FIRST LAW

Code of Civil Procedure, 1908 - Order VI Rule 17 & Order XXIII Rule 1 - Amendment of Pleadings - Withdrawal of suit or abandonment of part of claim - an amendment application should normally be granted unless by virtue of the amendment, nature of the suit is changed or some prejudice is caused to the defendant. Trans Freight Shipping Services v. N.K. Shashikumar, 12-09-2018 Code of Criminal Procedure, 1973 - Section 125 -  Once the marriage is not proved by the wife, she has no legal obligation to receive the maintenance from the revision petitioner under Section 125 of Cr.P.C. But the right of the child legitimate or illegitimate under the Court is an individual right of the child in his or on her own right, independent of mother. When a women claims maintenance, on behalf of minor child out of wedlock against the alleged father, the onus is on her to show that the child could only have been born through the alleged father. The 1st respondent may utilize her legal right to es...

1. Abha Jain v. State of Rajasthan, 25-09-2018 Code of Criminal Procedure, 1973 - Section 482 - Prayer of the petitioner to furnish true and correct transcription of compact disc (CD) has been declined - only the documents relied by the prosecution at the time of framing of charge can be taken into consideration and the material provided by the accused cannot be considered as the accused can produce and prove the same at the time of leading defence evidence. Consequently, prayer of the petitioner that the petitioner should be permitted to provide true transcription of CD is rejected with liberty to the petitioner to prove the same by leading defence evidence. However, it cannot be denied that the CD is part of challan filed by the prosecution and hence, there is merit in the submission made by the learned senior counsel for the petitioner that at the time of consideration of charges CD can be played in the court and contents thereof can be noted by the court at the time of formulati...

1. Ahalya Padhi v. State of Orissa, 05-09-2018 Prevention of Corruption Act, 1988 - Ss. 13(2) r/w. 13(1)(e) - Special Courts Act, 2006 (Orissa) - S. 17 - Special Courts Rules, 2007 (Orissa) - Confiscation of Properties / Pecuniary Resources - In the case in hand, at the appropriate stage of the confiscation proceeding or trial, if evidence is adduced that even though the property in question stands recorded in the name of ‘X’ but it is ‘Y’ who has purchased the property in the name of ‘X’ or in other words, ‘X’ is not the actual owner of the property, the same has to be considered and decided in accordance with law and this is not the stage to give any finding in respect of benami transaction particularly on the basis of a petition filed by a person who is not a party to the confiscation proceeding. 

Court Fee - In the event of finding deficiency in Court fee, a notice can be issued to the plaintiff to make good the required Court fee. In the event of his failure to do the same, the suit can be dismissed on that account. State Bank of India v. Subhash Chander Jain, 11-09-2018 Narcotic Drugs and Psychotropic Substances Act, 1985 - the Investigating Officer being the complainant should have refrained himself from further investigation of the case as he was not only the complainant in the case, but he carried on with the investigation and examined witnesses under Section 161 Cr.P.C. The perception of the Officer, who had seized the contraband and arrested the accused would negate the concept of fair and impartial investigation. The plinth of justice dispensation system is founded on the faith, trust and confidence of the people. A litigant reasonably expects adherence to the rules pertaining to fundamental adjective and seminal substantive law while delivering reasoned dec...

Code of Criminal Procedure, 1973 - Section 313 - Recording of statement is not merely formality, but entire circumstances and evidences, collected during the trial, are required to be explained to the accused. Md. Nizam v. State of Bihar, 05-09-2018  Code of Criminal Procedure, 1973 – Sections 190 and 204 - the Magistrate at the stage of cognizance could differ from the opinion of the police and proceed against even those accused, who may not have been charge-sheeted in the case. Kamroon Khatoon v. State of Bihar, 12-09-2018  Drugs and Cosmetics Act, 1940 - Section 18 (c) 27 (b) (ii) - Drugs and Cosmetics (Amendment) Act, 2008 - the prosecution can be instituted by a Drug Inspector or by any person aggrieved by filing a complaint. Police is not empowered to register any first information report and investigate the case so as to submit the chargesheet under Section 173 of the Criminal Procedure Code. Therefore, investigation of the police and consequential taking cognizance of...

1. Trans Freight Shipping Services v. N.K. Shashikumar, 12-09-2018  Code of Civil Procedure, 1908 - Order VI Rule 17 & Order XXIII Rule 1 - Amendment of Pleadings - Withdrawal of suit or abandonment of part of claim - an amendment application should normally be granted unless by virtue of the amendment, nature of the suit is changed or some prejudice is caused to the defendant. 

1. Kamroon Khatoon v. State of Bihar, 12-09-2018 Code of Criminal Procedure, 1973 - Ss. 190 & 204 - the Magistrate at the stage of cognizance could differ from the opinion of the police and proceed against even those accused, who may not have been charge-sheeted in the case.

Education Act, 1969 (Odisha) - Ss. 7, 24C - Orissa Education (Establishment, Recognition and Management of Private Colleges) Rules, 1991 - Rr. 22, 29 - Orissa (Non-Government Aided Colleges, Aided Junior Colleges and Aided Higher Secondary Schools) Grant-in-Aid Order, 2009 - Suitability and eligibility of a candidate.  Anjan Kumar Nanda v. State of Odisha, 04-09-2018 Education Act, 1969 (Odisha) - S. 24C - Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 1994 - Eligible Educational Institutions - Eligibility, criteria for consideration for Block Grant - Components and admissibility of Block Grant - Rate and disbursement of Block Grant.  Pradeep Kumar Baral v. State of Odisha, 04-09-2018 Employment - Advertisement - Eligibility Condition - Equivalent Condition - the stipulation made in the advertisement is to be adhered to and there cannot be any deviation. If the advertisement contains any eligibility condition, the candid...

Aadhaar - Whether the Aadhaar Project creates or has tendency to create surveillance state and is, thus, unconstitutional on this ground - Whether the Aadhaar Act violates right to privacy and is unconstitutional on this ground - Discussed. Justice K.S. Puttaswamy (Retd.) v. Union of India, 2018 (12) Scale 1 W.P. (C) No. 494 of 2012 26-09-2018

Aadhaar - Whether the Aadhaar Project creates or has tendency to create surveillance state and is, thus, unconstitutional on this ground - Whether the Aadhaar Act violates right to privacy and is unconstitutional on this ground - Discussed. Justice K.S. Puttaswamy (Retd.) v. Union of India, 2018 (12) Scale 1 W.P. (C) No. 494 of 2012 26-09-2018 Advocates Act, 1961 - Salary, Allowances and Pension of Members of Parliament Act, 1954 - Bar Council of India Rules - Rule 49. Ashwini Kumar Upadhyay v. Union of India, 2018 (4) JLJR 70 : JT 2018 (9) SC 449 : 2018 (4) RCR (Civil) 497 : 2018 (11) Scale 459 : 2018 (7) SLT 625 W.P. (C) No. 95 of 2018 25-09-2018 Arbitration - Vague Arbitration Clause - Option of Arbitration or Court Adjudication - Intention of Parties to Arbitrate is vital, even if the dispute resolution clause is vague - Choice of the Parties to be respected if a contract clause gives option of arbitration or court adjudication - Clause 15 refers to arbitration or court. It, t...