Service Delhi School Education Rules, 1973 – Rule 121 – Disciplinary Proceedings – Payment of allowances on reinstatement – Delay – There should not be any room for needless and unjustifiable delay on the part of the Management in concluding the proceedings under Rule 121. August 15, 2022 sclaw
State Laws Karnataka Slum Areas (Improvement and Clearance) Act, 1973 – Sections 17 and 20 – Land Acquisition – Compensation to land owners – Constitutional validity of Section 20 – While considering the validity of Section 20 of the 1973 Act, it may be necessary to consider the question as to whether the expression “material resources of the community” would include private property. Matter remanded to HC. August 15, 2022 sclaw
Limitation Maxim lex fori, the Section provides that rules of limitation provided in a foreign jurisdiction are not applicable – However, the exception to this Rule is provided in Section 11 (2)(a), when the Contract i.e., the right itself expires – Similarly, Section 27 also recognizes the principle of extinguishment of Right to Property being an exception to the applicability of the Limitation Act, 1963. August 15, 2022 sclaw
Child Custody HELD the wish/desire of the child can be ascertained through interaction but then, the question as to ‘what would be in the best interest of the child’ is a matter to be decided by the court taking into account all the relevant circumstances August 15, 2022 sclaw
I P C Abetment of suicide – An FIR under Section 306 of the IPC cannot even be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, care-givers or anyone else. August 15, 2022 sclaw
Constitution Appeal against dismissal of writ for certificate Tax Deduction at Source (TDS) at the rate of 4% in respect of payments received by the Appellant from Oil and Natural Gas Company Ltd. towards work done out of India as well as within India. Judges differed matter put before CJI for orders as to bench August 15, 2022 sclaw
Service Service Law – Caste Verification – Correctness of report – Mere fact that the Caste Verification Committee gave a report of about candidates in a few days cannot be a reason to doubt the correctness of the report. August 15, 2022 sclaw
Rent Section 18, West Bengal Premises Tenancy Act, 1997 HELD the monthly rent due and payable would be Rs. 10,000/- per month which cannot be said to be more than ten thousand rupees as monthly rent, the plaint therefore rightly dismissed invoking Or 7 r 11 August 15, 2022August 15, 2022 sclaw
Cheque Dishonour CrPC) – Section 205 – Magistrate may dispence with personal appearance of accused – In any event there could be no justification for not dispensing with the personal appearance of the Appellants, when the Company had entered appearance through an authorized officer. HELD all directors summoned on the basis of a statement that they are in charge of and responsible for the conduct of the business of the company, without anything more, does not fulfil the requirements of Section 141 of the NI Act. August 15, 2022 sclaw
C P C HELD in a suit praying for putting up a boundary wall/fence filed by the plaintiffs, the High Court in a second appeal could not have given the findings that the defendants were entitled to only 10 cents as kudikidappukars. Trial court order restored August 15, 2022 sclaw
