LATEST JUDGMENTS 19-11-2021
Necessity of Police Force to wear uniform while on duty – Directions issued by Court — 2021 (6) KHC 357 : 2021 KHC OnLine 746
Merely because a person has consumed alcohol, it cannot be a reason to implicate him in an offence under S.118(a) of KP Act — 2021 (6) KHC 380 : 2021 KHC OnLine 753
SARFAESI Act – S.13 – When bid is confirmed, borrower cannot bring in another purchaser with an higher offer — 2021 (6) KHC 411 : 2021 KHC OnLine 716
Arbitration – Non-compliance of principles of natural justice is a ground for setting aside an award — 2021 (6) KHC 335 : 2021 KHC OnLine 752 (DB)
MACT – There is no ceiling limit to grant of compensation for pain and sufferings in cases of injury — 2021 (6) KHC 394 : 2021 KHC OnLine 732
NI Act S.138 — Complaint by Company – Even if there was initially no authority, Company can at any stage rectify that defect by sending a competent person — 2021 (6) KHC 368 : 2021 KHC OnLine 6691 (SC)
Prayer for incorporation of alternative relief of return of advance amount – Delay in filing amendment application is not fatal as there is no restriction or time limit — 2021 (6) KHC 363 : 2021 KHC OnLine 744
Licence given by owner of well to immediate neighbour to fix up a water pump inside the well for drawing drinking water – Is not revokable — 2021 (6) KHC 388 : 2021 KHC OnLine 734
BRC Act — In order to arrive at a decision regarding fair rent, powers of Court are not circumscribed by pleadings — 2021 (6) KHC 437 : 2021 KHC OnLine 709 (DB)
Complaint against a Judge of High Court – In-House procedure – Writ petition seeking directions to CJ for action on a complaint, is not maintainable — 2021 (6) KHC 423 : 2021 KHC OnLine 722
Residential property water logged almost round the year – High Court directs Municipality to construct a drainage connecting the property to the nearby thodu — 2021 (6) KHC 352 : 2021 KHC OnLine 742
Certificate under Section 65B can be filed after filing charge-sheet — 2021 (6) KHC 407 : 2021 KHC OnLine 729
Request for mobile call details from service provider to substantiate case of petitioner in disciplinary proceedings – Cannot be ordered in writ petition — 2021 (6) KHC 344 : 2021 KHC OnLine 751
Blacklisting of Contractor – Remedy available to aggrieved is to file a writ petition – Remedy by way of temporary injunction, not proper — 2021 (6) KHC 375 : 2021 KHC OnLine 754 (DB)
Evidence Act – It is not within the jurisdiction of Civil Court to compare thumb impression or finger print under S.73 — 2021 (6) KHC 363 : 2021 KHC OnLine 744
Identification of accused by a witness in Court who has for the first time seen accused in the incident of offence is a weak piece of evidence especially when there is a large time gap between the date of incident and date of recording of his evidence — 2021 (6) KHC 400 : 2021 KHC OnLine 6638 (SC)
Application of the accused to adduce evidence/additional evidence – Judicious discretion to be exercised by Trial Courts — 2021 (6) KHC 384 : 2021 KHC OnLine 745
First spell of pensionable service under Central Government and second spell of pensionable service under State Government – In between two services, incumbent rendered a non-pensionable service in a PSU – Pension can be computed taking both pensionable service into account — 2021 (6) KHC 443 : 2021 KHC OnLine 6634 (SC)
When application submitted by the incumbent is beyond the time specified in the scheme for compassionate appointment, incumbent cannot be considered for appointment under the scheme — 2021 (6) KHC 448 : 2021 KHC OnLine 757 (DB)
Land for NH acquisition — Award is liable to be set aside since Collector of District himself is the Chairman of Expert Committee — 2021 (6) KHC 335 : 2021 KHC OnLine 752 (DB)
Benami Property — When husband has purchased property in the name of wife as a benami transaction; he can be declared as the absolute owner only when he is able to show that he has purchased it by utilising his own funds in the name of his wife; and property had not been purchased for the benefit of his wife — 2021 (6) KHC 346 : 2021 KHC OnLine 749 (DB)
KP Act S.117(e) — When Police Officer was not in his uniform, it cannot be said that acts done were with the knowledge that the other person is a Police Officer – No offence under S.117(e) made out — 2021 (6) KHC 357 : 2021 KHC OnLine 746
When final report does not mention exactly as to the words or statement uttered by accused, it cannot be said that ingredients of offence under S.294(b) IPC are attracted — 2021 (6) KHC 357 : 2021 KHC OnLine 746
NI Act S.138 — Complaint by Company – There can be a format where Company’s name is described first, suing through Managing Director — 2021 (6) KHC 368 : 2021 KHC OnLine 6691 (SC)
Mere smell of alcohol also cannot be construed to mean that person was intoxicated or was under the influence of any liquor — 2021 (6) KHC 380 : 2021 KHC OnLine 753
SARFASI Act S.13 — In the absence of specific cases of violation of provisions of law, Tribunals cannot interfere with auction sale — 2021 (6) KHC 411 : 2021 KHC OnLine 716
Complaint against a Judge of High Court – In-House procedure does not fall within the realm of administrative function of CJ — 2021 (6) KHC 423 : 2021 KHC OnLine 722
For proving a fact, plurality of evidence is not a mandatory requirement always – What matters is the quality and credibility of the evidence — 2021 (6) KHC 437 : 2021 KHC OnLine 709 (DB)