FIRST LAW

Arbitration - Arbitrator has the power to award interest pendente lite where justified. Raveechee and Co. v. Union of India, 2018 (4) ALT 46 : 2018 (4) CTC 330 : 2018 (3) RCR (Civil) 465 : 2018 (8) Scale 415 C.A. No. 5964-5965 of 2018 03-07-2018 Arbitration Act, 1940 - Pendente Lite Interest - Under the 1940 Act, an arbitrator has power to grant pre-reference interest under the Interest Act, 1978 as well as pendente lite and future interest. However, he is constricted only by the fact that an agreement between the parties may contain an express bar to the award of pre-reference and/or pendente lite interest. Reliance Cellulose Products Ltd. v. Oil and Natural Gas Corporation, AIR 2018 SC 3707 : 2018 (4) ArbLR 276 : 2018 (3) RCR (Civil) 861 : (2018) 9 SCC 266 C.A. No. 6639 of 2018 20-07-2018 Arbitration and Conciliation Act, 1996 - Clauses which is inserted in an Agreement to to prevent disputes from occurring and to ensure smooth implementation of the Agreement, thereby making it c

Evidence Law - Confessional Statement of a Co-accused cannot by itself be taken as a Substantive Piece of Evidence against another Co-accused. Surinder Kumar Khanna v. Intelligence Officer Directorate of Revenue Intelligence, 2018 (3) JKJ 39 : 2018 (3) KLJ 808 : 2018 (3) KLT 1027 bit.ly/CrlA949of2018 31-07-2018

Advocates Act, 1961 -  The High Court has power to issue a writ to any person or Authority including any Government within its territory for enforcement of any of the rights conferred by Part-III of the Constitution of India and/or any other purpose. The writ jurisdiction is being exercised to protect the fundamental rights of the members of the Bar to appear in the Court and also the fundamental rights of the citizens of the State to get their cases decided with the assistance of the Advocates engaged by them. Therefore, the writ petition against call by the Bar to abstain from work has not become  infructuous  and that the writ court is bound to protect the rights of the citizens.

1.  Surinder Kumar Khanna v.  Intelligence Officer Narcotic Drugs and Psychotropic Substances Act, 1985 - Ss. 21(c) r/w. 29 - Confessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused and can at best be used or utilized in order to lend assurance to the Court. In the absence of any substantive evidence it would be inappropriate to base the conviction of the accused purely on the statements of co-accused.

Narcotic Drugs and Psychotropic Substances Act, 1985 -  Ss. 21(c) r/w. 29 - C onfessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused and can at best be used or utilized in order to lend assurance to the Court - In the absence of any substantive evidence it would be inappropriate to base the conviction of the accused purely on the statements of co-accused.  

Arbitration and Conciliation Act, 1996 - 34(5)   - Application for setting aside arbitral award - Requirement of Issuance of Prior Notice - Filing of an affidavit endorsing compliance under S. 34(5) - Is directory and not mandatory .

What is the interpretative rule to be applied while interpreting a tax exemption  provision / notification when there is an ambiguity as to its applicability with reference to the entitlement of the assessee or the rate of tax to be applied ?

The ingredients of Section 498­A IPC " Section ­498A: Husband or relative of husband of a woman subjecting her to cruelty. -   Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

1. Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 406, 420 & 120B - Quashing of FIR - Parties have already compromised the matter - Even if, the trial is allowed to be continued, as the parties have compromised the matter, there are bleak chances of conviction to secure the ends of justice;  Jagpreet Singh v. State of H.P., 24-07-2018 Cr. MMO No. 207 of 2018

Family Courts Act, 1984 -  S.19  - Appeal -  ex parte decree -  Is an order passed by the Family Court setting aside an ex parte decree appealable ?

1. Taher Hoque Laskar v. Union of India Service Law -  CRPF  - T ransfer & Posting -  In matters relating to transfer and posting, it is the administrative and the executive authorities who are to decide as to how and when the employees concerned are to be transferred and posted - there are standing instructions to regulate the transfer and posting of the CRPF personnel and officers - controversy would be best settled at the level of the organization itself unless there are certain compelling circumstances to take up and adjudicate the matter. 2. Diganta Sarma v. Chaitali Siddhanta Women (Reservation of Vacancies in Service and Posts) Act, 2005 ( Assam) - A ppeal stands disposed of by directing the respondent authorities No.2 to 4 to allow the appellant to continue in his service as an Assistant Deputy Controller of Civil Defence (Junior) by adjusting his service against the available vacant post of Assistant Deputy Controller of Civil Defence (Junior) and Respondent No.

Land Acquisition Act, 1894 - H ow the Court should determine the valuation of the lands under acquisition and what broad principle of law relating to acquisition of land under the Act should be kept inconsideration to determine the proper market value of the acquired land - Discussed.

Administrative Law - Whether the executive instructions can in fact supersede or can substitute the statutory rules framed - Discussed.

1. Harish v. State, 10-07-2018 Murder Trial - Investigation, arrest and recoveries - Medical evidence - No incriminating circumstances proved - Unconvincing arrest - Sole eye-witness testimony unreliable - Charge under Section 302 IPC not independently proved - Accused is entitled to the benefit of doubt.

1. Ramaswamy v. Union of India, 09-07-2018 Promotion - Departmental Promotion Committee (DPC) -  If this Court is concerned about the right of the Petitioner to hold on to the promoted post, we are also concerned about the right of the senior who came to be denied promotion by non-consideration or non-grant in the earlier round of DPC which was held and which was not based on the correct seniority position of all the employees in question. 2. Lalit Kumar Tandon v. State of Chhattisgarh, 09-07-2018  Penal Code, 1860 -  Ss. 420,406, 467, 468 & 120B -  defalcation by manipulation in the Paddy Procurement Centre, which is a public welfare scheme - issued fake token receipts - Anticipatory Bail Allowed. 3. R.N. Choubey v. State of Chhattisgarh, 09-07-2018 Promotion - Departmental Promotion Committee (DPC) - finding of the Review DPC dated 6.5.2006 as also the impugned order dated 2.2.2010 whereby the promotion of the Petitioners to post of Executive Engineer was cancelle

1. Civil P.C. 1908 - S. 21 (2) - Court Fees & Suits Valuation Act, 1956 (Andhra Pradesh) - S.11 - Pecuniary Jurisdiction - Trial Court should not have been dismissed the suit technically saying it has no pecuniary jurisdiction by placing reliance on one of the value of the document of the property referred by the defendants without even considering and without even affording opportunity in relation thereto - At best it could have been directed the plaintiff to pay the deficit Court fee and if failed to pay, it should have been rejected the plaint and otherwise while pronouncing the judgment would have been directed to pay the deficit Court fee and should not have been dismissed the suit, that too it cannot arrive any conclusion of law of pecuniary jurisdiction when the plaint valued on its face shows it got pecuniary jurisdiction, and once the Court fee is not revised by revising the value for purpose of jurisdiction on pecuniary aspect, it cannot say that it has no pecuniary