Saturday, 29 December 2018
High Court directed DRT to decide S.A on merits-Parties were not put to notice by DRT--On date fixed DRT dismissed the S.A due to non appearance of counsel of applicant with observation that it was duty of counsel to be vigilant as matter was got restored on direction of High Court—Such reasons deprecated—DRT directed to decide SA on merits.
Monday, 24 December 2018
Tender Bid-Public Contract—Judicial Review—In matters of public contract the government has to act fairly and not treat the subject-matter of the contract as a largess to be distributed at its own whims and fancies, which again is impermissible as there has to be a supporting coherent policy even if discretion of the government has to be exercised
Sunday, 23 December 2018
Indian Penal Code, 1860, S.304-B-Dowry Death-Dowry Demand-Acquittal- -Improvement in statement-In complaint father of deceased stated that motorcycle was demanded however when he was examined in the Court, he stated that accused was also demanding fridge and AC also, whereas AC and fridge were not mentioned in the complaint-Same is taken as improvement and cannot be relied upon—Accused acquitted.
Saturday, 22 December 2018
Civil Procedure code, 1908, O.9 R.7--Ex parte order-Setting aside of--Stage of joining proceedings—Proceedings must continue from the stage at which the later appearance was entered and obviously, he could not be relegated to the position he would have occupied if he had appeared at the earlier hearing or hearings—But he certainly had the right of participation in the proceedings, to cross-examine the plaintiff or his witnesses and if necessary, to lead evidence in rebuttal.
Hindu Minority and Guardianship Act, 1956, S.6--Custody of Child-Child aged below 5 years-Custody of minor below 5 years of age is ordinarily to be with the mother-Father's suitability to custody is not relevant where the child whose custody is in dispute is below five years as the mother per se is best suited to care for the infant during his tender age.
Thursday, 20 December 2018
Motor Vehicles Act, 1988, S.166--Accident--Insurance--Deceased being the brother of the owner—In present case there is Comprehensive/Package policy- -Therefore, Insurance Company cannot contend that deceased being the brother of the owner would step into the shoes of the owner and it would be a case of the same person being both the claimant and recipient-Insurance Company held liable to pay.
Right to Information Act, 2005, S.8--Exempted Information-Official noting would not fall within the ambit of the term 'fiduciary relationship' and have to be supplied to the affected persons—There is no blanket bar with regard to supplying information, which is available even in a fiduciary relationship.
Haryana Canal and Drainage Act, 1974, S.24--Restoration of Water Course—As per latest inspection report conducted in presence of both the parties there was water course which has been running from last 20 years which has been demolished-Therefore, such water course falls within ambit of water course 'by prescription of law'—Thus, orders of restoration of water course are justified and hence upheld.
Wednesday, 19 December 2018
Bail—Surrender of Passport—While granting bail or anticipatory bail, Criminal Court have to take extreme care in imposing such condition—It cannot mechanically, and in every case where an accused has a passport impose a condition for its surrender. Passport—Impounding of Passport—Police may have power to seize a passport but it does not have power to retain or impound the same, because that can only be done by the passport authority
Civil Procedure Code, 1908, O.41 R.27--Additional Evidence at Appellate Stage—Appellate Court ought to consider and dispose the appellant's application first and then finally adjudicate upon the appeal—Not done in present case—Appeal set aside to be decided afresh after firstly disposing the application.
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