SUPREME COURT OF INDIA – ORDER 8 RULE 5 CPC REQUIRES PLEADINGS TO BE ANSWERED SPECIFICALLY

Supreme Court of India Date of Judgement: 05.05.2016 It is settled law that denial for want of knowledge is no denial at all. The execution of the sale deed was not specifically denied in the written statement. Once the execution of the sale deed was not disputed it was not necessary to examine Buchamma to prove it. The provisions contained...

SUPREME COURT OF INDIA – EVEN NON-COMPOUNDABLE OFFENCES CAN BE COMPOUNDED WHEN THE TRANSACTION IS OF PRIVATE NATURE

Supreme Court of India Date of Judgement: 04.05.2016 When the dispute is purely of a personal nature or it arose out of private business dealings between two private parties and there is no public involvement in allegations against accused, courts can accept compromise even in criminal proceedings. Click Here To View Full Text Of Judgement

SUPREME COURT OF INDIA – A PRIOR APPROVAL FROM THE DIRECTOR OF EDUCATION, GOVT. OF NCT OF DELHI IS REQUIRED BEFORE TERMINATING AN EMPLOYEE BY THE SCHOOL MANAGEMENT

Supreme Court of India Date of Judgement: 13.04.2016 The respondent-Managing Committee in the instant case, did not obtain prior approval of the order of termination passed against the appellant from the Director of Education, Govt. of NCT of Delhi as required under Section 8(2) of the DSE Act. The order of termination passed against the  appellant is thus, bad in law. [Para No. 35 of the...

SUPREME COURT OF INDIA – EDUCATIONAL INSTITUTION IS AN INDUSTRY IN TERMS OF THE INDUSTRIAL DISPUTES ACT –THOUGH NOT ALL OF ITS EMPLOYEES ARE WORKMEN BUT THE DRIVER EMPLOYED BY A SCHOOL BEING A SKILLED PERSON IS A WORKMAN

Supreme Court of India Date of Judgement: 13.04.2016 The issue whether educational institution is an ‘industry’, and its employees are ‘workmen’ for the purpose of the Industrial Disputes Act, 1947 has been answered by a Seven-judge Bench of this Court way back in the year 1978 in the case of Bangalore Water Supply (supra). It was held that educational institution is...

DELHI HIGH COURT – THE LITIGATING PARTIES CANNOT ENTER INTO A COMPROMISE WHICH AFFECTS THE INTEREST OF THIRD PARTIES

Delhi High Court Date of Judgement: 18.03.2016 It is an elementary principle of law that no relief can be granted in a suit against a party not impleaded as a defendant. The litigating parties cannot enter into a compromise which affects the interest of third parties or casts a liability on them. It is the duty of a Judge to...

BOMBAY HIGH COURT- WHILE GRANTING ANTICIPATORY BAIL TO A MAN THE HON’BLE BOMBAY HIGH COURT OBSERVED THAT IF A MAJOR AND EDUCATED WOMAN GETS INTO PHYSICAL RELATIONSHIP WITH SOMEONE AND UNDERSTANDS ITS CONSEQUENCES, THEN IT WOULD NOT FALL UNDER THE AMBIT OF RAPE

Bombay High Court Date of Judgement: 10.03.2016 In the present case, a 25 years old man was accused of rape, cheating and criminal intimidation by his former 24 years old partner. In the complaint, she alleged that the accused had got her into a physical relationship on the pretext of marriage and later refused to marry her. Click Here To...

POWERS AND PROCEDURE OF DELHI CAW CELL (CRIME AGAINST WOMEN CELL)

In Delhi (CAW Cell) Crime Against Women Cell was established in 1983, under section 19 of the Delhi Police Act. After receiving a complaint from women, CAW cell examines the alleged offences, provide the assistance in reconciliation and prevents the miscarriage of justice, instead of straightaway registering the FIRs on complaints lodged by women. The first step in the CAW cell process...

SUPREME COURT OF INDIA – CAUSE OF ACTION ARISES WHEN THE REAL DISPUTE ARISES I.E. WHEN ONE PARTY ASSERTS AND THE OTHER PARTY DENIES ANY RIGHT

Supreme Court of India Date of Judgement: 12.02.2016 It shall now be consider the settled law on the subject i.e., cause of action. This Court in a catena of judgments has laid down that the cause of action arises when the real dispute arises i.e. when one party asserts and the other party denies any right. The cause of action in...