Important Judgments • October 2017

  1. The Supreme Court of India, in Vasant Rao Guhe vs. State of Madhya Pradesh, had held that the prosecution has failed to prove beyond all reasonable doubt the charge of criminal misconduct under Section 13(1)(e) of the Prevention of Corruption Act, 1988 and punishable under Section 13(2) thereof against the Appellant/accused. [(2017) 3 MLJ (Crl) 698 : LNIND 2017 SC 378] Read more
  2. The Madras High Court, in L. Rathanchand Sarma vs. Vinayaka Exports and Imports, Rep. by its Partners, Dr. A. Shanmugasundaram and Others, has held that the proviso to Sections 6(1) and 6(2) of Tamil Nadu Court-Fees and Suits Valuation Act, 1955 are intended for the benefit of the suitor and the same cannot be interpreted in a manner suggested by the learned Additional Advocate General so as to include a relief of rejection of plaint as an ancillary relief and thereby make them to pay the Court Fee payable in the suit in an appeal against an order rejecting a plaint. [(2017) 6 MLJ 752 : LNIND 2017 MAD 2808] Read more
  3. The Madurai Bench of Madras High Court, in K.K. Ramesh vs. State of Tamil Nadu, Rep. by its Chief Secretary, Fort St. George, Secretariat, Chennai – 600 009 and Others, had held that the Petitioner has not made out a case for issuing a Writ of Mandamus in exercise of the discretionary jurisdiction under Article 226 of the Constitution of India, 1950. [(2017) 6 MLJ 722 : LNINDORD 2017 BMM 3582] Read more 
  4. The Supreme Court of India, in Union of India vs. Board of Control for Cricket in India and Others, has held that under Section 3 of the Sports Act, 2007, the live feed received by Prasar Bharati from content rights owners or holders is only for the purpose of re-transmission of the said signals on its own terrestrial and DTH networks and not to Cable Operators so as to enable the Cable TV operators to reach such consumers who have already subscribed to a cable network. [(2017) 7 MLJ 201 : LNIND 2017 SC 413] Read more
  5. The Madras High Court, in Prist University, Rep. By its Deputy Registrar, Chennai 600 014 vs.   Registrar, State Consumer Disputes Redressal Commission, Park Town, Chennai 600 003 and Another, has held that when the Consumer Protection Act, 1986 provides for adequate remedy of approaching the competent forum at various levels, then, in complaint, pending on the file of the 1st Respondent/Registrar of State Consumer Disputes Redressal Commission, the filing of the instant writ petition by the Writ Petitioner/University is a per se, not maintainable. [(2017) 7 MLJ 249 : LNINDORD 2017 MAD 3124] Read more
  6. The Madras High Court, in Sushmitha Sen vs. State, Rep. By Department of Customs, Chennai – 600 001 and Another, has felt that when the Petitioner is appearing before the Trial Court for giving evidence, proper security arrangements be made to ensure smooth conducting of the trial on the particular day when the Petitioner was present. [(2017) 4 MLJ (Crl) 105 : LNINDORD 2017 MAD 3963] Read more
  7. The Delhi High Court, in Delhi Transport Corporation and Another vs. Braham Prakash, has held that in the light of the admitted factual position that the Respondent had, before his superannuation, made repeated representations seeking coverage under the Pension Scheme, the mere presence of an entry in the service book to the effect the Respondent had opted out of Pension Scheme cannot be a ground to reject the claim of the Respondent for pension. [[2017] 4 LLJ 45 : LNIND 2017 DEL 2225] Read more

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