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Sanjeev Kuchhal


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[ Scorecard : 956]
Posted On 31 March 2011 at 11:57 Report Abuse

SOME IMPORTANT JUDGMENTS

 

Anticipatory bail — Section 438 Cr.P.C. does not mention anything about the duration to which a direction for release on bail in the event of arrest can be granted — Once the accused is released on anticipatory bail then it would be unreasonable to compel the accused to surrender before the trial court and again apply for regular bail — Courts should not impose restrictions on the ambit and scope of section 438 Cr.P.C. which are not envisaged by the Legislature. (See 2011 (3) LJSOFT (SC) 67)

 

Appeal from order — Order of remand — Appeal under Order 43 Rule 1 clause (u) of CPC should be heard only on the ground enumerated in Section 100 of CPC. (See 2011 (3) LJSOFT (AUR) 99)

 

Arbitration — Appointment of arbitrator — Parties have agreed to a named arbitrator and such a provision is neither void nor unenforceable. (See 2011 (3) LJSOFT (URC) 15)

 

Arbitration — Dispute referred under the provisions of MSCS Act — Under the Arbitration Act as well as, the MSCS Act there is no provision, whereby the Arbitrator can issue directions against any employer with regard to the dues of employees. (See 2011 (3) LJSOFT (URC) 34)

 

Arbitration — Recovery of dues — Award can be enforced only when the award attains finality as per Section 34 r/w 37 of Arbitration Act — Order passed by the Arbitrator directing the Manager of Disputant-Bank to attach the properties and further to sell the same in public auction is illegal and without jurisdiction. (See 2011 (3) LJSOFT (URC) 34)

 

Condonation of delay — Conversion of writ petition into an appeal — Period for condonation of delay needs to be counted up to the date of filing of writ petition and not up to the date of the order of conversion of writ petition into an appeal. (See 2011 (3) LJSOFT (NAG) 135)

 

Criminal — Accused cannot be convicted on confessional statement made to police even if it is unretracted. (See 2011 (3) LJSOFT (NAG) 150)

 

Dishonour of cheque — Cheating — Doctrine of double jeopardy — Appellant already convicted u/s 138 of N.I. Act — Prosecution u/s 420 or any other provision of IPC or any other statute was barred by Section 300(1) of Cr.P.C. (See 2011 (3) LJSOFT (SC) 14)

 

Eviction proceedings — Partnership firm — None of the original partners continued as a partner on the date of filing of suit — New partners are strangers to the tenancy agreement and are unlawful sub-tenants and/or unlawful assignees. (See 2011 (3) LJSOFT (URC) 21)

 

Evidence Act — Compact Disk (CD) — Taped conversation — Evidence is to be considered from three aspects; admissibility of evidence, recording of evidence and appreciation of evidence — Tape recorded conversation is admissible in evidence. (See 2011 (3) LJSOFT (URC) 16)

 

Evidence Act — Compact Disk (CD) — Taped conversation — In civil trial requirement of sealing the recorded conversation would not be applicable — That requirement is of essence in a criminal case. (See 2011 (3) LJSOFT (URC) 16)

 

Excise Duty — Manufacture of cigarette — Duty-paid aluminium foil is subjected to the process of embossing/cutting to shape — Resultant product does not emerge as a distinct marketable commodity — No excise duty is leviable on such product. (See 2011 (3) LJSOFT (URC) 22)

 

Excise Duty — Samples drawn for testing consumed / destroyed within the factory during the process of testing itself — No excise duty is payable. (See 2011 (3) LJSOFT (URC) 55)

 

Right To Information Act — Correctness of information — If a party is not satisfied with the enquiry report he could have resorted to the other remedies but could not have filed an appeal u/s 19(1) challenging the enquiry report. (See 2011 (3) LJSOFT (URC) (NAG) 11)

 

Service law — Review of own order — Unless the power of review is specifically conferred by the Statute such power cannot be exercised — School Tribunal constituted u/s 9 of MEPS Act has no power of review. (See 2011 (3) LJSOFT (NAG) 116)

 

Service law — Selection for the post of Judge-Family Court — Age — Word "ordinarily" must be given its natural meaning and it cannot be replaced or made otiose/redundant by the High Court administration — Use of word "must" in the advertisement goes contrary to the Recruitment and Service Rules. (See 2011 (3) LJSOFT 60)

 

Service law — Grant of reinstatement as a temporary measure — Must be considered as an award as reinstatement is one of the specified points of dispute for adjudication — Workman entitled to wages u/s 17-B of I.D. Act. (See 2011 (3) LJSOFT 101)

 

Service law _ Respondents underwent regular selection process and appointments were in clear vacancy after due selection — Defect in constitution of Selection Committee — Management itself responsible for the alleged defect and they cannot take advantage of their own wrong. (See 2011 (3) LJSOFT (URC) (NAG) 66)

 

Summary Suit — Merely because demand for interest is not supported either by the document or by the law, Suit here does not cease to be a summary suit. (See 2011 (3) LJSOFT (NAG) 33)

 

Tender — Eligibility criteria — No justification in assessing the experience of Joint Venture by reducing the actual experience of constituents of the Joint Venture to the ratio of their investment and profit sharing. (See 2011 (3) LJSOFT (NAG) 126)

 

Tenancy Act — Disabled landlord — Postponement of the right of tenant to purchase land — There can be no second postponement on account of succession by disabled person.  (See 2011 (3) LJSOFT (AUR) 78)

 

Wealth Tax — Valuation of property — Land which is unbuildable under any law for the time being in force is not an urban land and is not an asset within the meaning of Section 2(ea). (See 2011 (3) LJSOFT (GOA) 165)



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