Law Herald

Custody of Child--Custody to Grandmother--Compelling a minor child at the tender age of 7 years to withdraw from the custody of his grandparents with whom he has been living for the last about 5 years may cause psychological disturbances--Custody of Child to remain with grandmother Bonafide Purchaser--Seller during pendency of injunction order executed sale deed to third party--Such sale deed has no sanctity of law and is illegal--Plea of bonafide purchaser by the said third party rejected Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996

Consumer--Films--Promotional Trailer--Absence of song shown in trailer from the movie in cinema does not amount to unfair trade practice Termination of Pregnancy--Pregnancy above 24 weeks--Opinion of Medical Board--Medical board must opine on the physical and mental health of the person by furnishing full details to the court Identification of Accused--Conviction only on the basis of identification of the accused in the Court for the first time after long period of the incident would not be sufficient for maintaining the same--Acquittal Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996

Quashing--Abdication of Duty--Undue Harassment--When there is no material against the accused, non-invoking of jurisdiction by High Court under Section482 CrPC would be abdication of jurisdiction Juvenile--Plea of Juvenility--Plea raised by the appellant could not have been thrown out without conducting proper inquiry Legal Representatives--Substitution of LRs--Claim by different persons during appeal--Procedure to be adopted by appellate court, discussed Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996

Taking of Cognizance--Private Complaint--If additional material alongwith Protest Petition is relied upon for taking cognizance then protest petition has to be treated as private complaint Termination--Without holding Disciplinary Proceedings--It is against principles of natural justice even if the appointed employee was not having requisite qualification. Murder--Place of Incident--Stab Injuries--Deceased was given blow with knife while watching movie in cinema--Discrepancy as to where the deceased, informant, accused and eye witness were sitting--Appellant acquitted Tutored Witness--Witnesses were called to the Police Station and were taught by the Police how to depose against the accused in the Trial Court--Appellant acquitted Murder--Eye Witness--Unnatural Conduct--Witness despite being father of deceased did not inform about dragging of dead body at the police chowki which was hardly any distance from place of occurrence--Acquittal Disclosure Statement--Before the Trial Court, Investigating Officer did not narrate the exact words spoken by the accused at the time of making the disclosure statement--Thus, Recovery Memo not proved Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996

Protection of Life & Liberty--Live-in-Relationship--Non Marriageable Age--Not a ground to deny their fundamental rights Accident--Claim Petition--Non-Joinder of Party--Not a ground to dismiss claim petition Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996

Injunction--Temporary Injunction--Appeal against order passed under O.39R.1 and R.2 is maintainable only when order is passed after hearing the parties Counter Claim--Cause of Action--A counter-claim cannot only be set up “against the claim of the plaintiffs” and the same can even be on a separate or independent cause of action Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996

Abetment to Suicide by Child--Hypersensitiveness--Student was scolded by Teacher for being weak in studies--If a particular student, who has a hypersensitive nature, commits suicide, then Teacher cannot be held liable--FIR quashed Abetment to Suicide--Hypersensitiveness--If a person committing suicide is hypersensitive, it would be unsafe to hold the accused guilty of abetment of suicide Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996

Juvenile--Appellant was declared juvenile during pendency of appeal against conviction--Conviction cannot be set aside and only sentence can be reduced in accordance with JJ Act Accident--Claim Petition--Change of Bus Number--Bus number was initially mentioned in the FIR on the statement of complainant and challan was filed accordingly--Later on the statements of claimants bus number was changed--MACT allowed application by Insurance Company to produce documents of vehicle which was mentioned initially--Application held to be rightly allowed. - Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996

Eviction--Impleadment of Owner--Tenant admitted he was inducted as a tenant by the landlord who was lessee--Municipal Corporation even though owner is not necessary party Dismissal from Service--Conviction in Criminal Case--Employer cannot be asked to retain an employee who has been convicted and awarded sentence of life imprisonment even though appeal against conviction is still pending--Impugned order of dismissal upheld. Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996

Injunction--Temporary Injunction--Necessary Party--In a suit filed by Cosharer qua his share against third party another Co sharer is not Necessary Party Proclamation Order--Quashing--Merely because arrest warrants was returned unexecuted for two or three times is not sufficient for Court to record its satisfaction--Proclamation order quashed Law Herald News For Full text judgment download app from Google Play Store: https://play.google.com/store/search?q=Law%20Herald%20News&c=apps&hl=en-IN --------------- For any query call at 81 96 96 9996