecution and that question would only be determined on the facts of each case. Therefore the sanction under Section 197(1) of Code was not required as a matter of course to initiate proceedings. - 2015 STPL(Web) 598 KAR
  • Quashing of Criminal Proceedings: Civil dispute was sought to be given criminal colour, therefore, proceedings liable to be quashed. - 2015 STPL(Web) 595 MAD
  • Suspension of sentence: Dishonour of cheque: The accused need not surrender and undergo confinement for seeking the relief of suspension of sentence pending disposal of the criminal revision. Offence under which petitioner convicted is bail able - 2015 STPL(Web) 594 P&H
  • Service Tax: Aggrieved party - Locus standi – Challenge to notice - Only the aggrieved party can take recourse to statutory remedy. - 2015 STPL(Web) 589 SC
  • Company: Vicarious Liability - When the company is the offendor, vicarious liability of the Directors cannot be imputed automatically, in the absence of any statutory provision to this effect. - 2015 STPL(Web) 587 DEL
  • Criminal Law: It is well-settled that if the evidence on record in a criminal trial shows the possibility of two different versions, the one favourable to the defence must be preferred. - 2015 STPL(Web) 586 DEL

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