Sunday, 3 March 2019

Election Petition—Objection that copy of election petition served is not the "True Copy"—Actual copy served to be examined—Election petition cannot be dismissed at the threshold on this objection.

Civil Procedure Code, 1908, S.96-Appeal--Withdrawal of Appeal-­ Dismissal of appeal "as not pressed"--If the appellant is a juristic entity created under the Act, Appellant Court have to ensure strict compliance of the relevant provisions of the Act under which they have are created coupled with ensuring compliance of relevant provisions of the Code of Civil Procedure for forgoing their right to prosecute the appeal on merits

Muslim Law—Succession—Marriage of a Muslim man with a Hindu Woman is merely an irregular marriage—Child born out of such wedlock is legitimate and entitled to claim a share in his father's property.

Writ of Habeas Corpus—Police Custody—Writ of habeas corpus could not be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate.

Arbitrator—Appointment of Independent Arbitrator—Mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another arbitrator

Accident—During course of employment—Deceased a bus driver-­Accident took place when the deceased was coming down from the roof of the bus after having his meals—Death held to be arise out of and was in course of employment.

Constitution of India, 1950, Art. 19 (2)--Ban on Book HELD the creativity and the author's perception of the uni­ verse are to be borne in mind. What is true to poetry is applicable to novels or any creative writing. It has to be kept uppermost in mind that the imagination of a writer has to enjoy freedom. It cannot be asked to succumb to specifics. That will tantamount to imposition. A writer should have free play with words, like a painter has it with colours. The passion of imagination cannot be directed.