important Decisions - 2010

important Decisions - 2010

(Published in Civil Court Cases, Criminal Court Cases & Apex Court Judgments

Jurisdiction of civil Court - Barred under a statute - Even then civil Court has jurisdiction when the statutory authority or Tribunal acts without jurisdiction. 2010(1) Civil Court Cases 545 (S.C.)

Notice sent by registered post at correct address - There is presumption of service, unless and until contrary is proved by the addressee. 2010(3) Apex Court Judgments 249 (S.C.)

Official document - Conflicting entries in official documents - In such a situation the entry made at a later stage has to be accepted and relied upon. 2010(3) Apex Court Judgments 159 (S.C.) : 2010(3) Criminal Court Cases 821 (S.C.)

Pleadings - Court can strike out any pleading at any stage of the proceedings when it is unnecessary, scandalous, frivolous or vexatious or where the Court is satisfied that the pleadings tend to prejudice, embarrass or delay the fair trial of the suit or which is otherwise considered as an abuse of the court. 2010(1) Apex Court Judgments 197 (S.C.)

Power of Attorney - Cannot be cancelled by filing complaints with the police.2010(2) Apex Court Judgments 215 (S.C.) : 2010(2) Civil Court Cases 579 (S.C.)

Proof beyond pleading - Has to be ignored. 2010(3) Civil Court Cases 305 (S.C.)

Proof beyond pleading - Statement made in absence of pleadings has to be ignored. 2010(2) Apex Court Judgments 655 (S.C.)

Service - Punishment - An employee can be reverted to a lower post or service - However, he cannot be reverted to a post lower than the post in which he entered service. 2010(2) Apex Court Judgments 535 (S.C.)

Service - Regularization - Illegality or irregularity in appointment - Service cannot be regularized irrespective of the length of time for which it has continued. 2010(2) Apex Court Judgments 223 (S.C.)