Important judgments (20/10/2017)

Important judgments (20/10/2017)

Senior Citizens Act – Scheme of the Act does not contemplate for resolving property disputes between or among members of a family - 2017 (5) KHC 1 (DB)

Campus politics – Political activities like dharna, hunger strikes and other practices like sathyagrah have no place in academic institutions - 2017 (5) KHC 13 (DB)

Co-operative Society – S.4(5) of Payment of Gratuity Act which enables an employee to opt for a better terms of gratuity will prevail over Second Proviso to Rule 59(iii) of Co-operative Societies Rules - 2017 (5) KHC 15 (FB)

Family Courts — If one of the parties desires that the proceedings should be held in camera, Family Court has no option but to so direct - 2017 (5) KHC 48 (SC) 

Rule 5 of Advocates’ Welfare Fund Rules is in conflict with Section 15 of Advocates’ Welfare Fund Act – Court reads down Rule 5 - 2017 (5) KHC 89

Family Courts Act — Once settlement fails and if both the parties give consent that a witness can be examined in video conferencing, that can be allowed - 2017 (5) KHC 48 (SC)

Answers given in answer to the leading questions put in the examination-in-chief are liable to be discarded - 2017 (5) KHC 75

There can be acquisition of part of building or house - 2017 (5) KHC 1 (SC) (SN)

Constitution of India – Custodial deaths - Supreme Court issues directions in the matter - 2017 (5) KHC 2 (SC) (SN)

IPC S.34 — Principle of vicarious liability enshrined by S.34 extends only to the extent of common intention shared by parties - 2017 (5) KHC 83 (DB)

Senior Citizens Act – A person’s obligation to maintain a senior citizen has nothing to do with prospect of his possessing senior citizen’s property or his succeeding to senior citizen’s estate - 2017 (5) KHC 1 (DB)

Campus politics – In academic institutions, politics or political activities cannot be permitted - 2017 (5) KHC 13 (DB)

Challenge in fixation of fair value of land – Can be raised in appeal before District Collector under Section 45A of Stamp Act - 2017 (5) KHC 24

Canara Bank — Service terminated with punishment of compulsory retirement in the year 1986 – Those retired prior to 29/09/1995 up to 01/01/1986 formed a single homogeneous group and Bank is not justified in extending the benefit of pension retrospectively from 29/09/1995 to 01/01/1986 - 2017 (5) KHC 26 (DB)

Evidence Act, 1872 S.32(1) – Mere suspicion or apprehension in the mind of maker shall not be placed under S.32(1)  - 2017 (5) KHC 35 (DB)

CrPC S.164 — Statement recorded by Magistrate under S.164 can be used only either for corroboration or for contradiction and cannot be accepted as a substantive piece of evidence - 2017 (5) KHC 35 (DB)

Family Courts — In a transfer petition, no direction can be issued for video conferencing - 2017 (5) KHC 48 (SC) 

NI Act S.138 – Mere admission of accused that he issued a signed blank cheque cannot mean that he has admitted to execution of cheque - 2017 (5) KHC 75

Any other Authority other than State Co-operative Election Commission holding election when S.28B of Co-operative Societies Act is in force is null and void - 2017 (5) KHC 79 (DB)