SOME HIGHLIGHTS OF JULY'11 UPDATE
Arbitration — Limitation prescribed u/s 34(3) would commence from the date a signed copy of the award is delivered to the party making the application for setting it aside. (See 2011 (7) LJSOFT (SC))
Arbitration — Territorial jurisdiction — Provisions of Section 42 cannot be interpreted to frustrate the whole object and purpose of the Act — Any application, if filed in the Court having no jurisdiction, such application, cannot be considered to be an application filed within the frame work of law and the scheme and purpose of Section 42. (See 2011 (7) LJSOFT 169)
Arbitration — Unregistered partnership firm — Proceeding to enforce an arbitration clause to seek dissolution, accounts or to realise the property of a dissolved firm is maintainable. (See 2011 (7) LJSOFT 150)
Criminal trial — Theft of electricity — Witnesses from the department are interested witnesses to see the result of the case on complaint filed by their department — Conviction cannot be sustained merely relying on said witnesses. (See 2011 (7) LJSOFT (AUR) 96)
Criminal trial — Two dying declarations are contradictory to each other — Would be wholly impermissible for the Court to pick and choose any one dying declaration to suit the prosecution case. (See 2011 (7) LJSOFT (AUR) 156)
Dishonour of cheque — Appeal against acquittal — Appellate Court has power to review, re-appreciate and reconsider the evidence — Interference with the wrong acquittal order is always necessary to prevent miscarriage of justice. (See 2011 (7) LJSOFT (NAG) 7)
Dishonour of cheque — Authority to file complaint — Certified copy of the minutes of the meetings of the board of directors cannot be admitted in evidence directly unless the original is proved or the copy is admitted by opposite party. (See 2011 (7) LJSOFT 72)
Divorce by mutual consent — Wife acted upon the Consent Terms and performed her obligations — Husband cannot be permitted to withdraw his consent. (See 2011 (7) LJSOFT 10)
Education — Starting of B.Ed. college — Recognition granted by NCTE — Neither the State Government nor the University can refuse affiliation . (See 2011 (7) LJSOFT 57)
Furlough leave — Convict confined in open prison can be released on parole by the authorities by dispensing with requirement of execution of bond by the relatives. (See 2011 (7) LJSOFT (AUR) (FB) 14)
Hire-Purchase agreement — Practice of Bank of hiring recovery agents, who are musclesmen, is deprecated and needs to be discouraged — Bank should resort to procedure recognised by law to take possession of vehicles instead of taking resort to strong-arm tactics. (See 2011 (7) LJSOFT (NAG) 5)
Juvenile offender — Determination of age — School records — Merely because the entries are based on oral information that by itself and without anything more is not sufficient to term the entries as not genuine. (See 2011 (7) LJSOFT (GOA) 50)
Maintenance — Wife cannot be said to have been deserted, abandoned or neglected by the husband as she is living in the same house where her husband, sons and daughter-in-law are living — Not a fit case for considering grant of maintenance. (See 2011 (7) LJSOFT (NAG) 19)
Maintenance — Wife having flouted decree for restitution of conjugal rights for no justifiable reason is not entitled to claim maintenance. (See 2011 (7) LJSOFT (NAG) 4)
Municipal Councillor — Disqualification of — Merger of one Municipal party with other without there being merger of original political parties — Concept of merger of Municipal parties not known to the provisions of the Act. (See 2011 (7) LJSOFT (AUR) 22)
NDPS Act — Second offence — Subsequent conviction — Mandatory death sentence — Section 31-A is violative of Article 21 of the Constitution — However said provision can be treated as discretionary provision by reading down the expression “shall be punishable with death” as “may be punishable with death” in relation to the offences covered u/s 31-A of NDPS Act. (See 2011 (7) LJSOFT 1)
Quashing of FIR _ Gambling going on in open lawn situated at private premises _ Such premises cannot come within the mischief of penal section 12(a). (See 2011 (7) LJSOFT (NAG) 2)
Recovery of loan — Surrender of banking licence — Jurisdiction of Debts Recovery Tribunal (DRT) — Respondent cannot be denied relief because of the subsequent event since at the date of the institution of the suit it had a substantive right to claim the relief. (See 2011 (7) LJSOFT 63)
Re-construction of records — Authority of advocates — If advocates were not entitled to represent the Plaintiffs at the relevant time then the order of reconstruction of record could not have been passed at their behest. (See 2011 (7) LJSOFT 36)
Sales tax — Dissolution of firm — Transfer of motor car by the firm to its partners does not constitute “sale” u/s 2(28) of BST Act and is not liable to tax. (See 2011 (7) LJSOFT 166)
Sales tax — Electronic washing machines are the electronic goods and are covered by scope of Entry C-II-97(b) and not that by C-II-73(b). (See 2011 (7) LJSOFT 167)
Seizure of ultrasound machine/ equipment — Power to seize and seal any other material object would include ultrasound machines and other machinery and equipment. (See 2011 (7) LJSOFT (FB) 6)
Service law — Schools recognized by Central Board of Secondary Education, Delhi — M.E.P.S. Act would not be applicable. (See 2011 (7) LJSOFT (NAG) 162)
Termination of services — Closure of school — School Tribunal would have no concern with closure and it would only have to examine the limited grievance brought before it u/s 9 of MEPS Act. (See 2011 (7) LJSOFT (AUR) 138)
Territorial jurisdiction — Matrimonial proceedings — Expression “reside” implies something more than a casual stay and implies some concrete intention to remain at a particular place but not merely to pay a casual or flying visit. (See 2011 (7) LJSOFT (NAG) 3)
