SOME HIGHLIGHTS OF SEPTEMBER'14 UPDATE
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Admiralty jurisdiction _ Provisions of CPC is applicable to all suits whether filed in the original jurisdiction or in admiralty jurisdiction _ All suits are liable to be rejected if they do not disclose cause of action and it is immaterial if the suit is a civil suit or an admiralty suit.. (See 2014 (9) LJSOFT 58)
Anticipatory bail _ Police atrocities _ Applicants are police personnel allegedly pressurised deceased at the time of interrogating to extort confession for committing theft _ Though applicants have crossed their limits at the time of interrogating but admittedly did not intend that the boy should commit suicide _ They neither instigated nor conspired that the boy should commit suicide _ They prima facie did not facilitate him to commit suicide _ To attract section 306, in the eyes of law, threats and assault by the police are not sufficient _ Applicants granted pre-arrest bail.. (See 2014 (9) LJSOFT 17)
Bail _ Grant of _ Police encounter _ Parity _ Sohrabuddin encounter case _ Accused No.3 played a much larger role in the alleged offences _ When accused No.3 has been released on bail, it would be unjust and improper to refuse to release the applicants on bail. (See 2014 (9) LJSOFT 40)
Dishonour of cheques payable at par at all branches of the respective banks _ Drawer of cheques had given an option to the banker of payee to get the cheques cleared from the nearest available branch of bank of the drawer _ Cheques have been dishonoured by the branches of the said two banks situated within the jurisdiction of Metropolitan Magistrate, Kurla _ Metropolitan Magistrate at Kurla has jurisdiction to entertain and decide the complaint. . (See 2014 (9) LJSOFT 1)
Divorce _ Cruelty _ After three years parties have signed the consent terms to dissolve the marriage by mutual consent _ Unilateral withdrawal of consent terms by husband reflects his casual and callous approach towards his wife and towards the marriage _ Conduct of husband amounts to mental cruelty _ Family Court rightly granted divorce on the ground of cruelty. (See 2014 (9) LJSOFT 51)
Divorce _ Petition filed on 12-7-2004 _ Ground of desertion added by way of amendment which was allowed on 6-5-2006 _ Said amendment would not relate back to the date of filing of the original proceedings inasmuch as there being a statutory requirement of desertion prior to two years of presentation of the proceedings _ Period of desertion will have to be reckoned for a period of two years preceding 6-5-2006 when amendment was allowed. (See 2014 (9) LJSOFT 6)
Divorce _ Unfounded allegations that the appellant was suffering from schizophrenia amounts to causing mental cruelty. (See 2014 (9) LJSOFT 6)
Eviction proceedings _ Legal heirs _ Original tenant died issueless _ No family member to inherit _ Mere fact that a relative chose to reside with the tenant for the sake of convenience will not make him the “tenant”. (See 2014 (9) LJSOFT (NAG) 134)
Eviction proceedings _ Trespasser _ Absence of any valid document to support the bald plea of oral tenancy _ Merely payment of electricity bills by the occupant cannot create status of tenancy or licensee protected under the Rent Act. (See 2014 (9) LJSOFT (NAG) 133)
Family Court staff _ Justice Shetty Commission _ Extension of benefits _ No justifiable reason to differentiate between the employees working with the Family Courts and those working with the District Courts _ Merely because under the 1984 Act the Family Court is not a Court subordinate to the District Court, the same would not be a justifiable reason to deny them benefits of recommendations. (See 2014 (9) LJSOFT 8)
Illegal detention _ Chapter cases _ There is no provision to arrest a person on initiation of chapter proceedings _ Even, in case of legal arrest, procedures contemplated under Cr.P.C., Constitutional safe-guards under the Constitution of India and also the Guidelines issued by the Supreme Court are required to be followed _ Respondent No.1 directed to pay compensation of Rs.10,000/- each to the petitioners. (See 2014 (9) LJSOFT (AUR) 18)
Joint family property _ Coparcenary property _ Rights of daughters _ Amended Section 6 applies to daughters born on or after 9-9-2005 provided they are alive on 9-9-2005 _ If a daughter of a coparcener had died before 9-9-2005, since she would not have acquired any rights in the coparcenary property, her heirs would have no right in the coparcenary property. (See 2014 (9) LJSOFT (FB) 7)
Matrimonial proceedings _ Advocate representing petitioner in her earlier divorce proceedings and later represents her second husband against her Cannot be said that the advocate is appearing in “same proceedings”. (See 2014 (9) LJSOFT 15)
Public Trust _ Power to convene meeting of the managing committee was with the Director and not with the Vice President _ Director also had the power to cancel the meeting illegally convened by the Vice President _ Action of the Director to cancel the meeting cannot be said to be invalid or illegal. (See 2014 (9) LJSOFT (NAG) 122)
Redevelopment scheme _ Mixed user _ Joint residential and non-residential use _ Paragraph 12 of Government decision dated 16.8.2010 establishes the entitlement firstly to a minimum 300 sq. ft. on account of the residential user _ Additional area in respect of the commercial user limited to 50 sq. ft. would not be included in the over all-limit of 300 sq. ft. (See 2014 (9) LJSOFT 30)
Recovery of dues _ Auction sale _ Workmen shall have right to claim distribution of secured assets as per Section 529A of Companies Act only if the company is being wound up or is under liquidation _ Petitioners have taken recourse to Section 13(2) and 13(4) of the Securitisation Act for realisation of its dues by sale of secured movable assets _ Workmen not entitled to recover the unpaid wages out of the sale proceeds. (See 2014 (9) LJSOFT (AUR) 121)
Rules of pleadings _ Mode of service of a notice is a matter of evidence _ Only material facts are to be pleaded and not the evidence by means of which they are to be proved. (See 2014 (9) LJSOFT (NAG) 148)
Service law _ Loan taken by Government employee from Employees Credit Co-operative Society _ Recovery of outstanding dues from his salary or wages _ Specific agreement in that regard necessary _ In absence of any such agreement recovery of outstanding dues from salary or retirement gratuity not permissible. (See 2014 (9) LJSOFT (NAG) 139)
Sexual harassment at work place _ Inquiry proceedings _ Empowerment of the commission u/s 10(4) is for the purposes listed in section 10(1) _ Provisions of section 10(4) does not invest the commission with powers of a civil court with the intention enabling the commission to arrive at the findings of fact which will bind the parties irretrievably. (See 2014 (9) LJSOFT 9)
Specific performance of contract _ Grant of decree does not mean that the sale-deed will necessarily be executed _ Plaintiff would always carry the risk of frustration if the competent authority does not grant permission. (See 2014 (9) LJSOFT (NAG) 62)
Tenancy contract _ Destruction of tenanted premises by natural calamities _ Land and superstructure standing on it as a singular component for the purpose of tenancy _ Demise and the destruction of the building alone does not determine the tenancy when the land which was the site of the building continues to exist. (See 2014 (9) LJSOFT (SC) 37)
Video Parlour _ Display of obscene video _ CD was not played before the Court to ascertain the contents of the same _ Even the first appellate Court ignored this aspect as to non-establishment of contents of the said CD _ Order of conviction and sentence set aside. (See 2014 (9) LJSOFT (GOA) 36)
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