LATEST JUDGEMENTS BY COURTS OF LAW IN INDIA

Wakf Act — Review of own order.

2010-05-16T06:43:00.001-07:00

Wakf Act, 1995 — Review of own order — Order obtained by playing fraud — Even in the absence of any express provision the CEO is empowered to review / recall his own order. See 2010 (5) LJSOFT (URC) (AUR) 3

Succession _ Widow.

2010-05-16T06:42:00.002-07:00

Succession — Successor-in-interest is not a successor-in-title — Successor-in-title succeeds upon succession either testamentary or intestate — Widow of the original owner — Her claim upon succession is not a claim as a successor-in-interest but a successor-in-title. See 2010 (5) LJSOFT 69

Succession — Nomination of shares.

2010-05-16T06:42:00.001-07:00

Succession — Nomination of shares — Nominee has the right to the shares after the death of original shareholder and not the heirs of deceased — Specific statutory provision make the nominee entitled to all the rights in the shares excluding all other persons. See 2010 (5) LJSOFT (URC) 12

Sales tax — Levy of — Steam.

2010-05-16T06:41:00.004-07:00

Sales tax — Levy of — Steam cannot be classified under the Notification Entry No.233 as the same is not chemical. See 2010 (5) LJSOFT (URC) 34

Quasi-judicial proceedings

2010-05-16T06:41:00.003-07:00

Quasi-judicial proceedings — Guidelines or directions cannot encroach upon the discretion conferred by Rules upon any appellate authority and restrict its application of mind or attempt to cut the process of adjudication. See 2010 (5) LJSOFT (NAG) 195

Public premises

2010-05-16T06:41:00.001-07:00

Public premises — Petition against order of Principal Judge under Public Premises Act — Jurisdiction of the Division Bench is not totally ousted. See 2010 (5) LJSOFT 66

Public servant disobeying law

2010-05-16T06:40:00.004-07:00

Public servant disobeying law — Only be a natural person can be charged with an offence punishable u/s 166 coupled with a fact that he is a public servant — Offence u/s 166 cannot be against a particular office but it can only be against a person who holds an office. See 2010 (5) LJSOFT (URC) 8

Public premises

2010-05-16T06:40:00.003-07:00

Public premises — District Judge when acting as Appellate Authority acts as a persona designata and hence no revision lies. See 2010 (5) LJSOFT 66

Motor accident — Minor child — Compensation.

2010-05-16T06:40:00.001-07:00

Motor accident — Minor child aged 11 years — Cannot be said that victims below the age of 15 years are to be excluded — 'Loss of future income' as a head of compensation applies to all persons whether earning or not at the time. See 2010 (5) LJSOFT 170

Motor accident — Compensation.

2010-05-16T06:39:00.002-07:00

Motor accident — Findings of Tribunal — Where the claimant does not prefer any cross-objection against the finding recorded by the Tribunal that finding must be said to have assumed finality under Order 41 Rule 22 of CPC. See 2010 (5) LJSOFT (URC) (NAG) 7

Medical negligence.

2010-05-16T06:39:00.001-07:00

Medical negligence — Offence punishable u/s 315 of IPC — Intention is one of the major ingredient. See 2010 (5) LJSOFT (AUR) 95

Maintenance — Second wife/ mistress.

2010-05-16T06:38:00.002-07:00

Maintenance — Second wife/ mistress — Applicant have recourse to the provisions of Protection of Women From Domestic Violence Act. See 2010 (5) LJSOFT (URC) (NAG) 13

Interest — Delay in payment of decretal amount.

2010-05-16T06:38:00.001-07:00

Interest — Delay in payment of decretal amount — An action only for interest is not unusual — Delay in payment of the decretal amount furnishes an independent cause of action for payment of interest on account of such delay — Claim maintainable u/s 3(1)(a), 3(1)(b) and u/s 4 of the Interest Act — Court in exercise of powers under Article 226 can also grant interest in such a a case. See 2010 (5) LJSOFT 87

Income tax — Re-opening of assessment.

2010-05-16T06:37:00.004-07:00

Income tax — Re-opening of assessment — Reasons recorded cannot be allowed to grow with age and ingenuity by devising new grounds in replies and affidavits — Reasons which are recorded cannot be supplemented by affidavits. See 2010 (5) LJSOFT 68

ESI Act — Applicability of.

2010-05-16T06:37:00.003-07:00

ESI Act — Applicability of — Gas lighter with a flame was being used for melting and soldering the gold and other ornaments — Use of LGP satisfies the definition of power — Manufacturing process was going on with aid of power. See 2010 (5) LJSOFT (URC) (GOA) 30

Divorce — Mental cruelty — Filing of false criminal case.

2010-05-16T06:37:00.001-07:00

Divorce — Mental cruelty — Filing of false criminal case — Solitary incidence would itself constitute mental cruelty — It is illogical that more than one complaint are necessary to be filed to constitute mental cruelty. See 2010 (5) LJSOFT (URC) 29

Corruption

2010-05-16T06:36:00.003-07:00

Corruption case — Accepting felicitation is no corruption. See 2010 (5) LJSOFT (URC) 16

Grant of bail _ Confession of co-accused.

2010-05-16T06:36:00.001-07:00

Bail — Grant of — Offence under POTA — Accomplice evidence is of a tainted character and as such is a weak evidence — Confession of co-accused cannot be read against the appellant while considering his plea for bail. See 2010 (5) LJSOFT 67

Porn websites _ Ban on.

2010-05-16T06:35:00.003-07:00

Porn websites _ Person aggrieved by web content could file complaint u/s 67 and 67A of Information Technology Act _ Court turned down a public interest litigation seeking a blanket ban on websites with sexual content on the internet. See 2010 (4) LJSOFT (URC) 18

Secondary evidence

2010-05-16T06:35:00.001-07:00

Secondary evidence _ Xerox copies prepared from xerox copies not covered under the ambit of secondary evidence as per the provisions of section 63(2) of Evidence Act. See 2010 (4) LJSOFT (URC) 9

Right of fair trial

2010-05-16T06:34:00.001-07:00

Right of fair trial _ Accused should know allegations made against him and have a copy of the F.I.R. at the earliest stage even before his arrest _ Accused entitled to a certified copy of the F.I.R. from the officer in charge of the police station _ Applicant entitled to interim protection pending receipt of a copy of the F.I.R. See 2010 (4) LJSOFT (URC) 17

Public Trust _ Secretary _ Withdrawal of powers.

2010-05-16T06:33:00.002-07:00

Public Trust _ Post of secretary _ There is no concept such as withdrawal of power and the person holding such post himself has to be removed. See 2010 (4) LJSOFT 164

Municipal Corporation _ Service of notice.

2010-05-16T06:33:00.001-07:00

Municipal Corporation _ Pre suit statutory notice as required u/s 384 not necessary before the institution of the suit against an apprehended injury. See 2010 (4) LJSOFT 70

Motor accident _ Contributory negligence.

2010-05-16T06:32:00.002-07:00

Motor accident _ Merely because two vehicles are involved it could not be inferred that it is a case of contributory negligence _ It has to be specifically pleaded and proved on the basis of preponderance of probabilities. See 2010 (4) LJSOFT 123

Mahomedan Law _ Re-marriage after talak.

2010-05-16T06:32:00.001-07:00

Mahomedan Law _ Re-marriage after talak _ Not necessary that the Halala formality must be complied with by the wife in case of every irrevocable Talak irrespective of its mode _ Only in case of a triple Talak, re-marriage with the same husband is legal and valid if Halala is observed _ In case of a talak in the Ahsan mode Halala is not mandatory. See 2010 (4) LJSOFT (URC) 6