Thursday, 27 December 2018
Criminal Law--Detention--Writ petition before High Court to quash the order of detention--Orders were restrained to be enforced--Became infructuous by lapse of time--Writ was allowed with the observation that the respondents will be at liberty to pass any fresh order if so required to take appropriate action thereafter in accordance with law--Order of High Court set aside--The proper order required to be passed was to call upon the respondent first to surrender pursuant to detention order
Criminal Law--Five persons convicted and sentenced by Session Court--Four accused preferred Criminal appeals--High Court allowed the appeal of one but in respect of others confirmed the order of conviction and sentence--Appeal before Supreme Court--Contention that when the High Court acquitted one of the accused not believing the prosecution story and granted benefit of doubt to him, such benefit ought to have been to the appellant also when a part of the prosecution story was not believable and was not behaved by the High Court, on the same set of facts and circumstances, it ought not to have convicted the appellant--Contention repelled
Wednesday, 26 December 2018
Backwages--Backwages are ordinarily to be granted, keeping in view the principles of grant of damages in mind--It cannot be claimed as a matter of right. Transfer of Employee--Ordinarily an employee who has been transferred should, subject to just exceptions, join at his transferred place--Ordinarily in an industrial undertaking indiscipline should not be encouraged.
Dowry death--No evidence on record to show that the cruelty or harassment was meted out to her for brining insufficient dowry--Ingredient of section 304-B cannot be said to have been proved. Dowry--Meaning of--Giving or agreeing to give any property or valuable security in connection with marriage of the parties--Customary payment in connection with birth of a child and other ceremonies are not covered.
Amendment of decree--Court may not have suo moto power to award a decree but same would not mean that court cannot rectify a mistake--If a property was subject matter of pleadings and court did not frame an issue which it ought to have done, it can, at later stage when pointed out may amend the decree -- Decree--When the parties have brought on records by way of pleadings and/or other material that apart from property mentioned by plaintiff in his plaint, there are other properties which could be a subject matter of partition, the court would be entitled to pass a decree even in relation thereto.
Evidence Law--Extra Judicial confession--Circumstantial evidence--An extra judicial confession is, on the face of it, a weak piece of evidence and the Courts are reluctant in the absence of a chain of cogent circumstances to rely on this evidence for the purpose of recording a conviction--Evidence Act, 1872, Section 3 and 24.
Cooperative Law--Revision--Recovery of dues--Recovery certificates issued against appellant for recovery of dues to cooperative bank--Petitioner filed application before Divisional Joint Registrar, who ordered to maintain status quo and set aside recovery certificate--High Court set aside impugned order--Appeal against--Order upheld by Supreme Court
Tuesday, 25 December 2018
Land and Property Law--Acquisition of land--Lapsing of Reservation--Land reserved under development plan--Land not acquired within 10 years of final plan and no steps under Land Acquisition Act were commenced--After 10 years, land owner served notice under Section 127 of Act of 1966 to authorities to acquire land, within six months or take steps to acquire it--No action from authorities--Reservation lapsed and land has to be released in favour of the appellan
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