West Bengal Judicial Academy

Useful Judgments - Part 1

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1. Adverse possession
2. When the other co-owner did not object to the eviction, one co-owner could maintain  an action for eviction in the absence of others
3. The accused must be individually informed that Under Section 50(1) of the N.D.P.S Act, he has a right to be searched before a nearest gazetted officer or before a nearest magistrate.
4. After proper adjudication of the cases of all those who are found to be guilty of the offence of committing theft  of electricity, apart from the sentence of conviction , the court should invariably impose heavy fine
5. Examination of the basic and fundamental difference between a testamentary disposition and a settlement
6. The complaint under sec. 138 of the N.I. Act without signature is maintainable when such complaint is verified by the complainant and the process is issued by the magistrate after due verification.
7. Whether the seller is entitled to forfeit the earnest money deposit where the sale of an immovable property falls through by reason of the fault or failure of the purchaser.
8. A servant of a hotel cannot be said to be in possession of contraband belonging to his master unless it is proved that it was left in his custody over which he had absolute control
9. In view of the unambiguous language of sec. 21 of the Legal Services Authorities Act, every award of the Lok Adalat shall be deemed to be a decree of a civil court and as such it is executable by that court
10. To revisit the principle that time is not of the essence in contracts relating to immovable properties in view of the changed circumstances arising from inflation and steep increase in prices
11. Whether owner is liable if the offending vehicle was not insured and was under requisition of the State Government at the relevant time.
12. Sarla Verma & Othrs vs Delhi Transport Corporation & Anr
13. Whether for the purpose of deciding net monthly income of the deceased, the amount of voluntary contributions towards G.P.F etc., should be included or excluded from his salary
14. While examining the connotation of the term INCOME for the purpose of just compensation  not only the pay packet the employee caries home but also other perks which are beneficial to the members of the entire family
15. Contempt of a civil nature can be held to have been made out only if there has been a willful and conscious disobedience
16. Even in the case that the license was fake the insurance company would continue to remain liable unless they prove that the owner was aware or noticed that the license was fake and still permitted him to drive
17. Filing of complaint petition under section 138 of the N.I Act through power of attorney
18. Issue as to what should be the averments in a complaint under sec. 138 read with section 141 of the N.I Act against Director of a Company before he can be subjected to criminal proceedings
19. Once the anticipatory bail is granted then the protection should ordinarily be available till the end of the trial unless interim protection is curtailed.
20. The principles laid down by S.C  to decide whether a medical professional is guilty of medical negligence or not
21. Whether the multiplier specified in the second schedule should be a guiding factor for the calculation of the amount of compensation payable in a case falling under section 166 of M.V.Act
22. Principles  to be followed while dealing with an application for condonation of delay
23. Subsequent case under sec. 420 I.P.C is not barred though previous  Proceeding  under sec. 138 N.I Act is pending
24. Guidelines given by Hon'ble Supreme Court to Parliament for introducing a time-limit in section 19 of the Prevention of Corruption Act-1988 for it's working in a reasonable manner
25. The amended definition of the expression NPA under section 2(1)(o) of the SRFAESI Act,2002 is constitutionally valid
26. Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2)
27. Section 143(1A)  of the Income Tax Act 1961 can only be invoked where it is found on facts that the lesser amount stated in the return filed by the assessee is a result of an attempt to evade tax lawfully payable
28. Court's  territorial jurisdiction concerning criminal conplaints filed under chap. XVII of The N.I.Act-1881
29. Supreme Court stated the law on compensation for breach of contract under section 74 of The Indian Contract Act
30. Whether a contract for manufacture, supply and installation of lifts in a building is a contract for sale of goods or a work contract, for consideration of sale tax
31. When there is no negligence, inaction or want of bonafide is imputable to the appellants, the delay has to be condoned
32. Directions given by SC in NDPS Act cases
33. It is the prerogative of the Creditor alone whether he would move against the principal debtor first or the surety, to realize the loan amount
34. Whether the Limitation Act applies only to Courts and not to Tribunals
35. If a search is made in a public place, the officer taking the search is not required to comply with sub section (1) and (2) of section 42 of the NDPS Act
36. Section 147 of The N. I Act does not bar the parties from compounding an offence under section 138 of N.I Act even at the appellate stage of the proceeding
37. A violation of an interim or an interlocutory order passed by a court of competent jurisdiction ought to be viewed strictly if the rule of law is to be maintained
38. The National Tax Tribunals Act is unconstitutional. being the ultimate encroachment on the exclusive domain of the superior Courts of Record in India
39. A claim of juvenility may be raised at any stage even after the final disposal of the case
40. Once a person is allowed to compound a case as provided for under section 147 of the N.I Act, the conviction under section 138 of the said Act should also be set aside
41. Whether the respondent can be made liable in his personal capacity when the Company has not been made a party to the complaint, under N.I Act
42. Whether an assessment proceeding under the Central Excises and Salt Act, 1944, can continue against the legal representatives or estate of a sole proprietor or manufacturer after he is dead
43. The person challenging the act of the State as violative of Art. 14 has to show that there is no reasonable basis for the differentiation between the two classes created by the State
44. The proviso to Sec. 6(1) & Sub. Sec. (5) of Sec. 6 of Hindu succession Act clearly intend to exclude the transactions  prior to 20.12.04.Explanation cannot permit reopening of partitions which were  valid when effected
45. Mere possession and recovery of currency notes from the accused without proof of demand will not bring home the offence under section 7 of P.C. Act-1988, , since demand  of illegal gratification is sine-qua-non to constitute the said offence
46. Whether intellectual property such as trademarks, copyrights and know-how come within the definition of PLANT under The Income-Tax Act-1961
47. If the mediation is unsuccessful, then the mediator should only write one sentence in his report and send it to the court stating that the MEDIATION HAS BEEN UNSUCCESSFUL
48. Compensation that can be traced to section 32 of the N. I Act can be regarded as interest on loans and advances
49. Where the principle of STARE DECISIS should apply
50. If the parties fail to agree to appoint an arbitrator within 30 days from the receipt of a request made by one party to the other, then  and then only section 11 of the Arbitration  Act can be invoked
51. What is the time limit for filing the written statement or giving version of the opponent as per provisions of sec 13(2)(a) of the Consumer Protection Act, 1986
52. The High Court erred in law in directing the civil court to decide disputes in respect of Wakf property
53. The two expressions i.e KARTA and Manager may be understood to be not synonymous and the expression MANAGER may be understood as denoting a role distinct  from that of Karta
54. There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has it's business
55. That both the Tribunal and the High Court have erred in not following the rules laid down by this Court in not taking gross income of the deceased to determine the loss of dependency
56. Section 8(1)(d) can have no application to a case where joint family property passes to a single coparcener not by survivorship but by partition
57. A person below18 years at the time of the incident can claim benefit of the Act any time. Reference may be made to sec. 7-A and 20 of the Act and Rule 12 of the JJ Rules, 2007
58. Awarding of interest on the compensation, the Courts below have erred in awarding only  six percent interest p.a on the compensation awarded instead of nine percent p.a.
59. It is not necessary to implead all joint tort feasors and due to failure of impleadment of all joint tort feasors, compensation cannot be reduced to the extent of negligence of non-impleaded tort feasors
60. The liability of the guarantor is co-extensive with that of the principal debtor unless it is otherwise provided by the contract.
61. The mutation entries do not convey or extinguish any title and those entries are relevant only for  the purpose of collection of land revenue
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