Saturday, 23 February 2019
Landlord & Tenant—Eviction—Change of User—In rent agreement there was no restriction on tenant to run business only relating to the saw mill-Tenant was given liberty to carry on any other business as well—Tenant changed his business from saw mill to manufacturing of grills—Eviction petition ground of change of user dismissed
Friday, 22 February 2019
Consumer Complaint—Arbitration Clause in agreement cannot oust the jurisdiction of consumer courts even after the amendments made in 2015 in Section 8 of Arbitration Act. Arbitration—Amendment of 2015—Scope of—Judicial authority can refuse reference to arbitration only on the ground that it prima facie finds that no valid arbitration agreement exists.
Murder—Identification of Accused—Specific identification of the four accused, from a group of 200- to 300 rioters, with 100% perfection; without a mention of any distinguishing marks seems highly improbable—Accused acquitted. Murder—Test Identification Parade—No reasonable explanation provided for such an inordinate delay of 55 days in conducting the TIP— Accused acquitted Murder—Gunshot Injury—Both the Post -Mortem report and the F.S.L. report are incompatible with each other with regard to exit wound and recovery of bullet—Accused acquitted. Murder—Benefit of doubt arising out of inefficient/defective investigation must be bestowed upon the accused.
Identity of victim of sexual offences—Directions issued that no person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.
Wednesday, 20 February 2019
Arbitration—Interest on Award—In an international commercial arbitration, in the absence of an agreement between the parties on interest, the rate of interest awarded would be governed by the law of the seat of arbitration Arbitration—Interest on Award—International commercial agreement--When the parties do not operate in the same currency, a uniform rate of interest for both the currencies would not be justified
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