Specific Performance – Readiness and Willingness – Affidavit filed before the High Court for the first time – Procedure adopted by the High Court relying upon the affidavit in a First Appeal by which virtually without submitting any application for amendment of the plaint under Order VI Rule 17 CPC, the High Court as a First Appellate Court has taken on record the affidavit and as such relied upon the same. Such a procedure is untenable and unknown to law.
DNA Test – When the plaintiff is unwilling to subject himself to the DNA test, forcing him to undergo one would impinge on his personal liberty and his right to privacy.
Registration Act, 1908 – Sections 17(1)(b) and 49 – Non-registration of documents required to be registered – Family Settlement – Principles relating to the law of family settlement / family arrangement – Unregistered Family Settlement – Effect of.
Education – If imparting education is seen to be in public interest, such institutions have duties to their employees as well.
Penal Code, 1860 – Ss. 406, 418, 420, 427, 447, 506 & 120B r/w. 34 – In the order issuing summons, the Magistrate has to record his satisfaction about a prima facie case against the accused who are Managing Director, the Company Secretary and the Directors of the Company and the role played by them in their respective capacities which is sine qua non for initiating criminal proceedings against them.
Bail – Claim of Parity – Bail was granted to the co-accused primarily and substantially on the ground that she had a child of eleven months with her in jail. This cannot be the basis to a claim of parity on the part of the other accused. The accused cannot claim parity with the co-accused since the allegations in the FIR and the material that has emerged from the investigation indicate that a major role has been attributed to him in the murder of the deceased. AIR 2021 SC 4547 : JT 2021 (9) SC 512
Code of Civil Procedure, 1908 – Section 11, Order 14 Rules 1 & 2 – Res judicata – Whether can be decided as preliminary issue ? AIR 2021 SC 4523
Negotiable Instruments Act, 1881 – Section 138 – the gravity of complaint under N.I. Act cannot be equated with an offence under the provisions of the Indian Penal Code, 1860 or other criminal offences.
Narcotic Drugs and Psychotropic Substances Act 1985 – Under Section 37(1)(b)(ii), the limitations on the grant of bail for offences punishable under Sections 19, 24 or 27A and also for offences involving a commercial quantity are : (i) The Prosecutor must be given an opportunity to oppose the application for bail; and (ii) There must exist ‘reasonable grounds to believe’ that (a) the person is not guilty of such an offence; and (b) he is not likely to commit any offence while on bail. The standard prescribed for the grant of bail is ‘reasonable ground to believe’ that the person is not guilty of the offence.
Civil Law – Suit for Declaration, Injunction and Possession – Allegation of Encroachment – Second Appeal – Substantial Question of Law – Held, the High Court erred in not recording a finding on the question of law formulated later, to account for the Court Surveyor’s report, vis-à-vis the legal battle over the suit land. Without the decision on the relevant aspect which goes to the root of the dispute, the impugned judgment fails the scrutiny of law. AIR 2021 SC 4404