Round Ups
High Courts Weekly Round-Up
Allahabad High Court Recapitulated that the Employees Compensation Act, 1923 (the Act) is a social security legislation providing speedy and efficient machinery for determination and payment of compensation to the employees.Reiterated that the court does not have the jurisdiction to go into issues relating to appreciation of evidence under an application filed under Section 482...
Supreme Court Weekly Round-Up
Article 137 Limitation Act Applies To Proceedings For Cancellation Of Probate/Letter Of Administration [Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe] The Supreme Court observed that Article 137 of the Limitation Act, which provides for 3 year limitation period, applies to the proceedings under Indian Succession Act for moving an application for cancellation of probate...
Supreme Court Monthly Digest- August 2019
Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed Samsul Haque vs. State of Assam The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph said that...
High Courts Weekly Round-Up
Allahabad High Court Held that failure to give enquiry report to an employee, undergoing disciplinary proceedings, amounts to denial of reasonable opportunity to employee to prove his innocence and contravenes the principle "audialterempartem", as imbibed under the principles of natural justice. Bombay High Court In what has come as a huge relief to Project Affected...
Supreme Court Weekly Round-Up
Succession To Mutawalliship By Descendant Through Female Line Not Barred[Md. Abrar vs. Meghalaya Board of Wakf] The Supreme Court held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship. The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi reiterated that in order to establish a claim of...
High Courts Weekly Round-Up
Allahabad High Court Reiterated that a housing society is not an industry within the Industrial Disputes Act, 1947 and its employees are not workmen.Recalling an order passed in a criminal case, the High Court observed that bar contained in section 362 of the Criminal Procedure Code applies for review, and not recall.In a petition filed by NCC Ltd., the High Court stayed opening...
Supreme Court Weekly Round Up
Non Recovery Of Weapon Of Assault Not Always Fatal To Prosecution Case [Prabhash Kumar Singh vs. State of Bihar] The Supreme Court held that a prosecution case cannot be disbelieved merely because the weapon of assault or the bullet was not recovered. The main contention in the appeal before the Supreme Court against concurrent conviction of the accused in a murder case was that...
High Courts Weekly Round-Up
Allahabad High Court A full bench of the High Court held that in absence of a specific remedy in Employees' Service Regulations, an employer may invoke civil liability to recover the loss incurred by him due to the actions of an employee.Dismissing a petition filed under Article 227 of the Constitution on account of availability of an alternate remedy, the High Court held that the...
Supreme Court Weekly Round-Up
Relief Of Specific Performance Can Be Refused For Non-Performance Of An Essential Promise In Contract [Surinder Kaur (D) vs. Bahadur Singh (D)] The Supreme Court observed that a vendee who does not perform one of the essential promises in a contract is not entitled to the discretionary relief of specific performance of that very contract. The bench comprising Justice Deepak Gupta...
High Courts Weekly Round-Up
Allahabad High Court Held that the disciplinary authority was erroneous in assuming a situation without supporting evidence and that the principle of preponderance of probability could not be relied upon in a case of no-evidence.Held that mere pendency of a criminal case is not a valid reason for impounding a person's passport. Bombay High Court Granted relief to...
Supreme Court Weekly Round-Up
Unregistered Agreement Of Sale Can Be Used As An Evidence For Collateral Purpose [Prakash Sahu V. Saulal] The Supreme Court recently upheld a Trial Court order allowing the plaintiff to lead evidence on insufficiently stamped unregistered agreement of sale in his suit for recovery of earnest money said to be paid by him at the time executing the agreement for sale. Order VII...
High Courts Weekly Round Up
Allahabad High Court Refusing to grant relief to the Petitioner, the High Court said that when the Rules pertaining to the Uttar Pradesh Higher Judicial Services did not provide, it could not direct the authorities to re-evaluate the answer sheets. Bombay High Court Refused to interfere in proceedings filed under Section 138 of the Negotiable Instruments Act by Advocate...