Sunday, 6 January 2019

Hindu Marriage Act, 1955, S.15--Nullity of Marriage-Second Marriage-- During pendency of appeal against divorce decree of first marriage-The restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal

Service Law--Wages--Any isolated one time ex-gratia payment made by way of an interim relief cannot be regarded as wages or its component—If such amount had been paid regularly by the employer to the employee in compliance with his terms of employment, it would have been regarded as wages or its component—Industrial Disputes Act, 1947,

Gift Deed—Cancellation of—When a gift is incomplete and title remains with the donor then deed of gift can be cancelled. Gift Deed—A conditional gift becomes complete only on compliance of the conditions in the deed

Land Acquisition—Development Charges—Acquired land is situated in the midst of well-developed area of the city—Deduction of 30% as development charges is not justified-Deduction of 10% held to be justified.

Hindu Marriage Act, 1955, S.13-B—Divorce—By Mutual Consent-­Once both the parties have consciously obtained a decree of divorce by mutually agreed terms and moved ahead in life, later they cannot be allowed to claim that divorce decree is null and void and not binding on them.

Will—To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature of testator. Expert Evidence—If the scientific investigation of the document in question facilitates the ascertaining of truth, it can be done even after closure of the evidence from both sides.

Saturday, 5 January 2019

Unified Cadre--Shetty commission recommendation to bring about uniformity in hierarchy, designation and jurisdiction of officers both on civil and criminal sides--There was no specific direction to integrate into a single unified cadre. 

Common Intention --Unless a common intention is established as a matter of necessary inference from the proven circumstances, the accused person will be liable for their individual acts and not for the act done by any other person.Appeal against conviction--Appellant acquitted by trial Court--High Court convicted the appellant--Held, if two reasonable views are possible on the basis of the evidence on record and one favourable to the accused has been taken by the trial court, it ought not to be disturbed by appellate Court--

Criminal Law --Murder--Circumstantial evidence--Last seen theory--Deceased last seen with accused--Held, The last-seen theory, furthermore, comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible

Arbitrator--Appointment of --High Court dismissed the petition for appointment of arbitrator on the ground that arbitration agreement does not lay down procedure for appointment of arbitrator--Answer lies in section 11(5) of the Act--Supreme Court appointed a former Judge as arbitrator.