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Tuesday 4 December 2012

Right to Information Act, 2005

File Number = 29438
SUPREME COURT OF INDIA
Right to Information Act, 2005, Section 8(1)(d), 8(3) -- Right to information - Exemption from disclosure - Exemption from disclosure at one point of time may cease to be exempted at a later point of time.
Right to Information Act, 2005, Section 8(1)(d), 8(3) -- Right to information - Exemption from disclosure - There is no prohibition from disclosure of question papers, model answers (solutions to questions) and instructions if any given to the examiners and moderators after the examination and after the evaluation of answer scripts is completed, as at that stage they will not harm the competitive position of any third party.
Right to Information Act, 2005, Section 9 -- Right to information - Exemption from disclosure - Institute of Chartered Accounts of India - It is a `State' as it is a statutory body created by Chartered Accountants Act, 1948 - Information as to question papers, solutions/model answers or other instructions - Prepared by third party - Copyright therein is assigned in favour of ICAI - ICAI holds copyright - Providing access to information in respect of which ICAI holds a copyright, does not involve infringement of copyright subsisting in a person other than the State.
Right to Information Act, 2005, Section 8(1)(e) -- Right to information - Exemption - Instructions and solutions to questions given to examiners and moderators for evaluation of answer scripts - When anything is given and taken in trust or in confidence, requiring or expecting secrecy and confidentiality to be maintained in that behalf, it is held by the recipient in a fiduciary relationship and therefore exempted from disclosure u/s 8(1)(e) of the Act.
Right to Information Act, 2005, Section 8 -- Right to information - Revision of marks - Information as to criteria, authority who decides the exercise of discretion, quantum of such revisions and number of students who benefited in the last five examinations - Plea that data to such information not maintained - As the information sought is not maintained and is not available as such the same cannot be furnished - However, the examining bodies should change their old mind sets and tune them to the new regime of disclosure of maximum information - Public authorities should realize that an era of transparency, previous practices of unwarranted secrecy have no longer a place - Additional workload is not a defence - As the examining bodies have not been exempted from providing the information as such examining bodies have to gear themselves to comply with the provisions of RTI Act.

Dishonour of cheque - Genuineness of signatures

File Number = 29480
RAJASTHAN HIGH COURT
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Genuineness of signatures - Expert opinion - Application filed at the stage of examination of complainant as a witness - Plea opposed on ground that cheque is dishonoured for insufficient funds and not on ground of dissimilarity of signatures - Held, in case bank does not object to the authenticity of signature, obviously the forger has succeeded in passing of the forgery as original and authentic - Genuineness of signatures cannot be commented upon either by the complainant or the Court unless scientific data is gathered with regard to the genuineness of signatures - Plea of complainant repelled - An application for expert opinion filed at the stage of arguments of case can be dismissed on the ground that the accused is trying to delay the judgment, but not every application - Trial Court directed to seek FSL opinion with regard to genuineness of signatures.

Transplantation of Human Organs Act, 1994

File Number = 29545
MADRAS HIGH COURT
Transplantation of Human Organs Act, 1994 -- Kidney transplant - Petitioner wanted himself to be operated upon by particular doctor for kidney transplant - Said doctor conducted kidney transplant operation in hospital - Hospital suspended from doing kidney transplant - Held, there is no legal impediment for doctor to operate petitioner in any other hospital.

Dishonour of cheque - It is mandatory for Magistrate to examine complainant and witnesses

File Number = 29525
RAJASTHAN HIGH COURT
Criminal Procedure Code, 1973, Section 200, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is mandatory for Magistrate to examine complainant and witnesses, if they are present, before taking cognizance - Order taking cognizance without examining complainant set aside.

Son born within five months and six days of marriage

File Number = 29557
RAJASTHAN HIGH COURT
Hindu Marriage Act, 1955, Section 12(d) -- Divorce - Son born within five months and six days of marriage - DNA test report that husband was not his biological father - Marriage declared nullity.

Thursday 22 November 2012

Kidnapping and rape

UTTARAKHAND HIGH COURT
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Accused committed rape on victim girl aged 9 years after kidnapping her from place where she was playing - Statement of victim girl secured corroboration from evidence of other witnesses as well as by medical evidence and hence reliable and worthy of credence - Held, conviction of accused under sections 363, 366 and 376 proper - However, no material or record to show that victim was member of ST or SC and conviction of accused u/s 3(1)(x) of SC & ST Act not sustainable and hence set aside

Maintenance - Husband can be directed not only to pay maintenance but also to provide accommodation

RAJASTHAN HIGH COURT
Protection of Women From Domestic Violence Act, 2005, Section 19, 20, 21, 22 -- Maintenance - Husband can be directed not only to pay maintenance but also to provide accommodation to wife in the shared household though the aggrieved person had left the matrimonial home or the shared household many years ago.
Protection of Women From Domestic Violence Act, 2005, Section 19, 20, 21, 22 -- Right to accommodation - Civil wrong committed continuously from 2005 till present - Held, Act is applicable to the act and commission by the husband.
Protection of Women From Domestic Violence Act, 2005, Section 19, 20, 21, 22 -- Maintenance - Pendency of divorce petition on the ground of desertion - Does not disable the Court from passing the order under the Act as both the proceedings are independent of each other

Maintenance to wife - Husband getting salary of more than Rs.20, 000/- p.m. - Maintenance increased from Rs.5, 000/- to Rs.7, 500/- p.m.

Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Maintenance to wife - Husband getting salary of more than Rs.20, 000/- p.m. - Maintenance increased from Rs.5, 000/- to Rs.7, 500/- p.m. since date of application

Tuesday 20 November 2012

Will -- If the testator, who is not married, marries after making the will, by operation of law, the Will stands revoked

File Number = 29032
SUPREME COURT OF INDIA
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Transfer of immovable property - Sale agreement, general power of attorney and Will do not convey any title nor create any interest in an immovable property - Immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance.
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54, 105 -- Transfer of immovable property - Can be by way of registered conveyance deed and not by executing agreement to sell, general power of attorney and Will - It applies not only to deed of conveyance in regard to freehold property but also to transfer of leasehold property - A lease can be validly transferred only under a registered Assignment of lease.
Agreement to sell -- Does not by itself, create any interest in or change on such property.
Power of Attorney Act, 1882, Section 1A, 2 -- Power of attorney - Not an instrument of transfer in regard to any right, title or interest in an immovable property - The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him - It is revocable or terminable at any time unless it is made irrevocable in a manner known to law.
Will -- Comes into effect only after the death of the testator and is revocable at any time during the life time of the testator.
Will -- Registered - Held, registration of Will does not make it any more effective.
Will -- If the testator, who is not married, marries after making the will, by operation of law, the Will stands revoked.

Saturday 17 November 2012

Divorce - Cruelty by wife

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Wife did not allow husband to have sexual relations with her - Wife lodged FIR against husband and in-laws u/ss 498-A, 406 IPC for which they were arrested and remained in jail - Wife in Court exhibited her adamant and callous attitude towards her husband, which showed that she was bent upon treating husband with mental cruelty - Parties living separately for more than 13 years - Held, matrimonial bond ruptured beyond repair because of mental cruelty caused by wife - Decree of divorce, upheld

Permanent alimony - Status of wife before her marriage is one of the relevant factors for determining the amount of maintenance

Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Status of wife before her marriage is one of the relevant factors for determining the amount of maintenance.
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Income and other property of the parties are relevant materials in addition to the conduct of the parties and other circumstances of the case - Court has to consider status of parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain - Amount of maintenance to be fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life to which she was used to live when she lived with her husband - Amount so fixed cannot be excessive or affect the living condition of the other party.

Dishonour of cheque

Criminal Procedure Code, 1973, Section 326(3), Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Magistrate transferred after recording evidence - Successor Magistrate has to try the case do novo in a summary trial - Successor Magistrate cannot act on the evidence recorded by his predecessor either in whole or in part in a summary trial - Consent of parties as to having no objection to proceed on basis of evidence recorded by predecessor is misconceived - Parties by consent cannot confer jurisdiction where there exists none on a Court of law nor can they divest a Court of jurisdiction which it possesses under the law - Order of conviction passed by successor Magistrate and upheld by High Court set aside and retrial ordered in accordance with law.
Criminal Procedure Code, 1973, Section 179, 180, Criminal Procedure Code, 1973, Section 326(3), Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Parties by consent cannot confer jurisdiction where there exists none nor can they divest a Court of jurisdiction which it possessed under the law.

Electricity - Supply of - Owner or occupier of a premises has a statutory right for an electric connection

Electricity Act, 2003, Section 43, 67 -- Electricity - Supply of - Owner or occupier of a premises has a statutory right for an electric connection - Supply line passing through a passage - Dispute as to passage whether private or common passage - Pending resolution of the dispute between the parties, appellant cannot be denied supply of electricity to his house - Licensee to find out other way in which electric line can be drawn - In case no other way found licensee to follow provision of S.67(2) of the Act - Pending this exercise supply to the house of appellant not to be disconnected

Tuesday 13 November 2012

Negotiable Instruments Act, 1881, Section 138,139,141


Negotiable Instruments Act, 1881, Section 138,139,141 -- Dishonour of cheque - Company - Accused took loan and four Directors issued cheque in discharge of liability which was dishonoured - No material on record evidencing either payment of loan amount or mode of payment - No evidence produced that cheque was issued in discharge or loan liability - Company and its Managing Director not arrayed as accused - Defence version that blank cheques were removed from company premises seemed probable - Accused acquitted. File Number = 28956 - updated on Tue, 13 Nov 2012 12:30:12 +0530

Thursday 8 November 2012

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002,

File Number = 28727
KARNATAKA HIGH COURT
Civil Procedure Code, 1908, Section 9, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34,17 -- Bar of jurisdiction - Proceedings initiated u/s 13 of the Act for recovery of secured debt - Suit for injunction filed by tenant - Held words 'any person' found in S.17 of the Act means not only a borrower, but a non-borrower also who is aggrieved by action of bank - Remedy of aggrieved person is to file appeal - Thus suit for injunction in Civil Court not maintainable.

Administrative Tribunals Act, 1985, Section 19

File Number = 28706
SUPREME COURT OF INDIA
Administrative Tribunals Act, 1985, Section 19 -- Karnataka Administrative Cadre and Recruitment Rules, 1986 - Locus standi - Promotion - Quashing of Rules - Jurisdiction - Promotion of stenographers affecting the Assistants since there was a confluence of the two streams leading to promotional posts - Administrative Tribunal took decision without notice to the Assistants - The assistant held to have the locus standi to move the application under Section 19 of the Act before the Tribunal and seek reconsideration of the earlier decision passed by it without notice to them and to show that the said order required reconsideration or that it was not a legal or a proper one

Rent and Eviction

File Number = 28705
SUPREME COURT OF INDIA
Rent and Eviction -- Sub letting - To prove subletting production of affirmative evidence showing payment of monetary consideration by sub-tenant to the tenant is not necessary - Inference as to subletting can be drawn from proof of delivery of exclusive possession of the premises by tenant to sub-tenant.
Rent and Eviction -- Non user of suit premises for a period of six months preceding the filing of suit and that tenant is liable for eviction on ground of sub letting - Non consumption of electricity - Plea of tenant that he is a devout Jain and he closes the shop at 5.30 p.m. before the day getting dark - However, after two/three years electricity consumption started showing normal electric consumption - Lends credence to the case of plaintiff that shop after remaining closed for two three years started showing normal electric consumption when it was sub let.

Wednesday 19 September 2012

Schedule of ICC T20 World Cup 2012

Match No: Day and Date Match Time Teams Venue
1 Tue Sep 18, 2012 14:00 GMT | 19:30 local 1st Match, Group C - Sri Lanka v Zimbabwe Mahinda Rajapaksa International Cricket Stadium, Sooriyawewa, Hambantota
2 Wed Sep 19, 2012 10:00 GMT | 15:30 local 2nd Match, Group B - Australia v Ireland R Premadasa Stadium, Colombo
3 Wed Sep 19, 2012 14:00 GMT | 19:30 local 3rd Match, Group A - Afghanistan v India R Premadasa Stadium, Colombo
4 Thu Sep 20, 2012 14:00 GMT | 19:30 local 4th Match, Group C - South Africa v Zimbabwe Mahinda Rajapaksa International Cricket Stadium, Sooriyawewa, Hambantota
5 Fri Sep 21, 2012 10:00 GMT | 15:30 local 5th Match, Group D - Bangladesh v New Zealand Pallekele International Cricket Stadium
6 Fri Sep 21, 2012 14:00 GMT | 19:30 local 6th Match, Group A - Afghanistan v England R Premadasa Stadium, Colombo
7 Sat Sep 22, 2012 10:00 GMT | 15:30 local 7th Match, Group C - Sri Lanka v South Africa Mahinda Rajapaksa International Cricket Stadium, Sooriyawewa, Hambantota
8 Sat Sep 22, 2012 14:00 GMT | 19:30 local 8th Match, Group B - Australia v West Indies R Premadasa Stadium, Colombo
9 Sun Sep 23, 2012 10:00 GMT | 15:30 local 9th Match, Group D - New Zealand v Pakistan Pallekele International Cricket Stadium
10 Sun Sep 23, 2012 14:00 GMT | 19:30 local 10th Match, Group A - England v India R Premadasa Stadium, Colombo
11 Mon Sep 24, 2012 14:00 GMT | 19:30 local 11th Match, Group B - Ireland v West Indies R Premadasa Stadium, Colombo
12 Tue Sep 25, 2012 14:00 GMT | 19:30 local 12th Match, Group D - Bangladesh v Pakistan Pallekele International Cricket Stadium
Super Eights
13 Thu Sep 27, 2012 10:00 GMT | 15:30 local 13th Match, Super Eights, Group 1 - TBC v TBC (C1 v D2) Pallekele International Cricket Stadium
14 Thu Sep 27, 2012 14:00 GMT | 19:30 local 14th Match, Super Eights, Group 1 - TBC v TBC (A1 v B2) Pallekele International Cricket Stadium
15 Fri Sep 28, 2012 10:00 GMT | 15:30 local 15th Match, Super Eights, Group 2 - TBC v TBC (D1 v C2) R Premadasa Stadium, Colombo
16 Fri Sep 28, 2012 14:00 GMT | 19:30 local 16th Match, Super Eights, Group 2 - TBC v TBC (B1 v A2) R Premadasa Stadium, Colombo
17 Sat Sep 29, 2012 10:00 GMT | 15:30 local 17th Match, Super Eights, Group 1 - TBC v TBC (A1 v D2) Pallekele International Cricket Stadium
18 Sat Sep 29, 2012 14:00 GMT | 19:30 local 18th Match, Super Eights, Group 1 - TBC v TBC (C1 v B2) Pallekele International Cricket Stadium
19 Sun Sep 30, 2012 10:00 GMT | 15:30 local 19th Match, Super Eights, Group 2 - TBC v TBC (B1 v C2) R Premadasa Stadium, Colombo
20 Sun Sep 30, 2012 14:00 GMT | 19:30 local 20th Match, Super Eights, Group 2 - TBC v TBC (D1 v A2) R Premadasa Stadium, Colombo
21 Mon Oct 1, 2012 10:00 GMT | 15:30 local 21st Match, Super Eights, Group 1 - TBC v TBC (B2 v D2) Pallekele International Cricket Stadium
22 Mon Oct 1, 2012 14:00 GMT | 19:30 local 22nd Match, Super Eights, Group 1 - TBC v TBC (A1 v C1) Pallekele International Cricket Stadium
23 Tue Oct 2, 2012 10:00 GMT | 15:30 local 23rd Match, Super Eights, Group 2 - TBC v TBC (B1 v D1) R Premadasa Stadium, Colombo
24 Tue Oct 2, 2012 14:00 GMT | 19:30 local 24th Match, Super Eights, Group 2 - TBC v TBC (A2 v C2) R Premadasa Stadium, Colombo
Semi-Finals
25 Thu Oct 4, 2012 13:30 GMT | 19:00 local 1st Semi-Final - TBC v TBC (Super 8 Group-1 1 v Super 8 Group-2 2) R Premadasa Stadium, Colombo
26 Fri Oct 5, 2012 13:30 GMT | 19:00 local 2nd Semi-Final - TBC v TBC (Super 8 Group-2 1 v Super 8 Group-1 2) R Premadasa Stadium, Colombo
Final
27 Sun Oct 7, 2012 13:30 GMT | 19:00 local Final - TBC v TBC R Premadasa Stadium, Colombo