Arbitration — Employment agreement having confidentiality and related clauses — National and international laws recognize importance of such privacy and confidentiality — Knowing fully the effect of such clauses, the Petitioner signed the same and acted accordingly — Cannot be said such agreement is one sided or unfair or unreasonable — Challenge to the validity of the agreement by invoking Section 23 of Contract Act was rightly rejected. (See 2011 (2) LJSOFT (URC) 80)
Caste claim — Order passed without referring the matter to the Vigilance Cell and without obtaining report cannot be sustained in law. (See 2011 (2) LJSOFT (URC) (NAG) 12)
Code of Civil Procedure — Affidavit in lieu of examination-in-chief — Non-verification of — Defect can be cured at appellate stage. (See 2011 (2) LJSOFT (URC) (AUR) 31)
Code of Criminal Procedure — Immovable property — Powers of seizure — Power of Police officer — Expression "any property" used in Section 102(1) of Cr.P.C. does not include immovable property. (See 2011 (2) LJSOFT (FB) 56) (FULL BENCH REFERENCE)
Constitution — Employment visa — It is not a fundamental right of a foreign national to get employment Visa in India. (See 2011 (2) LJSOFT 63)
Corruption case — Sanction to prosecute granted by Sub-Divisional Officer who was subordinate to Assistant Collector — Trial held on the basis of said invalid sanction was vitiated. (See 2011 (2) LJSOFT (URC) 46)
Criminal trial — Examination u/s 313 of Cr.P.C. — Conviction based on the accused's failure to explain what he was never put to explain is bad in law and may occasion failure of justice. (See 2011 (2) LJSOFT (URC) (NAG) 17)
Criminal trial — Dying declaration — Mere production of dying declaration not sufficient to prove the same — Person who records dying declaration has to depose as to the contents of the same. (See 2011 (2) LJSOFT (NAG) 144)
Criminal trial — Dying declaration recorded in language not known to the victim — In absence of examination of the interpreter no importance can be given to such a dying declaration.. (See 2011 (2) LJSOFT (URC) (AUR) 9)
Evidence — Recording of — Sequence as contemplated u/s 138 of Evidence Act has to be followed in order to maintain the discipline in recording of evidence — Further examination-in-chief could not be allowed in the midst of the cross-examination of a witness. (See 2011 (2) LJSOFT (URC) (AUR) 5)
Execution proceedings — Territorial jurisdiction — Maintenance allowance — Decree is not required to be transferred but the appropriate procedure that is required to be followed under Order XXI Rule 6 of CPC and thereafter to seek help of another Court in order to properly get the fruits of the decree. (See 2011 (2) LJSOFT (URC) (AUR) 2)
Execution proceedings — Award passed by the Arbitrator in favour of bank for recovery of loan — Decree holder must apply for execution of an award to the Court of District Judge. (See 2011 (2) LJSOFT (URC) (NAG) 32)
Interest — Foreign Liquor licence — Renewal of — Interest cannot be charged on the arrears of license fees for the period during which the business was not being operated. (See 2011 (2) LJSOFT (URC) (AUR) 26)
Interpretation of statutes — Principle of reading down the provisions of statute — Word ‘or’ and the word ‘and’ are often used interchangeably — Departure from natural and plain meaning of word ‘and’ can be made whenever context justifies it or makes it necessary so do. (See 2011 (2) LJSOFT (URC) 123)
Inventory Proceedings — Final Chart of Partition being an order of the Court did not require to be registered. (See 2011 (2) LJSOFT (GOA) 129)
Motor accident — Merely because an amount has been received from insurance company it cannot create any estoppel against the Appellant to recover the balance amount actually spent for the repairs of the damaged vehicle from the Respondents. (See 2011 (2) LJSOFT (URC) (GOA) 51)
Motor accident — Quantum of compensation — House-wife — Services rendered by wife/mother can rarely be measured in monetary terms — Considering multifarious domestic activities done in and outside home the loss of income at Rs. 3000/- p.m. is just and fair. (See 2011 (2) LJSOFT (URC) (GOA) 35)
Police Custody Remand (PCR) — Order refusing to grant PCR — Said order had become a final order — Revision application was maintainable. (See 2011 (2) LJSOFT (URC) 38)
Service law — Appointment on compassionate grounds — Married daughter — Respondent was unmarried when she was selected — Delay in appointing her cannot deprive her of the right acquired when her name was placed on the wait list — Also discrimination in refusing compassionate appointments on the only ground that the woman is married is violative of constitutional guarantees — Rule 3(A) of Government Notification dated 26.10.1994 which discriminates against unmarried women is arbitrary. (See 2011 (2) LJSOFT (URC) 83)
Service law — Daily rated casual workmen — Doctrine of ‘equal pay for equal work’ — Burden to bring upon record such equality was on respondents and negative burden could not have been put upon the petitioner-employer — Labour Court in its jurisdiction u/s 33-C(2) could not have embarked upon inquiry regarding nature of duties performed by the workman. (See 2011 (2) LJSOFT (URC) (AUR) 19)
Service law — Judicial officer appointed on probation cannot claim to have been deemed confirmed or satisfactorily completed the period of probation because such a claim is not automatic and he/she must be, by a specific order, declared to have completed the probationary period satisfactorily. (See 2011 (2) LJSOFT 74)
Tenancy Act — Concept of ‘child in the womb’ or the ‘child though not born being conceived’ is ‘alien’ to the Tenancy Act. (See 2011 (2) LJSOFT (AUR) 154)
