SOME HIGHLIGHTS OF APRIL, 2010 UPDATE
Bail _ Confessional statement of the co-accused cannot be the starting point of the marshalling of evidence _ It cannot be looked into as the principal evidence even at the stage of consideration of the application for bail. See 2010 (4) LJSOFT (URC) 14
Bail _ Parity _ Mere fact that application for cancellation of bail granted to the co-accused has been filed is no ground for denying parity to the applicant. See 2010 (4) LJSOFT (URC) 14
Caste certificate _ Delay in verification of _ Non-performance of the public duty timely has caused serious prejudice to the Petitioner _ Glaring case of breach of public accountability _ Costs imposed on the members of the Committee responsible for the delay. See 2010 (4) LJSOFT 65
Caste claim _ Constitution of scrutiny committee _ Appointment of Deputy Director (Research) as Member of the Scrutiny Committee was not as persona designata but it is ex-officio _ Any body who is holding the charge of the post of Deputy Director (Research) can therefore function as Member-Secretary. See 2010 (4) LJSOFT 147
Contempt proceedings _ Reporting of the court proceedings, even if defamatory, may not amount to criminal contempt of the court. See 2010 (4) LJSOFT (URC) 12
Criminal trial _ Examination of accused _ Admitted facts do not have to be proved and are not required to be put to the accused _ Cannot be said that facts brought out in the evidence of the defence itself must be put to the Accused See 2010 (4) LJSOFT 57
Criminal trial _ Language in Criminal Courts _ Government notification dated 21-7-1988 _ Except in respect of the matters mentioned in the Schedule to the order the language of the criminal court would be Marathi _ Revision application cannot be in Marathi _ Revision application written in Marathi was not in the language of the court and was liable to be rejected. See 2010 (4) LJSOFT 112
Criminal trial _ Violation of Fertilizer (Control) Order _ Offences against companies _ Non-impleading of company _ There shall not be any accusation against these respondents who are the Directors of the Company. See 2010 (4) LJSOFT 38
Dishonour of cheque _ Appointment of Official Liquidator _ Proceedings u/s 138 are not covered by the phrase "legal proceedings" or "other legal proceedings" _ There is no bar u/s 446(1) of the Companies Act in so far as proceedings u/s 138 are concerned. See 2010 (4) LJSOFT 54
Dishonour of cheque _ Blank cheque filled in without verifying what was the amount actually due as on the date of the cheque _ Complainant could not have any implied authority to fill an amount which was not due and payable to the complainant. See 2010 (4) LJSOFT 180
Dishonour of cheque _ Quantum of sentence _ Compensatory relief to the complainant which is required to be granted in a commercial transaction would be more appropriate than allowing complainant to avenge himself by imprisoning the relevant Director of the accused Company. See 2010 (4) LJSOFT 57
Dishonour of cheques _ After winding up proceedings and appointment of provisional Official Liquidator the directors of the company have no power to deal with the property or assets of the company _ Order of issuance of process qua the petitioners is quashed and set aside. See 2010 (4) LJSOFT 54
Divorce _ Non-resident Indian _ Parties married in Mumbai according to Hindu rites _ Parties are domiciled in US and not in India _ Hindu Marriage Act not applicable. See 2010 (4) LJSOFT (URC) 15
Eviction proceedings _ Leave and Licence agreement _ Recourse to arbitration under the terms of arbitration clause would be barred by virtue of exclusive jurisdiction conferred upon the court of Small Causes by section 41(1) of the Act of 1882. See 2010 (4) LJSOFT 160
Execution proceedings _ Auction sale of property _ All questions arising between the auction-purchaser and judgment debtor must be determined by the executing Court and not by a separate suit. See 2010 (4) LJSOFT 124
Mahomedan Law _ Re-marriage after talak _ Not necessary that the Halala formality must be complied with by the wife in case of every irrevocable Talak irrespective of its mode _ Only in case of a triple Talak, re-marriage with the same husband is legal and valid if Halala is observed _ In case of a talak in the Ahsan mode Halala is not mandatory. See 2010 (4) LJSOFT (URC) 6
Motor accident _ Merely because two vehicles are involved it could not be inferred that it is a case of contributory negligence _ It has to be specifically pleaded and proved on the basis of preponderance of probabilities. See 2010 (4) LJSOFT 123
Motor accident _ Remedy of appeal is not available u/s. 173(2) of M.V. Act _ Revision u/s. 115 of CPC maintainable. See 2010 (4) LJSOFT (URC) 4
Municipal Corporation _ Pre suit statutory notice as required u/s 384 not necessary before the institution of the suit against an apprehended injury. See 2010 (4) LJSOFT 70
Public place _ Abusing and uttering of obscene words _ Clause (b) shows that the abuses given in or near any public place will also constitute offence u/s 294 of IPC _ Not necessary that the abuses should be given only in any public place. See 2010 (4) LJSOFT (URC) 2
Public Trust _ Post of secretary _ There is no concept such as withdrawal of power and the person holding such post himself has to be removed. See 2010 (4) LJSOFT 164
Right of fair trial _ Accused should know allegations made against him and have a copy of the F.I.R. at the earliest stage even before his arrest _ Accused entitled to a certified copy of the F.I.R. from the officer in charge of the police station _ Applicant entitled to interim protection pending receipt of a copy of the F.I.R. See 2010 (4) LJSOFT (URC) 17
Secondary evidence _ Xerox copies prepared from xerox copies not covered under the ambit of secondary evidence as per the provisions of section 63(2) of Evidence Act. See 2010 (4) LJSOFT (URC) 9
Winding up petition _ Service of notice _ Sending of the notices at the Registered Office of the Company in terms of the official records had to be regarded as legal and valid _ Proceedings could not be held to be not maintainable because the Company had, in the meantime, changed its office. See 2010 (4) LJSOFT 63
Writ jurisdiction _ Porn websites _ Person aggrieved by web content could file complaint u/s 67 and 67A of Information Technology Act _ Court turned down a public interest litigation seeking a blanket ban on websites with s*xual content on the internet. See 2010 (4) LJSOFT (URC) 18
