Sunday, 20 January 2019

Pay parity--Senior cannot be paid lesser salary than his juniors--Writ--When writ petition is jointly filed, the prayer therein should not be confined to one petitioner alone only.

Transfer of Suit--Suit for damages filed at Chennai by husband--Suit transferred to Kolkata where wife residing with 2 years old child.

Arbitrator--Appointment of--An application/petition without approaching the authority nominated and agreed upon by the parties is not maintainable--In instant case ICC was nominated but was not approached.

Re-summoning--There must be substantive evidence against a person in order to summon him for trial u/s 319 of Cr.P.C., although he is not named in charge-sheet or he has been discharged from the case, which would warrant his prosecution thereafter with a good chance of his conviction.

Relation witness--If witness is related to the deceased, his evidence has to be accepted if found to be reliable and believed because he would inter alia be interested in ensuring that real culprits are punished.