Read, Subscribe & Cite SUPREME LAWS TODAY (SLT Daily) VI (2014) SLT 642 EVIDENCE — Last seen theory — Only on ground that accused was seen with deceased in morning of date of incident and that they were not seen in that place for another two days, cannot, by themselves, lead to conclusion that it is appellant who authored crime. VI (2014) SLT 619 WITHDRAWAL FROM PROSECUTION — Court while giving consent under Section 321 of Code is required to exercise its judicial discretion and judicial discretion is not to be exercised in a mechanical manner — Court cannot give such consent on a mere asking. VI (2014) SLT 583 TITLE SUIT — Where a vendor sells without title in property but subsequently acquires title then a right accrues to purchaser to claim interest in the property and it automatically goes in favour of transferor. VI (2014) SLT 545 DISTINCTION — Sections 439 and 389, Cr.P.C. — Suspension of sentence pending appeal, release of appellant on bail — Section 439, Cr.P.C. is pre-conviction stage and Section 389, Cr.P.C. is post-conviction stage. VI (2014) SLT 533 INTERPRETATION OF STATUTES — If statute provides for a thing to be done in particular manner, then it must be done in that manner alone. VI (2014) SLT 518 CONTEMPT OF COURT — Parole — Grant of — Actual market value of property held by Sahara’s is many times more than circle rates for such property — Alternative ground urged for grant of parole also does not stand closer scrutiny — No concrete proposal with Sahara’s for sale of properties situated in India or abroad that may call for any negotiation by applicant. VI (2014) SLT 466 DISHONOUR OF CHEQUE — Territorial jurisdiction — If payee succeeds in establishing that inducement for accepting a cheque which subsequently bounced had occurred where he resides or ordinarily transacts business, he will not have to suffer travails of journeying to place where cheque has been dishonoured. VI (2014) SLT 466 Territorial jurisdiction — Once cause of action accrues to complainant, jurisdiction of Court to try the case will be determined by reference to place where cheque is dishonoured. VI (2014) SLT 466 Territorial jurisdiction — Place where complainant may present cheque for encashment would not confer or create territorial jurisdiction. VI (2014) SLT 466 Territorial jurisdiction — Return of cheque by drawee bank alone constitutes commission of offence and indicates place where offence is committed. VI (2014) SLT 466 Territorial jurisdiction is restricted to Court within whose local jurisdiction offence was committed which is where cheque is dishonoured by bank on which it is drawn. VI (2014) SLT 494 GIFT — “Transfer of possession“ of property covered by registered instrument of gift duly signed by donor and attested as required is not sine qua non for making of valid gift under provisions of T.P. Act. VI (2014) SLT 466 JUDICIAL DISCIPLINE — Binding Precedent — A Co-ordinate Bench is bound to follow previously published view; it is certainly competent to add to precedent to make it logically and dialectically compelling. VI (2014) SLT 449 LEASE — Immovable Property — Destruction of house/building constructed on lease property does not determine tenancy rights of occupant which is incidental to contract of lease which continues to exist between parties. VI (2014) SLT 427 FUNDAMENTAL RIGHT — Right to choose medium of instruction in primary school — A child, and on his behalf his parents or guardian, has right to choose medium of instruction at primary school stage under Article 19(1)(a) and not under Article 21 or Article 21A of Constitution. VI (2014) SLT 427 GOVERNMENT RECOGNIZED SCHOOLS — Government recognized schools will not only include Government aided schools but also unaided schools which have been granted recognition. SHARE IT IF YOU LIKE IT https://facebook/pages/DLT-Publications-Pvt-Ltd/148985855256175
Posted on: Fri, 05 Sep 2014 05:19:28 +0000
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