FIRST LAW

Contempt of Courts Act, 1971 -  The dignity and authority of the Court has to be maintained not only by the general public but also by the Advocates who constitute an important part of the system of the administration of justice and are considered as officers of the Court.  

Civil Procedure Code, 1908 - S. 24 & 25 -  Hindu Marriage Act, 1954 -  Section 9 -  Cases relating to transfer of matrimonial proceedings, it is the convenience of the wife, which has to be looked at.

Lavghanbhai Devjibhai Vasava v. State of Gujarat, (2018) 4 SCC 329 Penal Code, 1860 - Ss. 302 / 304 - Parameters which are to be taken into consideration while deciding the question as to whether a case falls under Section 302 IPC or Section 304 IPC;  JT 2018 (3) SC 65 : 2018 (3) SCALE 309  http://bit.ly/2L4xWYW

Town Planning  - Delhi Development Act, 1957 - S.11A - Delhi Development (Master Plan and Zonal Development Plan) Rules 1959 - Rr. 5& 7 - Public notice regarding preparation of Master Plan - Notice to and representation from local authorities.  M.C. Mehta v. Union of India, JT 2018 (5) SC 383 : 2018 (8) Scale 42   W.P. (C) No. 4677 of 1985 24-05-2018

Anticipatory Bail - Whether should be for a limited period of time - Referred to Larger Bench. Sushila Aggarwal v. State (Nct of Delhi), 2018 (103) AllCC 995 : 2018 (3) Bom.C.R.(Cri.) 240 : JT 2018 (5) SC 137 : 2018 (7) Scale 549 S.L.P. (Crl.) No. 7281 of 2017 15-05-2018 Arbitration and Conciliation Act, 1996 - Determination of International commercial arbitration or Foreign Seated arbitration. Union of India v. Hardy Exploration and Production (India) Inc., 2018 AllCJ 1500 : 2018 (3) ArbLR 156 : JT 2018 (5) SC 432 : 2018 (3) RAJ 534 : 2018 (6) Scale 504 : (2018) 7 SCC 374 C.A. No. 4628 of 2018 01-05-2018 Arbitration and Conciliation Act, 1996 - S. 8. Ameet Lalchand Shah v. Rishabh Enterprises, AIR 2018 SC 3041 : 2018 (3) ArbLR 120 : 2018 (5) MLJ 496 : 2018 (3) RAJ 609 : 2018 (2) RCR (Civil) 879 : 2018 (6) Scale 621 : 2018 (4) SLT 9 C.A. No. 4690 of 2018 03-05-2018 Arbitration and Conciliation Act, 1996 - S. 8. Purushottam v. Anil, AIR 2018 SC 2325 : 2018 (3) ALD 188 : 2018 (3) Arb

Constitution of India, 1950 -  Arts. 14, 15 & 19 -  Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 -  S. 4 -  Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 - R.4 -  Vishaka  Guidelines are to be taken seriously, and not followed in a ritualistic manner.

Magistrate to record satisfaction of service of summons while issuing bailable / non-bailable warrants.

Registration Act, 1908 -  S. 71 -  Reasons for refusal to register to be recorded -  A person can opt out of a transaction any time before the transaction is completed.

Code of Civil Procedure, 1908  -  Order VI Rule 17 - A mendment of the Plaint -  a plaintiff in a suit for specific performance, cannot by way of amendment, substitute one agreement to sell for another. 

Criminal Procedure Code, 1973 - Ss. 259 & 482 -  Power of Court to convert summons-cases into warrant cases - E xercise of jurisdiction under Section of the 259 Cr.P.C. is not available to the Magistrate at the early stage of trial.

Registration of Births & Deaths Act, 1969 - A n individual can certainly claim a right both in common law as well as a fundamental right under Article 21 of the Constitution of India for effectuating change of name if he so bona fide desires for such change of name.

Criminal Procedure Code, 1973 - Ss. 451 & 457 - A t the time of passing an order on the question of interim custody, the prime consideration which should weigh with the Court of Law, is when the concerned person/petitioner is called upon, the vehicle would be produced for the purpose of evidence and if in the event of confiscation order, the same would be available for confiscation.

National Investigation Agency Act, 2008 - Penal Code, 1860 - Ss. 120-B, 153-A, 326 & 327 - Explosive Substances Act, 1908 -  S. 3 -  Unlawful Activities (Prevention) Act, 1967 -  Ss. 16 r/w. 18 -  Parole -  In view of the prohibition contained in Rule 397(l)(v) of the Kerala Prison and Correctional Services (Management) Rules, 2014, the petitioners are not entitled to parole.

Evidence Act, 1872 -  S.114 -  Penal Code, 1860 - Ss. 411, 457 & 380 - Theft -  Lurking house trespass -  Dishonestly receiving stolen property - A ccused not guilty under Sections 457 and 380 I.P.C, but the 2 nd  accused was found guilty under Section 411 I.P.C. Though the prosecution could not effectively and successfully prove the alleged offence of lurking house trespass and theft, the evidence adduced by the prosecution clearly proved the offence under Section 411 I.P.C as against the 2 nd  accused. It was in such a circumstance, the trial court found him guilty under Section 411 I.P.C as a lesser offence.

Telecom Regulatory Authority of India Act, 1997 -  Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017- Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017.

Evidence Act, 1872 - S.42 - Private Forest (vesting and assignment) Act, 1971 ( Kerala)   -  S.6  -  Private Forests (Vesting and Assignment) Rules, 1974  ( Kerala)   -  R. 2A -  Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 ( Kerala).

Penal Code, 1860 -  Ss. 306/34 & 107 -  For the wrong decision taken by a coward, fool, idiot, a man of weak mentality, a man of frail mentality, another person cannot be blamed as having abetted his committing suicide.

Passports Act, 1967 - S. 17 - C orrection of date of birth -  Court deprecated  the practice of entertaining applications for correction of date of birth in the passports after several years of its issue - correction shall not be done even based on civil court declarations, after several years of the issue of passport.

Motor Accidents Claims - Disability Assessment - Medical Board -  Tribunal has to refer the claimant to Medical Board for assessing the disability -  In the absence of such assessment made by the Medical Board, the compensation assessed by the Tribunal is not just compensation.

Trade Marks Act, 1999 -  Ss. 2(zb),  2 (m), 2 (2), 2 (3), 29,    30 (2) (e),  33 - I nfringement of registered trade marks -  Effect of acquiescence.

The impugned judgment seems to have placed heavy reliance on the Diocese’s enquiry report and concluded— prima facie , though— that a cognizable offence is made out. But, regrettably, it has missed out on the fundamental jurisdictional issue. It has failed to notice the unseemly haste Shine Varghese, the Petitioner showed: no sooner had he submitted his complaint than he rushed to the Court—in 24 hours.

Promissory Estoppel - P rinciples of -  The entrepreneur having set up the food processing unit on the basis of promise, the respondents cannot be allowed to rescind from their promise so as to deny her claim only because the State has not granted the budget for the subsequent year.  

Rape Victim - Delhi State Legal Services Authority (DSLSA) shall ensure that hereafter every rape victim in Delhi, unless she is able to arrange a private lawyer, is offered the services of a panel lawyer of the DSLSA and counselling services from the earliest stage of the case, i.e. even at the stage of recording of her statement under Section 164 Cr PC and thereafter throughout the trial. This may have to continue even thereafter till the conclusion of the appeal, if any.

Kerala State and Subordinate Services Rules, 1958 -  Rule 8 -  Members absent from duty -  the absence of the petitioner in KSEB on account of his appointment in the Irrigation Department, could not have been an impediment for his appointment back in the KSEB.

Hindu Marriage Act, 1955  - The family court or even High court cannot grant a decree of divorce on the ground of irretrievable break down of marriage as it is not a ground under the Hindu Marriage Act.

Penal Code, 1860 - S. 498A -  One or two stray instances of physical assault or verbal abuse will not be sufficient for a prosecution under Section 498A IPC.

Constitution of India -  Article 20(2) -  Life Insurance Corporation of India (Staff) Regulations, 1960 - D ouble Jeopardy -  N otwithstanding the fact that in a disciplinary action which preceded the judgment of conviction and sentence a punishment other than a punishment of compulsory retirement or removal or dismissal has been imposed on an employee, the employer would still have the power or authority to pass appropriate further orders in cases where on the grounds of conduct which led to the imposition of penalty, he or she is also convicted on a criminal charge.

Constitution of India -  Art. 227 -  Evidence Act, 1872 -  S. 112 -  Criminal Procedure Code, 1973 -  Ss. 125 & 362 -  Family Courts Act, 1984 -  Ss. 7, 8 & 20 - W hether the Minor child is entitled to receive maintenance from his biological father under section 125 of the Cr.P.C.

Civil Procedure Code, 1908 - Order 9 Rule 13 -  Setting aside decree ex parte against defendants - L aches on the part of the petitioners can be corrected by awarding curative costs.

Arbitration and Conciliation Act, 1996 - Ss. 5 & 8 -  On a mere filing of an application under section 8 of the arbitration act the court does not loses its jurisdiction to pass any further orders either in the main proceedings or in the supplementary or incidental proceedings in the said suit.

Arbitration and Conciliation Act, 1996 -    Section 34 -  Interpretation of an agreement is within the domain of the arbitrator.

Anticipatory Bail - Whether should be for a limited period of time - Referred to Larger Bench - Sushila Aggarwal Vs. State (Nct of Delhi) - SLP (Crl) No. 7281 / 2017 - 15-05-2018, JT 2018 (5) SC 137 

CBI Investigation ordered for instilling confidence in the minds of the victims as well as public at large - there is no infirmity in the conclusion reached by the High Court .

Penal Code, 1860 -  Ss. 341, 323, 342, 363 & 504 r/w. 34 -  Criminal Procedure Code, 1973 -  S. 438 - G rant of pre-arrest bail -  there must be an accusation against the person concerned of having committed non-bailable offences for which he has reason to believe of getting arrested - Only on such condition precedent, he may approach either the High Court or the Court of Session for a direction that he may be released on bail in the event of such arrest.

Right to Information Act, 2005 - S. 20 -  Penalties -  Information seeker under Right to Information Act, 2005 cannot resort to penalty proceeding under Section 20 of the Act of 2005.

Constitution of India, 1950 -  Arts. 21, 22(1) & 39A -  Absence of counsel to defend the Accused when he stood his trial and prosecution witnesses went unchallenged, the entire trial is vitiated.

Mahatma Gandhi National Rural Employment Guarantee Act, 2005 - SC d irects the Central Government through the Ministry of Rural Development, in consultation with the State Governments and Union Territory Administrations to prepare an urgent time bound mandatory program to make the payment of wages and compensation to the workers.

Consumer Protection Act, 1986 -  S. 21(b) - Revision Petition - Life Insurance - LIC could not be asked to make payment of claim under the policy, if the same was lying in a lapsed condition at the time of death of the policy-holder. 

1. Kerala Assistant Public Prosecutors Association Vs. The State of Kerala Code of Criminal Procedure, 1974 - Ss. 24 & 25 - The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar, per se, cannot be the basis to claim parity with Public Prosecutors in respect of age of superannuation.

UP Basic Education Act, 1872 - UP Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 -  The effect of the orders passed by the High Court is that 1 st  respondent is to be paid salary for nearly 10 years when in reality she had actually worked for only 36 days during that period. She herself sought pre-mature voluntary retirement and was allowed to retire and was extended all retired benefits.  Considering all these facts and circumstances, the orders passed by the Single Judge and the Division Bench in the present matter, in our view are unsustainable and erroneous.

Penal Code, 1860 - Section 306 -  As a superior officer, if some work was assigned by the applicant to the deceased, merely on that count it cannot be said that there was any guilty mind or criminal intent.

Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 -  Section 15(2) - A  Pramukh can be removed when a vote of no confidence is passed against him -  Once the no confidence motion fails, it cannot be brought again for one year.

Motor Vehicles Act, 1988 -  S. 66 -  Use of a vehicle in a public place without a permit is a fundamental statutory infraction.

Criminal Procedure Code 1973 -  S. 439 -  Penal Code, 1860 -  Ss. 376, 342, 493, 506 & 354 (C) - B ail once granted should not be cancelled unless a cogent case, based on a supervening event has been made out.

Securitisation and Reconstruction of Financial Assets and Enforcement of  Security Interest Act, 2002 -  Section 34 -  the High Court could not have directed the Bank to deposit Rs.25 Lacs in an interest earning deposit and the profits of the said deposit to enure to the benefit of the successful party. Such a direction was wholly uncalled for.

Code of Criminal Procedure, 1974 -  Ss. 24 & 25 -  The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar,  per se , cannot be the basis to claim parity with Public Prosecutors in respect of age of superannuation.

A borrower cannot be declared as willful defaulter in a mechanical manner. 

Constitution of India -  Article 226 - C ompassionate Appointment -  family assets, retiral benefits and private job cannot deprive the family from the security of compassionate appointment.

This case is a classic illustration of how the State failed in its primary constitutional responsibility of maintaining law and order by its ineffectiveness in the enforcement of criminal law. 

The Delhi High Court on Tuesday ruled that o nce a party decides to have a second thought and on reflection, backs off, the concerned court cannot compel the defaulting party to give its consent on the basis of an earlier settlement / undertaking.

The Delhi High Court on Tuesday 15th May 2018 in the matter of  Rajat Gupta & Others Vs. Rupali Gupta & Others answered four questions of law under Section 13B of the Hindu Marriage Act, 1955 and one of them are given below:

Negotiable Instruments Act, 1881 - S.138 - Criminal P.C. 1973 - S.401 - High Court' s Powers of revisions - Revision against Conviction - Condition of deposit of 1/4th of the cheque amount - Senior Citizen - High Court to dispose of the Revision Petition expeditiously preferably within six months - the interim direction issued by the High Court for deposit of 1/4th of the cheque amount is vacated.

Commissions of Inquiry Act, 1952 -  Those findings, observations and recommendations of the Commission in its report, that are based on the sexual content of the letter dated 19.07.2013, and the reproduction of the contents of the letter itself, in not less than four places in the report, have necessarily to be expunged from the report so that they are not acted/relied upon by the Government.

Criminal Procedure Code, 1973 - S. 125 -  Order for maintenance of wives, children and parents -  Application for interim maintenance has to be decided on the basis of affidavit.

Ranbir Penal Code -  Ss. 302/341 -  ‘Motive’ is an emotion which compels the person to do a particular act. But in all the cases, it will be very difficult for the prosecution to prove the real motive. Motive is a double edged weapon when there is a direct and reliable evidence available on record, motive loses its importance. In a case of circumstantial evidence, motive assumes greater importance than in the case of direct evidence. In a case of direct and compelling evidence, even assuming that no motive is attributed, still the prosecution version has to be examined.  [Para 16]

Civil Procedure Code, 1908 - S. 97 - W here any party aggrieved by a preliminary decree passed, does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.

Constitution of India -  Article 309 -  Punjab Superior Judicial Service Rules, 2007 - M erely because the name of a candidate finds a place in the select merit list does not given an indefeasible right to appointment as well and it is always open to not even fill up a vacancy.