NI Act S.138 - Offence cannot be adjudicated through the process of plea bargaining - 2017 (5) KHC 16 (SN)

Important Judgments (08/12/2017)

NI Act S.138 - Offence cannot be adjudicated through the process of plea bargaining - 2017 (5) KHC 16 (SN)

Burial and Burning Ground — Practice of cremating body of the dead in the private property of the family of deceased –  District Collector has no jurisdiction to pass prohibitory orders - 2017 (5) KHC 769

Paddy Land Act - Properties not included as paddy land in data bank – Building can be granted if property owner gets an order under Clause 6 of KLU - 2017 (5) KHC 765

Notaries Act, 1952 – Notary attesting power of attorney – However identity of the deponent not ascertained – Is fatal - 2017 (5) KHC 849 (DB)

CrPC S.164 – Any statement given by a person who is accused of an offence cannot be treated as a statement under S.32 of Evidence Act - 2017 (5) KHC 820 (DB)

Service – Appointment — Challenge to — When appointees are identifiable persons, they have been impleaded as party respondents – Resorting to paper publication not proper - 2017 (5) KHC 803  (DB)

Service – KSEB – Causing financial loss – Disciplinary proceedings – Appellate Authority taking disciplinary action – Not improper - 2017 (5) KHC 815

Execution – Amount decreed in an earlier suit between the parties – Cannot be set off in subsequent proceedings - 2017 (5) KHC 15 (DB) (SN)

NI Act S.138 - Accused even after undergoing the sentence can challenge the conviction in appeal - 2017 (5) KHC 17 (SN)

Burial and Burning Ground — Fundamental right is conferred on persons who follow customary or religious rites in the matter of cremation or burial of dead persons as per the respective traditions of the communities concerned - 2017 (5) KHC 769

An order which do not disclose any reason for rejecting the request made to refer the parties to arbitration, cannot be sustained - 2017 (5) KHC 796

Office of the Board of Governors of APJ Abdul Kalam Technological University – Membership is co terminus with the office by virtue of which the member was nominated - 2017 (5) KHC 801 (DB)

There is no mandate that a test identification parade should be conducted for identifying accused - 2017 (5) KHC 820 (DB)

WC Act – Commissioner directing payment of interest at the rate of 12% per annum from the date of accident – Held cannot be said as improper - 2017 (5) KHC 844  (DB)

CPC O.XIII Rule 9 – Return of admitted documents – In a case where Court has found that the deed is forged and for that reason it was set aside, petitioner is not legally entitled to maintain an application for return of documents unless and until the said finding is reversed by Appellate Court - 2017 (5) KHC 846

VAT S.74 — Order permitting to compound, if concluded, cannot be cancelled subsequently - 2017 (5) KHC 858