Advocates Club

Advocates Club Blog

Service & Labour Law

DELHI HIGH COURT – THE ONUS OF PROVING THE RELATIONSHIP OF EMPLOYEE AND EMPLOYER LIES UPON THE WORKMAN

Delhi High Court Date of Judgement: 20.09.2016 During the course of the hearing, the learned counsel for the workman/petitioner was asked to show if there is any document to prove that the petitioner was ever paid any monies by the respondent or any other document to prove that there was an employer–employee relationship between the workman/petitioner and the employer/respondent, but no...

Cheque Bounce

SUPREME COURT OF INDIA – WHETHER A POST-DATED CHEQUE GIVEN AS “SECURITY” AND MENTIONED IN THE LOAN AGREEMENT IS COVERED BY SECTION – 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 OR NOT?

Supreme Court of India Date of Judgement: 19.09.2016 Whether the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is covered by Section 138 of the Negotiable Instruments Act, 1881 or not? The agreement recorded that post-dated cheques towards payment of installment of loan (principal and interest) were...

Criminal Law

SUPREME COURT OF INDIA – WHETHER A PRIVATE PERSON CAN BE PERMITTED TO CONDUCT AND ENGAGE A PRIVATE COUNSEL IN SESSION COURT TRIAL AND MAGISTRATE COURT TRIAL OR NOT?

Supreme Court of India Date of Judgement: 06.09.2016 A private person can be permitted to conduct the prosecution in the Magistrate’s Court and can engage a counsel to do the needful on his behalf but as far as session trial is concerned the legislative intention is manifestly clear that prosecution in a Sessions Court cannot be conducted by anyone other...

Civil Law / Property Law

SUPREME COURT OF INDIA – IN THE ABSENCE OF A REGISTERED INSTRUMENT THE COURTS ARE NOT PRECLUDED FROM DETERMINING THE FACTUM OF TENANCY FROM THE OTHER EVIDENCE ON RECORD AS WELL AS THE CONDUCT OF THE PARTIES

Date of Judgement: 29.08.2016 : Non registration of the document would cause only two consequences. One is that no lease exceeding one year is created and the Second is that the instrument become useless so far as creation of the lease is concerned. Thus in the absence of registration of a document, what is deemed to be created is a...

Property Law

SUPREME COURT OF INDIA – DOCTRINE OF TENANT’S ESTOPPEL-ONCE THE TENANT HAS ADMITTED THE TITLE OF THE LAND LORD OVER SUIT PROPERTY HE WILL BE ESTOPPED FROM QUESTIONING THE TITLE IN THE EVICTION PROCEEDINGS

Supreme Court of India Date of Judgement: 09.08.2016 “DOCTRINE OF TENANT’S ESTOPPEL” which governs the relationship of landlord and tenant is founded on a contract of tenancy entered into by them, is well settled. Jessel, M.R., who adverted to that doctrine in Stringer’s Estate, Shaw v. Jones-Ford explains it thus: “Where a man having no title obtains possession of land...

Matrimonial Law

SUPREME COURT OF INDIA – GRANT OF A DECREE OF DIVORCE BY MUTUAL CONSENT BY WAIVING THE SIX MONTH STATUTORY PERIOD OF WAITING

Supreme Court of India Date of Judgement: 04.08.2016 Grant of a decree of divorce by mutual consent by waiving the six month statutory period of waiting. Facts of the case :- Parties living separately for more than five years-Husband want to go USA and wife also has to think about her future-Decree of divorce granted by the Hon’ble Supreme Court...

Criminal Law

DELHI HIGH COURT – MATERIAL DISCREPANCIES IN STATEMENTS OF PROSECUTRIX – GUILT OF ACCUSED NOT ESTABLISHED – BENEFIT OF DOUBT – ACCUSED ACQUITTED

Delhi High Court Date of Judgement: 28.07.2016 No injury suffered by prosecutrix – No alarm raised – Possibility of physical relations between prosecutrix and Accused – Material discrepancies in statements of prosecutrix – Guilt of accused not established – Benefit of doubt – accused acquitted. Click Here To View Full Text Of Judgement

Criminal Law / Service & Labour Law

SUPREME COURT OF INDIA – EMPLOYEES OF A PUBLIC SECTOR UNDERTAKINGS ARE NOT A ‘PUBLIC SERVANT’ UNDER S. 197 CRPC

Supreme Court of India Date of Judgement: 29.06.2016 Deciding the question as to whether an employee of a Public Sector Undertaking can be considered to be ‘Public servant’ under Section 197 CrPC, the bench of Dipak Misra and Shiva Kirti Singh, JJ held that the protection by way of sanction under Section 197 CrPC is not applicable to the officers...

Civil Law

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...