Legal Landmarks

1.    Withdrawal of prosecution launched against MLA for obtaining huge amount on fabricated medical bills cannot be made recommendations by Ethics Committee.

2.    Child born to an estranged couple cannot be subjected to DNA test only because husband has made paternity of child a prestige issue.

3.    Opinion of medical board as regards disability of Army personnel cannot be discarded by Court dealing with claim for disability pension.

4.      Parameters for imposing costs in cases of amendment of pleadings.

5.    Persons obtaining medical qualification from foreign institutions have to quality in screening test to get enrolled as medical practitioner.

6.    Petrol Pump is a factory.

7.    Registration cannot be granted by Industrial Court to one Trade Union while deciding validity of registration of another Trade Union.

8.    Benefit of higher pay granted to promotee by Service Rules cannot be taken away by Govt. Order.

9.     Disputes about Telephone bills cannot be decided by Consumer Forum.

10.    Removal from service is unjustified when employee admitting his unauthorized absence explains it to be due to personal reasons and even submits his resignation.

11.    Power to dispense with inquiry under Land Acquisition Act cannot be exercised merely because acquisition is for road. Nature of the road is determinative.

12.    Multiplex realizing Entertainment tax though exempted. State directed to recover it and pay it to charitable institution working for disadvantaged people.

13.    The requirement that before making search and seizure of Narcotic Drugs the police officer should write down information received and send copy to superior police Officer need not be strictly complied with in emergent situations.

14.    Permission to construct arches and install statues on State Highway cannot be granted by State Government.
15.    State by organizing lottery for raising revenue does not render any service. Not liable to pay Service tax.

16.     Education Board is not a service provider. Student participating in exam held by Board is not a consumer.
17.    Association of Landowners cannot file reference against award passed in Land Acquisition proceedings

18.    Election Petition has to be filed by Petitioner himself. Cannot be filed through advocate.

19.     Concession given by landowner would not save notification issued under Section.6 of Land Acquisition Act after time fixed, from invalidity.

20.    Proceedings for recovery of Bank dues from guarantor cannot  be stayed merely because proceedings for attachment of property of Borrower Company are pending

21.    Once permission to make up the deficiency in Court fee is granted the plaint cannot be rejected out rightly u/O-7 R-11 Civil P.C.

22.    Power of Attorney holder executing document for principal is competent to get it registered.

23.    Umadevi’s case does not bar regulation of services of workers affected by unfair labour practice.

24.    Seat of sitting M.P. or M.L.A. on his acquiring disqualification becomes vacant only after its adjudication and not automatically on his acquiring such disqualification.

25.    Suit for infringement of Patents must be heard on day to day basis.

26.    Investigation cannot be said to have been initiated by police when it acts on cryptic information.

27.    Probate is not necessary for executor of will to represent estate in legal proceeding.

28.    Employee cannot abuse his superior on ground that work assigned to him was not part of his job.

29.    Employee getting enrolled as Advocate after termination of service, his backwages liable to be reduced.

30.    Employee of unit run canteen of Air Force is not Government Employee.

31.    No Court, except Supreme Court can grant divorce by mutual consent if one of the spouses withdraws his/ his consent before passing of decree.

32.    Pregnancy of mentally retarted woman cannot be terminated without her consent.

33.    In proceedings for setting aside arbitration award Court need not frame issues.

34.    Interpol Notices are not International arrest Warrants.

35.    Police while investigating an offence cannot settle dispute between parties.

36.    Terminating services of bus conductor found guilty of carrying passengers without ticket not disproportionate punishment.

37.    The time interval between accused being charged and his trial by General Court martial ought to be of clear ninety Six Hours.

38.    Absence of signature/thumb impression on dying declaration may not make it unreliable.

39.    Appeal in rape cases should not be dismissed as infructuous even though Appellant has already served full sentence.

40.    Judges of Superior Courts ought to be extremely careful while passing strictures/remarks against subordinate judicial officers.

41.    Suit by debtor industry against Bank for declaration that contract entered between them was void is not a suit for recovery of debts. Cannot be transferred to D.R.T.

42.    Club is not a shop. Not governed by Employees State Insurance Act.

43.    Right of landlord of getting tenant evicted for converting building into commercial building not lost because of provision for levying fine.

44.    Civil servant resigning to join Bank service before completing qualifying service of 33 years is not entitled to pension.

45.    Classification within a cadre on basis of educational qualification is permissible, further classification between direct recruits and promotees, when both possess equal qualification, is however impermissible.

46.    Bank officials charged of defrauding Bank. Repayment of loan by borrowers under settlement would not save them from criminal liability.

47.    Magistrate deciding not to take cognizance on basis of police report ought to give notice to informant and an opportunity of hearing.

48.    Definitive finding that accused is absconding necessary for recording of evidence in absence of accused.

49.    Absention by deceased wife from taking food for two days prior to her death sufficient to prove cruelty.

50.    Contemnor committing contempt in face of Court can be punished there and then.

51.    Insurance company cannot go on appointing successive Surveyors till it obtains a favorable report about loss.

52.    Pay parity cannot be granted to daily wagers appointed without following recruitment procedure only because they have put in long service.

53.    Provident Fund contribution due from the employer can be recovered by attaching and selling property of employer pledged with Bank.

54.    Sting operation by media of public prosecutor pending criminal trial need not be with prior permission of Court.

55.    Private parties providing service of Weigh Bridges of truck operators can charge fee thereof.

56.    Driver borrowing vehicle from its owner meeting with fatal accident. His heirs not entitled to compensation.

57.    Land owner not to be denied rightful acquisition compensation on technical ground of deficit Court fee.

58.     “Land” includes tank meant to provide water for agricultural purpose.

59.     Fees charges by private unaided educational Institutions. State cannot have absolute control over it.

60.     Candidate seeking appointment on reserved post cannot be    considered for appointment in general category.

61.    Service Rules stipulating to follow rota rule “as far as possible” while making appointments gives discretion to authorities. Court cannot interfere with such discretion unless it is palpably arbitrary.
62.    Amendment cannot be invalidated merely because if affects chance of employee of being considered for promotion.

63.    Retrospective revision of price of goods by manufacturer exposes him to levy of penal interest under Excise Act.

64.    Deputationists cannot be discriminated only on basis of source from which they come.

ALL INDIA REPORTER
1.    Maintenance pendente lite – When husband fails to pay maintenance pendent elite and litigation expenses, his defence in divorce petition is to be struck out.
2.     Electricity dues – ‘Consumer’ does not necessarily mean recorded consumer but includes occupant of premises enjoying electricity.
3.    Agreement for supply of electricity to company entered into by MD  of company – Company would be consumer and not MD
4.     Right to information – Co-operative housing Society cannot be said to be ‘public authority’ solely on basis of supervision and control by Registrar, Societies.
5.    Citizen has no right to seek personal information of officials of public authority.
6.      Vakalatnama – can be3 withdrawn by client any time as there is nothing know as irrevocable vakalatnama.
7.     Loan recovery – State Financial Corporation cannot initiate recovery proceedings against property of guarantor or surety.
8.     Winding up of company – Liability of company to pay customs duty on imported goods remains unaffected.
9.     Securing loan from Nationalized Banks – Restraining members of SC/ST from obtaining loan from Bank for construction of their houses and for purpose  of education  against mortgage of his land, constitutionally invalid.
10.    Divorce by mutual consent statutory waiting period six months is mandatory. Cannot be condoned or waived by Court.
11.    Consumer Complaint – Dismissed for default, cannot be restored by District Consumer Forum.
12.     Organ transplantation – Removal of human organ at one recognized hospital and its transplantation at another recognized hospital, not prohibited.
13.    Election Symbol – Providing only six years of addl. Period to retain its symbol even after particular political party loses its status as recognized political party, not arbitrary
14.     Court fees- Court fees are payable on PIL
15.    Securitization Act – Bank can sell property at a price less than reserve  price
16.    Debt includes amount payable under decree.
17.    Magistrate rendering assistance to secured creditor in taking possession not required to give notice to borrower or third party.
18.    Magistrate rendering assistance to secured creditor can appoint Commissioner for identification of secured asset.
19.    Loan recovery – State financial corporation cannot proceed against property of guarantor under Section. 29 of state financial corporation Act 1951.
20.     Accident claim – Contributory negligence is presumed when motor bike involved in accident is overloaded with two additional passengers.
21.    Even if vehicle is given on hire to Road Transport Corporation Insurance policy obtained by owner is valid and insurer is liable  to pay compensation payable  to third party risk.
22.    Houses and Rents – Expression “daughter of tenant” includes widowed daughter.
23.    Medical negligence – Once woman gave birth to child it is not open for her to say that it was unwanted. Failure to establish negligence of doctor performing sterilization operation, compensation cannot be claimed.
24.    SARFAESI Act – Unless remedy of appeal under Act is exhausted writ Court generally should not entertain writ petition.
25.    Money lending – Activity can be carried on with or in addition to any other business.
26.    Maintenance pendent elite- Matrimonial Court has jurisdiction to award interim maintenance to minor children.
27.    Insurance claim – Having insured the office buildings, the Insurance Company cannot refuse to reimburse loss on grounds that office building/ Structures are not required for running brick kiln.
28.    Right to information – Information pertaining to documents of co-operative society, cannot be refused on ground that document was more than 20 years old.
29.    WRIT PETITION – under Art. 226, is maintainable against order passed by Statutory tribunal.
30.    Writ petition for recovery of professional fee by counsel not maintainable.
31.    Debt recovery – Proceedings before DRT will not abate in absence of application for substitution of LR’s within limitation period.
32.    Divorce by mutual consent – Personal appearance of husband can be dispensed with.
33.    Injunction – Restraining daughter –in-law form forcibly entering into house of parents of husband can be granted.
34.    Consumer fora – Advocate commissioner cannot be appointed by consumer forum.
35.    Execution petition maintainable before district forum for enforcement of orders passed by district forum.
36.    Permanent alimony – Matrimonial Court has jurisdiction to pass order for permanent alimony even if substantive petition for divorce is rejected.
37.    Medical negligence – Doctor considering extremely serious condition of patient prescribing high dose of antibiotic to save life of patient, not negligent.
38.    Anticipatory Bail – granted to husband with direction to pay maintenance to wife, improper.
39.    Electricity tariff – Advocates running their office in commercial place can be charged tariff on commercial basis.
40.    Hindu succession – Unchastity of wife is no ground to disinherit wife from claiming her rights as widow in properties of husband.
41.    Doctrine of sovereign immunity – Defense of sovereign immunity not available to state of it’s officers in case of infringement of person’s  fundamental right of life and personal liberty.  State can be directed to pay compensation for keeping victim under illegal detention.
42.    Part performance of contract – Written Agreement is essential to claim benefit of part performance
43.    Consumer   for – Revision before National Commission is maintainable against Appellate order passed by State Commission.
44.    Proceeding before consumer fora need not remain stayed and await decision of outcome of proceedings involving similar issues pending before High Court.
45.    Transferee pendent elite – Purchaser of property from judgment debtor has no independent right to property and to resist or obstruct execution of decree.
46.    Town Development Scheme – Proviso inserting time limit for preparation of scheme is not retrospective. Does not convey that scheme gets automatically lapsed.
47.    Debt recovery – Liability of surety or guarantor to repay loan of principal debt or arises only when default is made by latter.
48.    Co-operative Bank can take action under Securitization Act.
49.    Symbol of political party – Particular flag design and slogan is not anyone’s property. One political party cannot have any right or grievance about flag, its design, symbol, colour or slogan canvassed and made use by other political party.
50.    Power to plead – Junior of counsel can be permitted to appear on behalf of counsel.
51.    Mortgage by conditional sale – If mortgage condition is incorporated in separate Agreement it will fulfill pre-conditions of conditional sale.
52.    Motor Accident Claims Tribunal – Has power to review its order.
53.    Permanent Lok Adalat – Cannot adjudicate claim petition filed by injured in motor accident.
54.    Securitization Act – Debts Recovery Tribunal can pass order of restoration of possession of secured assets in favour of person other than borrower.
55.    Contempt proceedings – Not maintainable in case of disobedience of order of temporary injunction of subordinate Court.
56.    Electricity connection – Person in occupation of premises is entitled to supply of electricity irrespective of fact whether he is in lawful occupation or not.
57.    Right to information – Examinee undertaking public examination is entitled to access to answer scripts.
58.    Railway accident – Railway Claims Tribunal can award interest on Compensation.
59.    Compensation for loss of estate can be claimed by legal representative.
60.    Voidable marriage – Incapacity of wife to have sexual relationship and non-consummation of marriage owing to impotence of wife, is cruelty to husband. Marriage can be declared void.
61.    Secondary evidence – CERTIFIED COPY of Power of Attorney can be admitted in evidence.

 

Volume 1:

1. Recovery of Debts due to Banks and Financial Institutions Act does not provide recovery of dues from its members by Co-operative Banks.

 

2. Divorce by consent allowed by Supreme Court, though one of the party retracted after filing.
3. Co-operative Banks have power to take action against borrowers under the Securitization Act

(- ILR-2007 Kar-4998 Single Judge. Over ruled by DB in ILR 2010 KAR 1052)
4. Complaint under Section 138 N.I.Act can be filed at the place only where the cheque is dishonoured.
5. Damages for mental harassment can be claimed by natural person and not by company.
6. Compassionate appointment cannot be granted to daily wager.
7. Complaint of deficiency in service filed against carrier cannot be dismissed by applying limitation, under Carriage of goods by Sea Act .
8. Pay parity cannot be granted merely because work performed is similar.
9. For purpose of dowry proposed marriage is “marrying”.
10. Members of AIR Force can be compulsory retired for not filing properly return within time.
11. “Husband” for purpose of offence of cruelty to wife, need not be legally wedded husband.
12. SEBI cannot impose monetary penalty on brokers /Sub-Brokers for violating Provisions of Act.
13. Bank officials charged of defrauding Bank. Repayment of loan by borrowers under settlement would not save them from criminal liability.
14. Status quo on the conditions to deposit balance sale consideration by purchaser under Sale Agreement valid.
15. Site fraudulently allotted to non-members by co-operative society,is offence under Section 109 of Kar.Co-op. Societies Act, 1959.
16. KSFC has no power to sell guarantors property under Section 29 of the State Finance Corporation Act.
17. It is mandatory for arbitrator to grant interest when money is found to be wrongly withheld.
18. Non-payment of 80% compensation, before taking possession of property acquired, by invoking urgency clause would not set at naught entire acquisition.

19. Eviction Suit against tenant of Wakf Party has to be filed in civil court and not tribunal.

20. Action against Guarantor, without taking action against borrower is valid under the securitization and reconstruction of financial assests and enforcement of Security Interest Act
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