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Wednesday 13 September 2017

Auction sale - Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000

IMPORTANT DECISIONS (02.09.2017)

Auction sale - Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000 -  Sufficient ground to set aside sale. (2017(2) Apex Court Judgments 707 (S.C.)

Expert opinion - Should be demonstrative and should be supported by convincing reasons. (2017(2) Apex Court Judgments 747 (S.C.)

Prevention of misuse of S.498-A IPC - Directions issued - These directions will not apply to offences involving tangible physical injuries or death : (a) No arrest normally be effected till report of Family Welfare Committee, to be appointed in every district, is received; (b) Complaints u/s 498-A IPC may be investigated only by a designated Investigating Officer of the area and such designations may be made within one month from  the date of the judgment in the instant case; (c) In cases where settlement is reached, it will be open to District and Sessions Judge or any other senior Judicial officer nominated by him in the district to dispose of the proceedings including closing of criminal case if dispute primarily relates to matrimonial discord; (d) Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected; (e) District Judge or a designated senior judicial officer may club all connected cases between parties arising out of matrimonial dispute; (f) Personal appearance of all family members and particularly outstation members may not be required and trial Court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of trial. (2017(3) Criminal Court Cases 297 (S.C.)

Rent and eviction - Eviction order on one of the grounds taken by landlord - Merely because landlords have taken possession on the basis of an order of eviction granted on one ground, that does not mean that surviving grounds have become non-est. (2017(2) Apex Court Judgments 717 (S.C.)

Service - Termination - Challenged after 13 years - Termination order contrary to  provisions of Industrial Disputes Act - Compensation granted in lieu of reinstatement without back wages.  (2017(2) Apex Court Judgments 582 (S.C.)

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