FIRST LAW

The Code of Civil Procedure, 1908 - Section 100 - Substantial Question of Law - Interpretation of any terms and conditions of a document constitutes a substantial question of law within the meaning of Section 100 of the Code. 

Central Industrial Security Force Act, 1968 -  Section 15 - A plain reading of the provision indicates that the member of the Force is considered to be always on duty.

Constitution of India - Article 226 and 227 - A dispute inter se private parties of the nature could not be allowed to be raised in the writ petition for seeking issuance of mandamus against the State and its authorities in relation to the properties in question. No writ petition can be entertained for issuance of any writ against any private individual in respect of any private property dispute. The remedy in such case lies in civil Courts.

1. Vijay Kumar Jain v. Standard Chartered Bank The Insolvency and Bankruptcy Code, 2016 - Sections 24, 25, 29, 30, 31, 60, 61, 62 - The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 - Regulations 19, 21, 24, 35, 36, 37, 38, 39 - Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 - Regulations 7 - National Company Law Appellate Tribunal - “information memorandum” - Committee of Creditors - Meeting of Committee of Creditors - Duties of Resolution Professional - Preparation of Information Memorandum - Submission of Resolution Plan - Approval of Resolution Plan - Adjudicating Authority for Corporate Persons - Appeals and Appellate Authority - Appeal to Supreme Court - Notice for meetings of the committee - Contents of the notice for meeting - Conduct of meeting - Fair value and Liquidation value - Mandatory contents of the resolution plan - Certificate of registration - Former members o

Abkari Act (Kerala) - Ss. 8 (2) & 63 - Possession of 4.5 litres of arrack in a plastic can and 3.750 litres of Indian Made Foreign Liquor - the interest of justice would be met if the imprisonment is reduced to the period, already undergone by the accused. Abhay Manohar Sapre & R. Subhash Reddy , JJ. Lalichan v. State of Kerala, JT 2019 (1) SC 195 : 2019 (1) Scale 211 Crl.A. No. 22 of 2019 07-01-2019

Land Law - Mutation in the Revenue Records pertaining to any Land - What is its legal value while deciding the rights of the parties - Mutation of a land in the revenue records does not create or extinguish the title over such land nor it has any presumptive value on the title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question.

Insolvency and Bankruptcy Code, 2016 - A resolution plan which has been approved or rejected by an order of the Adjudicating Authority, has to be sent to “participants” which would include members of the erstwhile Board of Directors.  Rohinton Fali Nariman  & Navin Sinha, JJ.  Vijay Kumar Jain v. Standard Chartered Bank ,  JT 2019 (2) SC 583 : 2019 (1) RCR (Civil) 865 : 2019 (2) SCALE 352 C.A. No. 8430 of 2018 31-01-2019

Penal Code, 1860 – Ss. 498A / 323 / 114 - Criminal P.C. 1973 - Ss. 227 & 228 - If there is no ground for presuming that the accused has committed an offence, the charge must be considered to be groundless, which is the same thing as saying that there is no ground for framing the charge.

Border Security Force Act, 1968 -  Section 62 - Petitioner was dismissed from service without affording him proper opportunity of being heard - In case, the petitioner had filed mercy petition, minimum that was required was intimation of date of hearing to him so as to enable him to appear before the competent authority and present his case. The same having not been done, it has resulted in miscarriage of justice.

Judicial Review - Legitimate expectation is one of the grounds of judicial review but unless a legal obligation exists, there cannot be any legitimate expectation. The legitimate expectation is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded as a right.

Supreme Court of India Judgments [Tuesday, January 29, 2019] Supreme Court of India Judgments [Monday, January 28, 2019]   Supreme Court of India Judgments [Friday, January 25, 2019] Supreme Court of India Judgments [Wednesday, January 23, 2019] Supreme Court of India Judgments [Tuesday, January 22, 2019] Supreme Court of India Judgments [Monday, January 21, 2019] Supreme Court of India Judgments [Friday, January 18, 2019] Supreme Court of India Judgments [Friday, January 11, 2019] Supreme Court of India Judgments [Wednesday, January 9, 2019] Supreme Court of India Judgments [Tuesday, January 8, 2019] Supreme Court of India Judgments [Monday, January 7, 2019] Supreme Court of India Judgments [Friday, January 4, 2019] Supreme Court of India Judgments [Thursday, January 3, 2019] Supreme Court of India Judgments [Wednesday, January 2, 2019] 1. Sumit Kumar Saha v. Reliance General Insurance Insurance Law - Except in cases where the agreement on part of the Insurance Com

The Negotiable Instruments Act , 1881 - Sections 138 and 145 - The Code of Criminal Procedure, 1973 - Section  143 - Power of Court to try cases summarily - Evidence on affidavit - If the evidence of the witnesses could be by way of affidavit in terms of Section 145 NI Act, the evidence of the accused could also be way of affidavit.

Telecom Regulatory Authority of India Act, 1997 - Sections 11, 12, 13 and 36 -  Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 - The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 - It is not for this court to interfere with the deadline, unless its shows that such a decision is completely perverse.

Supreme Court of India Judgments [Monday, January 28, 2019]   Supreme Court of India Judgments [Friday, January 25, 2019] Supreme Court of India Judgments [Wednesday, January 23, 2019] Supreme Court of India Judgments [Tuesday, January 22, 2019] Supreme Court of India Judgments [Monday, January 21, 2019] Supreme Court of India Judgments [Friday, January 18, 2019] Supreme Court of India Judgments [Friday, January 11, 2019] Supreme Court of India Judgments [Wednesday, January 9, 2019] Supreme Court of India Judgments [Tuesday, January 8, 2019] Supreme Court of India Judgments [Monday, January 7, 2019] Supreme Court of India Judgments [Friday, January 4, 2019] Supreme Court of India Judgments [Thursday, January 3, 2019] Supreme Court of India Judgments [Wednesday, January 2, 2019] 1. Harbans Kaur v. Iqbal Singh Rent Control Act, 2001 (Rajasthan) - Sections 4, 6, 7, 9 and 14 - Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - Rent to be as agreed - Revision of

Motor Vehicles Act 1988 - Holders of Licences authorizing to drive light motor vehicle are entitled to drive transport vehicles provided the gross vehicle weight does not exceed 7500 kg. [Para 5] K. Surendra Mohan, J.  Noorumon v. Regional Transport Officer , W.P. (C). No. 9392 of 2012 28-01-2019 Arbitration and Conciliation Act, 1996 - S. 34 (1) - National Highways Act, 1956 -  Ss. 3G(5) & 3J - What is the remedy of the appellant to redress his grievance regarding inadequate compensation granted for the land acquired - The court cannot correct errors of the arbitrators - It can only quash the award leaving the parties free to begin the arbitration again if it is desired.  V. Chitambaresh & R. Narayana Pisharadi, JJ .  Udayakumar v. Project Director NHAI,  Arb.A. No.68 of 2015 21-01-2019 Family Law - Christian Marriage - It is a practice among the members of the community that money and gold ornaments are given to a bride as parental share. It of course depends upon the

A person who asserts possessory title over a particular property will have to show that he is under settled or established possession of the said property. But merely stray or intermittent acts of trespass do not give such a right against the true owner. 

The Kerala High Court on Monday, 14th day of January 2019 in the case of  Pramod E.K. v. Louna V.C. has held that "the hearsay which is inherently inadmissible cannot be acknowledged as an evidence in any proceeding before a Family Court."

The Constitution of India - Article 32 - The Rules of High Court of Madras, 1970 - Rules 14A, 14B, 14C and 14D of - The Advocates’ Act, 1961 - Section 34(1) - Autonomy of the Bar in the disciplinary matters cannot be taken over by the Courts.

1. Vijay A. Mittal v. Kulwant Rai (Dead) thr. Lrs. Specific Performance - A finding on the issue of readiness and willingness is one of the important and relevant findings in a suit for specific performance of an agreement. It is a finding based on facts and once it is recorded, it becomes a finding of fact - Unless such finding is found to be against the pleadings or contrary to the evidence or the law governing the issue, it is binding on the High Court and also on this Court.

Motor Vehicles Act 1988 -  Holders of Licences authorizing to drive light motor vehicle are entitled to drive transport vehicles provided the gross vehicle weight does not exceed 7500 kg.

Arbitration and Conciliation Act, 1996 - Ss. 11, 12 & 15 - Mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another arbitrator in deviation from the terms agreed to by the parties.  R. Banumathi & Indira Banerjee, JJ . Rajasthan Small Industries Corportion Limited v. M/s Ganesh Containers Movers Syndicate , C.A. No. 1039 of 2019 23-01-2019

Specific Relief Act, 1963 - S. 31 - When cancellation may be ordered - plaintiff admittedly have not asked for any cancellation of the sale deed made in favour of the appellants. In view of this, the suit for specific performance could not have been decreed in favour of the plaintiff as one conveyance.  Sharda Rani Chhabada v. Rajjan Prasad , Goutam Bhaduri, J. F.A. No. 398 of 1996 22-01-2019 Penal Code, 1860 - Ss. 467, 468, 471, 380, 384 / 34 - Quashment of the Criminal Case - complaint is private in nature and was revolving in between the complainant and the petitioners. The complainant has stated that he do not want to continue the prosecution, therefore, continuation of the prosecution may be futile.  Roshan Lal Burman v. State of Chhattisgarh , Goutam Bhaduri, J.  Crl.M.P. No. 192 of 2018 18-01-2019 Motor Vehicles Act, 1988 - S. 166 - a child aged about 8 years died in motor vehicular accident and the claimants were young parents, considering its various earlier d

Medical Jurisprudence and Toxicology - Penal Code, 1860 - Ss. 302 / 34 - Arms Act, 1959 - S. 27 - If a firearm is discharged very close to the body or in actual contact, subcutaneous tissues over an area of two or three inches around the wound of entrance are lacerated and the surrounding skin is usually scorched and blackened by smoke and tattooed with unburnt grains of gunpowder or smokeless propellant powder. The adjacent hairs are singed, and the clothes covering the part are burnt by the flame. If the powder is smokeless, there may be a greyish or white deposit on the skin around the wound. Blackening is found, if a firearm like a shotgun is discharged from a distance of not more than three feet and a revolver or pistol discharged within about two feet. [Para 18] Rakesh Kumar & Prakash Chandra Jaiswal, JJ . Murari Yadav v. State of Bihar   Crl.A. No. 578 of 2013 24-01-2019

Protection of Children from Sexual Offences Act, 2012 - In present scenario where day-by-day such type of crime continuously increased, reformative ideas are totally ineffective. Justice demands that the Court should impose punishment befitting the crime so that it reflects public abhorrence of the crime. [Para 34]

Municipal Corporation Act, 1957 (Delhi) - Ss. 343, 347B & 347D -  Order of demolition and stopage of buildings and works in certain cases and appeal - Appeals against certain orders or notices issued under the Act -  It shall only be the orders / notice issued under Section 343 and Section 347B of the Act, which can be challenged in an appeal before the District & Sessions Judge under Section 347D of the Act.

Criminal P.C. 1973 - Ss. 391 - When Statute grants right to appeal to an accused, he has right to take all steps and take benefit of all powers of the Appellate Court in the ends of the justice. In a criminal case Appellate Court has to consider as to whether conviction of the accused is sustainable or the appellant has made out a case for acquittal. The endeavour of all Courts has to reach to truth and justice.

1. Swiss Ribbons Pvt. Ltd. v. Union of India Constitutional validity of various provisions of the Insolvency and Bankruptcy Code, 2016. Citations : JT 2019 (2) SC 125 : 2019 (2) SCALE 5 Case Number : W.P. (C) No. 99 of 2018 25-01-2019 Petitioner's Advocate : Udit Kishan and Associates Bench : Hon'ble Mr. Justice Rohinton Fali Nariman, Hon'ble Mr. Justice Navin Sinha Judgment By : Hon'ble Mr. Justice Rohinton Fali Nariman 2. Ramesh Sanka v. Union of India Constitution of India - Article 32 - No writ lies under Article 32 of the Constitution at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se the employee and his employer. If the writ petitioner has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement with the respondent No.12 – Company, his legal remedy lies in filing Civil Suit or take recourse

Prevention of Corruption Act, 1988 -  Battling corruption is the crying need of the day and the same should be dealt with an iron hand. 

The Insolvency Code is a legislation which deals with economic matters and, in the larger sense, deals with the economy of the country as a whole.

Judicial review in policy matter which is wisdom of the policy, cannot be judicially scrutinised, though the Court can consider whether the policy is arbitrary or violative of law.

The Code of Criminal Procedure, 1973 - Sections 195 and 340 - Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence -  Procedure in cases mentioned in section 195 - Action under section 340 is to be initiated at the discretion of the Court.

The Indian Penal Code, 1860 - Sections 450 and 302 - The Evidence Act, 1872 - Section 118 - Who may Testify - Testimony of Minor Witnesses - Faulty Investigation.

Penal Code, 1860 – S. 304B & 498A -  Evidence Act, 1872 – S. 113B - D emand of cash as well as one colour TV - the presumption cannot apply unless it is established that soon before her death, a woman has been subjected to cruelty or harassment for or in connection with any demand for dowry.

1. Dev Wati v. State of Haryana Criminal P.C. 1973 – S. 319 (1) - Power to proceed against other persons appearing to be guilty of offence, though not accused before the Court. 

Criminal P.C. 1973 – S. 319 (1) - Power to proceed against other persons appearing to be guilty of offence, though not accused before the Court.

Service Law - Judicial Service - the Principle enunciated to count 10 years Bar practice of an advocate has not been restricted to only High Court Judges but is applicable qua an advocate having 10 years practice appointed on direct recruitment basis to a Judicial Post. Once it includes the post of ADJ, it cannot exclude the Judicial Members appointed from the Bar in the tribunal even before 19.2.2007. This cut off date has no reasonable nexus with the object of redeeming an advocate a right of respectable pension in case of less service by addition of 10 years practice at bar as a qualifying service. Shanker Raju v. Union of India , Suresh Kumar Kait, J. W.P. (C) No. 3223 of 2018 23-01-2019

The Supreme Court of India in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Vs. State of Gujarat (2017) 9 SCC 641 has reiterated the parameters for exercising inherent jurisdiction under Section 482 Cr.P.C. for quashing of FIR / criminal complaint, which are as under:-

Contractors Registration Rules, 2007 (Bihar) - Order suspending registration of a firm has got civil consequence as it is likely to affect not only the business concern but all those who are attached therewith. Such decision are, therefore, required to be taken with much care and circumspection.

1. Radhamma v. H.N. Muddukrishna Hindu Succession Act, 1956 - Section 30 - Testamentary Succession - Section 30 of the Act permits the disposition by way of Will of a male Hindu in a Mitakshara coparcenary property. It is true that prior to coming into force of the Hindu Succession Act, no coparcener could dispose of whole or any portion of his undivided coparcenary interest by Will but by virtue of Section 30 of the Act read with explanation, a coparcener derives his right to dispose of his undivided share in Mitakshara joint family property by Will or any testamentary disposition i.e. by virtue of law. The significant fact which may be noticed is that while the legislature was aware of the strict rule against alienation by way of gift, it only relaxed the rule in favour of disposition by way of a Will of a male Hindu in a Mitakshara coparcenary property. Therefore, the law insofar as it applies to joint family property governed by the Mitakshara school, prior to the

The definition of “undertaking” in the Concise Oxford English Dictionary, is this: an undertaking is a formal promise to the court to do something or to abstain from doing anything.

Arbitration and Conciliation Act, 1996 - Section 11 - Arbitration and Conciliation (Amendment) Act, 2015 - Scope and extent of the power of the High Court and the Supreme Court  - Power of the Court is confined only to examine the existence of the arbitration agreement - The object of the amendment is to ensure minimum intervention of the court in arbitration proceedings.  TRL Krosaki Refractories Ltd. v. Lindsay International Private Limited , Soumen Sen, J.  A.P. No. 969 of 2017 22-01-2019

Criminal Procedure Code, 1973 – S. 482 - Penal Code, 1860 – Ss. 420, 464, 465, 467, 468, 471 r/w. 34 - Quashing of Complaint - Once the Investigating Officer submitted the Final Report on conclusion of the investigation, the High Court was not justified in interfering with the criminal proceedings in exercise of power under Section 482 of the Cr.PC and particularly when in the Final Report it was specifically concluded on the basis of the material on record that a prima facie case is made out for the offences alleged against the accused persons.

Penal Code, 1860 – Ss. 302 r/w. 34 & 201 – Murder - Causing disappearance of evidence of offence, or giving false information to screen offender - Sudden Provocation -  deceased provoked the accused by uttering the word ‘prostitute’ -  In our society, no lady would like to hear such a word from her husband - Most importantly, she would not be ready to hear such a word against her daughters.

1. Rakesh Bakshi v. State of Jammu and Kashmir Service Law - Eligibility of the candidates must be decided with reference to the qualification possessed as on the cut-off date and the qualification acquired later in point of time cannot make a candidate eligible.

Explosive Substances Act, 1908 - S. 5 - Penal Code, 1860 - Ss. 109, 120B, 302, 307, 324, 325, 326 & 379 - Maharashtra Control of Organised Crime Act, 1999 - S. 3 - Prevention of Damage to Public Property Act, 1984 - Unlawful Activities (Prevention) Act, 1967 - Discharge Application -  the stage for rebuttal can only be during trial and not at the stage of consideration of discharge application - scope of discharge application is entirely different than the scope for deciding the guilt of an accused at the end of any trial .  Kawalnayan Wazirchand Pathreja v. State of Maharashtra, Indrajit Mahanty & Sarang Vijaykumar Kotwa, JJ.  Crl.A. No. 58 of 2018 17-01-2019

Muslim Law - A marriage according to Muslim law is not a sacrament but a civil contract.

Injunction - Violation of the order of injunction is a serious matter and unless there is a clear evidence that the party has wilfully disobeyed the order of the court, the party cannot be punished for disobedience and sent to imprisonment.

1. Management of the Barara Co-Operative Marketing-cum-Processing Society Limited v. Workman Pratap Singh, AIR 2019 SC 228 Industrial Disputes Act, 1947 - S. 25-H  - In order to attract the provisions of Section 25(H) of the ID Act, it must be proved by the workman that firstly, he was the "retrenched employee" and secondly, his ex-employer has decided to fill up the vacancies in their set up and, therefore, he is entitled to claim preference over those persons, who have applied against such vacancies for a job while seeking re-employment in the services.

Penal Code, 1860 - Ss. 148, 302 / 149 - the participation of accused cannot be doubted merely on the ground that being a lady, she would not have joined other accused persons in the murder of the deceased.  Raja Ram v, State of U.P.,   [Allahabad High Court, Pritinker Diwaker & Raj Beer Singh, JJ.] Crl.A. No. 5307 of 2008 11-01-2019

The Code of Civil Procedure, 1908 - Section 144 - Application for Restitution. Section 144 applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose. In that situation, the Court which has passed the decree may cause restitution to be made, on an application of any party entitled, so as to place the parties in the position which they would have occupied but for the decree or order or such part thereof as has been varied, reversed, set aside or modified. The court is empowered to pass orders which are consequential in nature to the decree or order being varied or reversed.

1. Reliance Infrastructure Limited v. State of Maharashtra Electricity Act, 2003 - Section 61 - Tariff Regulations - Maharashtra Electricity Regulatory Commission (MERC) - National Tariff Policy 2006 - MERC (Terms and Conditions of Tariff) Regulations 2005 - MERC (Multi Year Tariff) Regulations, 2011 -  Validity of a tariff regulation framed by the Maharashtra Electricity Regulatory Commission (MERC).

Arbitration and Conciliation Act, 1996 - Section 34 (1) - National Highways Act, 1956 - Section 3G(5) & 3J - What is the remedy of the appellant to redress his grievance regarding inadequate compensation granted for the land acquired - The court cannot correct errors of the arbitrators - It can only quash the award leaving the parties free to begin the arbitration again if it is desired. [Paras 15 – 18]

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Negotiable Instruments Act, 1881 - Section 138 - Complainant failed to establish the source of funds which he is alleged to have utilized for the disbursal of the loan - Non-disclosure of the facts pertaining to the earlier two cheques, and the steps, if any, taken for recovery was again a material consideration which indicated that there was a doubt in regard to the transaction - the presumption under Section 139 of the Act stood rebutted and that the defence stood probabalised.

Public Service Commission - Failure to upload NET qualification along with their applications was not attributable to the candidates. In such circumstances, it would be unjust and arbitrary to reject the applications submitted by those candidates, for the only reason that their NET qualification was not uploaded.

Penal Code, 1860 - Section 302 -  Murder of fratricide and nepolicide i.e. killing of his brother and nephew -  Conviction can be based on the testimony of the single witness where it was straight forward.

1. Rajesh v. State of Haryana Penal Code, 1860 - Section 306 - The incident of slapping by the accused cannot be the sole ground to hold him responsible for instigating the deceased to commit suicide.

Penal Code, 1860 – S. 306 - Incident of slapping by the accused cannot be the sole ground to hold him responsible for instigating the deceased to commit suicide.

Penal Code , 1860 – Ss. 302, 363, 366 & 376(2)(i) -  Criminal P.C. 1973 - S. 354(3) - Special Reasons to impose Death Penalty.

Family Law - Marriage between the parties as per Christian religious rites and ceremonies -  ₹ 1 lakh was paid at the time of betrothal - Return of Gold Ornaments and Money - Family Court rejected the claim for return of gold ornaments, but granted a decree for return of ₹1 lakh with interest at the rate of 7% per annum from the date of petition till realisation - It is a practice among the members of the community that money and gold ornaments are given to a bride as parental share. It of course depends upon the socio-economic condition of each and every person - Appeal Dismissed. 

Divorce - Mediation - Settlement – Husband paid Rs. 1.5 crores to Wife and Rs. 1.5 crores for the welfare of the child - Another sum of Rs. 1.5 crores, for the purchase of a flat also paid to Wife - Criminal proceedings pending against the ­husband quashed – Divorce Granted.

1. State of Manipur v. Takhelmayum Khelendro Meitei Employment Law - there is no indefeasible right for appointment merely because a candidate is found fit on the basis of a selection. Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, the State does not have any license to act in an arbitrary manner and that the decision not to fill up the vacancies has to be taken bona fide for appropriate reasons.

Negotiable Instruments Act, 1881 - Sections 138 and 139 - Even though the complainant adduced sufficient evidence on the point of formation of firm, running business and on the point of dissolution of firm, he falls short in proving the case of settlement of accounts and arrival of share amount. Unless that is done, liability cannot be fastened on the accused.

Banking Law -  the terms and conditions of the guarantee agreement are to be relied upon and the Bank cannot travel beyond the terms and conditions of the guarantee agreement.

The Supreme Court of India on Thursday, January 17, 2019 in Indian Hotel And Restaurant Association (Ahar) v. State of Maharashtra set aside certain provisions of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 imposing restrictions on licensing and functioning.

National Highways Act, 1956 - Arbitration and Conciliation Act, 1996 - Section 34 –  Application for setting aside arbitral award - Claim for Enhancement of Compensation -  When the award of an arbitrator appointed under the National Highways Act is challenged in an application filed under Section 34(1) of the Arbitration Act, the power of the court to interfere with such award is very limited.

The Negotiable Instruments Act, 1881 - Section 138 - The issuance of cheque gives rise to a presumption of the amount being due and consequently an acknowledgment rendering the plea of debt being time barred inconsequential. It will be for the petitioner to show at the trial that the amount was not due or that the cheque had not been issued to the complainant.

The Kerala High Court on Tuesday, 15 January 2019 in S. Dinesh Babu v. C. Venugopalan   has held that "in the name of equity, the arbitrator shall not disregard the law and take decisions on notions of fairness and good conscience, unless expressly authorised by the parties to do so."

Evidence Act, 1872 - S. 126 - Professional Communications - Whether the order of the court below summoning the lawyer of the petitioner could be said to be illegal and the request to summon the lawyer of the opposite party if allowed would offend Section 126 of the Act.

Arbitration and Conciliation Act, 1996 - Section 28(2) - What is meant by the expressions “ex aequo et bono” and “ amiable compositeur ”.

Mediation Agreement - the terms of compromise agreement shall be understood in the broad background in which it was brought into existence by the parties.

The Negotiable Instruments Act, 1881 - Sections 138 and 145 – Evidence on Affidavit – the personal appearance of the complainant is not necessary for taking cognizance of the offence.

Evidence Act, 1872 - Section 65B (4) -  Family Courts Act, 1984 -  Section 14 - W hether the CD produced before the Family Court could be admitted in evidence in the absence of certification - Held, the CD produced before the Family Court is admissible in evidence, despite the fact that it was not certified.

Identification of Prisoners Act, 1920 - In the current facts and circumstances, the absence of a magisterial order casts doubts on the credibility of the fingerprint evidence, especially with respect to the packing and sealing of the tumblers on which the fingerprints were allegedly found, given that the attesting witnesses were not independent witnesses, being the family members of the deceased. Thus, we cannot rule out the possibility of tampering and postfacto addition of fingerprints, and concur with the High Court in discarding the fingerprint evidence.

The definition of information u/s Section 2(f) of the Right To Information Act, 2005 which is reproduced below:

Abkari Act (Kerala) - Ss. 8(2) & 63 - Possession of 4.5 litres of arrack in a plastic can and 3.750 litres of Indian Made Foreign Liquor - the interest of justice would be met if the imprisonment is reduced to the period, already undergone by the accused.  Lalichan v. State of Kerala , Crl.A. No. 22 of 2019 07-01-2019

Passports Act, 1967 -  Section 6(2)(e) - a passport can be denied to a citizen if he is convicted of an offence at any time during the period of five years preceding the date of application for a passport.

1. Wazir v. State of Haryana Land Acquisition Act, 1894 - Sections 4, 23 and 18 - Reference - Normally the additional component of compensation in terms of Section 23(1)(thirdly) of the Act is granted when, a landholder suffers damage as a result of acquisition to the extent that the holding that he is left with stands comparatively diminished in terms of quality and value. For instance, if a railway track is to be built through an agricultural land held by a person, leaving two different halves with him, it would be impossible for him to carry on agricultural operations at an optimum level. This would lead to reduction in the value of the halves that he is left with. On the other hand, in a case where part of the holding is acquired for which appropriate commercial value is awarded, the rest of the value of the land will not stand diminished in terms of commercial potential. On the other hand, the potential of the remainder of the land would also increase drastically as the develo

Government Premises (Eviction) Act, 1955 (Bombay) - S. 7 - Unauthorized Occupation of the Premises - the act of the Corporation in accepting charges from the petitioner would not result in automatic renewal of licence in favour of the petitioner. The charges were accepted by the ­Corporation towards unauthorized occupation of the premises in question by the petitioner. The licence could be said to have been renewed only, if an agreement had been executed in favour of the petitioner by the ­Corporation on terms that were agreeable to both the parties. The facts of the present case show that no such event occurred and there was no document on record to show that the licence of the petitioner was ever renewed. The findings rendered by the Court below regarding the possession of the petitioner being unauthorized are correct and therefore, it is found that there is no substance in the present Writ Petition.  Shri Shyam Ramapati Pandey v. Maharashtra State Road Transport Corporation, Thr

Succession Act, 1925 - S.301 - Will -  Removal of executor or administrator and provision for successor - W hether the application under Section 301 of the Succession Act can be made only by a beneficiary or legatee, who accepts the Will and, as to whether it cannot be made by a person who seeks to dislodge the Will or contest the application for probate or Letters of Administration with Will annexed '.

Arbitration and Conciliation Act, 1996 -  Sections 11(2) & 15 - P rocedure adopted for the appointment of a substitute arbitrator - Appointment of Substitute Arbitrator is in order as per the Consultancy Agreement and the Act.

Kerala Police Act, 2011 - Section 130 (2) -  Police Complaints Authority -  Since the rule making power is with the Government, the Government is perfectly competent to issue executive orders fixing the conditions of service including the tenure of the Chairperson and Members of the Authority.

Banking Law - Electronic Banking - If a customer suffers loss on account of the transactions not authorised by him, the bank is liable to the customer for the said loss.

1. Tulsi Ram @ Suresh v. State [Rajasthan High Court] Evidence Law - Last Seen Theory - Circumstantial Evidence - Principles to be followed - Criminal P.C. 1973 - S. 374 (2) - Penal Code, 1860 - S. 302 - In a case where the other links have been satisfactorily made out and the circumstances point to the guilt of the accused, the circumstance of last seen together and absence of explanation would provide an additional link which completes the chain. In the absence of proof of other circumstances, the only circumstance of last seen together and absence of satisfactory explanation cannot be made the basis of conviction.

1. Sukh Bilash Thakur v. Bihar State Electricity Board Service Law - Pension - Order of reversion issued nearly twenty ­five years later to be highly unjust, inequitable and arbitrary suffering from the vice of unreasonableness.

1. Alok Kumar Verma v. Union of India Central Vigilance Commission Act, 2003 - Delhi Special Police Establishment Act, 1946 - Prevention of Corruption Act, 1988 - Court set aside the following orders dated 23rd October, 2018: (i) of the CVC divesting the powers, functions, duties, supervisory role, etc. of Shri Alok Kumar Verma as Director, CBI (ii) of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training divesting Shri Alok Kumar Verma, Director, CBI of his functions, powers, duties and supervisory role with immediate effect and until further orders. (iii) of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training by which one Shri M. Nageshwar Rao, IPS, Joint Director, CBI has been asked to look after the duties and functions of Director, CBI with immediate effect.

The Negotiable Instruments Act, 1881 - Section 138 - Whether the prosecution based upon second or successive dishonour of the cheque is permissible or not - Held, cheques were presented twice and notices were issued - Complaint filed based on the second statutory notice is not barred.

1. Jagdish Chand v. State of Haryana Indian Penal Code, 1860 - Sections 304­B and 498­A - Admittedly, death in the instant case took place within seven years of the marriage which was solemnised on 19.4.1988 and the incident of death had occurred on 7.12.1994. Though the defence had tried to prove otherwise, namely, that death had occurred beyond seven years of marriage, no concrete evidence in this regard has been forthcoming. Demands for dowry by the accused ­appellants as well as the husband and ill­treatment/cruelty on failure to meet the said demands is evident from the evidence of PW­6. From the evidence of PW­1, it is clear that the death was on account of burn injuries suffered by the deceased which injuries were caused by use of kerosene. In the light of the aforesaid evidence, this Court has no hesitation in holding that all the three ingredients necessary to draw the presumption of commission of the offence under Section 304­ B IPC have been proved and established by the

The Code of Civil Procedure, 1908 - Section 21 - Territorial Jurisdiction - An objection to the validity of the decree for want of territorial jurisdiction would not lie before the executing court.

Civil P.C. 1908 – S. 64 -  Mere execution of a loan application during continuance of the attachment would neither amount to a transfer nor a delivery of interest in the property.

Arbitration and Conciliation Act, 1996 - Ss. 15, 16 - Termination of mandate and substitution of arbitrator - Arbitrator’s relationship with the parties or counsel - The 1996 Act does not disqualify a former employee from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality. The fact that the arbitrator was in the employment of the State of Haryana over 10 years ago, would make the allegation of bias clearly untenable. Government of Haryana PWD Haryana (B and R) Branch v. M/s G. F. Toll Road Pvt. Ltd. , C.A. No. 27 of 2019 03-01-2019

Constitution of India - Art. 243R - Municipal Corporation Act, 1980 (Kolkata)  - S. 6 - permitted the elected Councillors of the Corporation to appoint any individual as the Mayor subject to such individual getting elected within a period of six months from the date of his initial appointment - Whether Valid ?

The Indian Penal Code, 1860 - Sections 477A, 471, 468, 420 and 120B - The Prevention of Corruption Act, 1947 - Ss. 5(1)(c)(d) r/w. 5(2).

Kerala Co-operative Societies Act,  1969 -  the copy of the resolution that has to be enclosed along with the nomination of the petitioner as a delegate of the member Society, with the signature of the petitioner, attested in the manner prescribed in the election notification, is an essential part of the nomination. The omission to submit a copy of the resolution in the prescribed manner is a substantial defect, which goes to the root of the matter. The said defect cannot be cured at the time of scrutiny of nominations and as such, the rejection of the petitioner's nomination based on the order of the Returning Officer is perfectly legal, which warrants no interference under Article 226 of the Constitution of India.

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 307, 294 r/w. 34 - High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute -  Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a non-­compoundable offence.

1. Ku. Bhawana v. State of Maharashtra Service Law - Seniority - Assistant Teacher in Secondary School - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - Rules 2 (j), 2 (k), 6, 12(3) - “trained graduate” - “trained teacher” - Qualification of the Teachers - Seniority List - Guidelines for fixation of seniority of teachers in the primary schools - Guidelines for fixation of seniority of teachers in the secondary schools Junior Colleges of Education and Junior College classes attached to secondary schools and Senior Colleges.

Contempt of Court - there is no direction - the contempt jurisdiction cannot be invoked on the basis of impressions, when the order of the Court does not contain any direction - the contempt would be made out when there is wilful disobedience to the orders of the Court.

The Indian Penal Code, 1860 - Sections 415 and 420 - The mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence.

Evidence Act, 1872 - S. 65B - Whether the document can be relied in evidence, which is prepared in electronic machine, without required certificate as per the provisions of the Information and Technology Act, 2000 - Whether the documents which are, electronic record, is required to be proved as per the provisions of Section 65B of the Indian Evidence Act? Discussed.

1. State of Jharkhand Department of Energy through Its Law Officer v. Surendra Kumar Srivastava Electricity Act, 2003 - Section 67 - Board is statutorily empowered to undertake all actions necessary for transmission or supply of electricity, subject to the procedure under the Act.

1. Management of the Barara Cooperative Marketing Cum Processing Society Ltd. v. Workman Pratap Singh Industrial Disputes Act, 1947 - Section 25 (H) – Industrial Disputes (Central) Rules, 1957 - Rule 78 - Re-employment on the Post.

Industrial Disputes Act, 1947 - Section 25 (H) –  Industrial Disputes (Central) Rules, 1957 - Rule 78 -  Re-employment on the Post - Distinction between the expression ‘employment’ and ‘regularization of the service” -  The expression ‘employment’ signifies a fresh employment to fill the vacancies whereas the expression ‘regularization of the service’ signifies that the employee, who is already in service, his services are regularized as per service regulations.

Advocate  - Whether foreign law firms / lawyers are permitted to practice in India.  Bar Council of India v. A.K. Balaji, 2018 (3) ABR 782 : AIR 2018 SC 1382 : 2018 AIR (SCW) 1382 : 2018 (3) ALD 135 : 2018 (1) GLH 785 : 2018 (2) JLJR 206 : JT 2018 (3) SC 411 : 2018 (2) KLJ 453 : 2018 (3) MLJ 470 : 2018 (2) PLJR 378 : 2018 (2) RCR (Civil) 427 : 2018 (4) Scale 475 : (2018) 5 SCC 379 : 2018 (2) SCC (Cri) 734 : 2018 (2) SCC (L&S) 39 : 2018 (2) SLT 457 : 2018 (2) Supreme 586   C.A. No. 7875 of 2015 13-03-2018