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 Legal Dictation-1 behind and beyond the decree.
Without following the procedures laid
We are of the view that this issue is no
under Civil Procedure Code, the N.C.L.T.
more valid after the clarification given
had passed the impugned240 order.
by the firm. These appeals are filed
N.C.L.T. had clearly stated that the
under Section 10 of the Companies Act,
properties of V.R. Associates are to be
1956 within the permissible period of
kept as security and only in the event of
limitation. On the date of filing these
remote need, the properties of V.R.
appeals, Section 434 of the Companies
Associates are to be conveyed to
Act, 2013 was not notified. In exercise
Omega Solutions and 7.80 acres to Jain
of the power conferred under Section
Brother and Company. Thus, it is very
419 of the Companies Act, 2013, the
clear through the above observation of
Central Government constituted
the Tribunal that the property is to be
National Company Law Tribunal and
held only as security and cannot to be
National Company Law80 Appellate
conveyed unless there is remote need.
Tribunal. On the same day, notification
While doing so,320 the N.C.L.T. erred in
issued for transfer of pending matters
vesting the land to the owner of the
or proceedings or cases before
property without any material or
Company Law Board to National
justification of remote need. The
Company Law Tribunal. Section 434
property is worth several times the
came into effect from that day. As far as
principal amount decreed and interest
the appeals against the order of
thereon. The property held as security
Company Law Board are concerned,
is greater in value than the money due.
any person aggrieved by any decision or
Therefore, this property cannot be
order of the Company Law Board made
conveyed. In the instant case, the
before such date may file an appeal to
Company Law Board gravely erred in
the High Court within 60 days from the
not considering amount due and the
date of160 communication of the
value of the property conveyed which is
decision or order of the Company Law
held only as security.401
Board to him on any question of law
arising out of such order. Learned
counsel made a comparison of the
operative portion of the C.L.B. order
ought to be executed and the order
SUBSCRIBE
passed in execution petition. He STENO RJ
submitted that the declaration relief
granted and vesting of the property are
 Legal Dictation-2 Company Law Board to execute240 its
own order. It enables Company Law
Further, the learned counsel appearing
Board to send execution petition to a
for the respondent, that is, Omega
Court in case of its inability to execute
Solutions submitted that after the
such order. It is left to the discretion of
order passed by the Tribunal, the order
Company Law Board that whether it
of the Company Law Board got clarified
has the ability to execute or not. So,
through the order of the Tribunal. At no
application of Civil Procedure Code in
point of time in the past, the appellants
general or order in particular case
had sought for extension of time to
under Companies Act, 1956 can be
honor their commitment of repaying
executed by the National Company Law
the invested money with interest. Due
Tribunal. N.C.L.T. executes its order.
to their failure to pay the money within
The guiding principle to be followed320
the time prescribed and no sign of
is the principle of natural justice. The
attempt 80to pay the money had
appellant’s case is not that executing
resulted in the remote need to invoke
the order has violated of principle of
the second limb of the Company Law
natural justice. The appellant’s
Board order, that is, the transfer of the
submissions proceed on a
land. The declaration of title and
fundamentally erroneous basis that the
vesting of the property is the natural
scope of this Tribunal's jurisdiction
consequence to the decree and not
under Section 10 is not limited to
beyond or behind the decree. The order
adjudication of questions of law arising
of the N.C.L.T. constituted under
out of the order, but also extends to
Section 10 of the Companies Act is to be
questions of facts in certain
enforced by N.C.L.T. itself. Only in case
circumstances. This is a misreading of
of inability to execute the order,160
the judgments of the Supreme Court.396
N.C.L.T. needs to send the case to the
Court. Therefore, these appeals lack
question of law and they are abuse of
law to prevent the original owner from
enjoying the fruits of the decree. In
exercise of its powers and the discharge SUBSCRIBE
of its functions, Company Law Board
has to be guided by principles of natural
STENO RJ
justice and shall act in its discretion. It
also has power to regular its own
procedure. Section 634 empowers
 Legal Dictation-3 cross-examination by the Learned
A.P.P.,240 one of the witnesses from
On 14.09.2021, patient visited A.I.I.M.S.
defence side stated that it is correct
Hospital again. As per the document on
that I personally did not examine the
the record of the case, she visited the
patient nor I had seen her complete
A.I.I.M.S. Hospital on 14.09.2021 with
case history. Whatever I have deposed
the history of hit over the abdomen by
today is on the basis of the documents
her husband at late night on the
shown to me in the Court. It is correct
aforesaid date. She also came with the
that miscarriage and pre-mature
history of pain in the abdomen and
delivery is not a disease itself and there
bleeding. On examination, she found to
could be a number of reasons for
have her B.P. as 160/110. It is also
miscarriage or premature delivery and
mentioned in the oral examination of
one amongst the said could also be 320a
the patient that on the aforesaid80 date,
hit upon the abdomen or high B.P. The
the patient was in distress and she was
general complications in an advance
having serious injury in the abdomen.
stage of pregnancy are high B.P.,
On examination of abdomen, uterus
diabetes, etc. On the basis of the
was of 34 weeks and heart sound was
documents shown to me in the Court, I
not localized. She was also having
can say that the patient was not the
bleeding in vagina. Her ultrasound was
case of habitual abortion. Only in case
also conducted on the aforesaid date
of any complication, the B.P. of the
and on ultrasound examination, it was
patient can fluctuate. Counsel for the
found that the heart activity of fetus
State submits that even the defence
was absent. As per the opinion of the
witnesses have not supported the case
Medical Officer of A.I.I.M.S. Hospital,
of the prosecution. 398
the cause of the separation could have
been160 either because of the hit over
the abdomen or due to high B.P. On the
basis of the aforesaid documents, I
cannot say that whether the patient
was a case of habitual abortion or not
SUBSCRIBE
because in pregnancy a patient can STENO RJ
develop high B.P. sometimes and there
is no record of the previous B.P. of the
patient. The tests of the patient were
conducted because of her earlier
history of having two abortions. In the
 Legal Dictation-4 case. On the fulfilment of240 the
condition, the same was recorded in
Subject to the provisions of this Section,
consonance with the provisions of the
a confession made by a person before a
said Act and the others implicated were
Police Officer not lower in rank than
facing a joint trial. The judgment
S.P. shall be admissible in the trial of
rendered by this Court has been
such person or co-accused, abettor or
incorrectly relied upon while applying
conspirator for an offence and it shall
the conclusions rendered in the same
be recorded by such Police Officer
to the controversy in hand. Reliance has
either in writing or on any mechanical
not been placed by the accused on any
device like cassette, tape or sound track
provision. The Chief Metropolitan
and sounds or images can be
Magistrate or the Chief Judicial
reproduced from it. Provided that co-
Magistrate shall record the statement,
accused, abettor or conspirator is
if any, made by the accused so
charged80 and tried in the same case
produced320 and get his signature and
together with the accused. Before
in case of any complaint of torture, the
recording any confession, the Police
person shall be directed to be produced
Officer shall explain to the person
for medical examination before a
making it that he is not bound to make
Medical Officer not lower in rank than
a confession and if he does so, it may be
of an Assistant Civil Surgeon. Section 18
used as evidence against him and such
overrides the mandate contained in
Police Officer shall not record any such
Sections 25 and 26 by rendering a
confession unless upon questioning the
confession as admissible even if it is
person making it and he has reason to
made to a Police Officer not below the
believe that it is being made voluntarily.
rank of Deputy Commissioner of Police.
There is no room for160 any doubt that
Therefore, confession made in police
the confession made by a person is
custody is inadmissible. 400
admissible not only against the person
who has made it, but also against
others. The link for determining
confession is not specific case. A SUBSCRIBE
confession may be admissible in any
number of cases or none at all. The
STENO RJ
author of the confessional statement
must be an accused and if it is used
against other persons, then such other
persons must all be co-accused in the
 Legal Dictation-5 nearby and Nisha took it. She walked up
behind the woman and began to beat
Actus reus refers to the act or omission
her with the broom. She purposely
that comprise the physical elements of
attacked the other woman as this was
a crime. Alternately, the actus reus
her intention and by hitting her
requirement can also be satisfied by an
repeatedly with the broom was her
omission. This is true only when the
action. It is pretty likely that Nisha will
individual had a duty to act and failed
face charges for committing a crime
to act. Criminal Law classically
because both mens rea and actus reus
describes offences as being composed
were involved. Mens rea is the intent320
of mens rea and the actus reus. The
a person has behind committing a
mens rea is the guilty mind and the
crime. Typically, there has to be intent
actus reus is the guilty act. It is not a
behind the crime, but this is not
crime merely80 to think guilty thoughts.
required in every situation. For
Guilty thoughts must be linked to an
example, if a person has committed a
act. An act which is not the result of a
crime which is a strict liability crime,
guilty mind is not a crime. Some
then the criminal intent element does
offences may be committed in the
not have to exist. Actus reus is the
absence of a guilty mind, but such
action the person takes to perform the
crimes are very much the exception and
criminal act. This is the physical action
they are rarely serious. Mens rea and
behind the crime. Nisha may blame her
actus reus are elements of criminal
actions on her own temper, but the
activity. For example, let us consider
nature of her crimes tends to make
your hypothetical relative Nisha. She
most of us believe that she is probably
has instigated a number of fights with
the one to blame.420
several160 other women in the last few
months. Some of her behaviour could
be explained by her being under a lot of
stress due to not being able to get her
dream job. One day, she saw another
woman at the grocery store that she did
SUBSCRIBE
not like. They had both been dating the STENO RJ
same man at one point and Nisha had
been hoping to teach the other woman
a lesson for a long time. The lesson was
to stay away240 from any man Nisha had
an interest in. There was a broom
 Legal Dictation-6 withdrawn. It was further argued that
since the lawyers in the States of
This appeal is a sequel to an
Punjab, Haryana and the Union
unfortunate, wherein an advocate, his
Territory of Chandigarh were on strike
wife and a child aged about two years
for more than240 six weeks and were
were alleged to have been abducted
demanding an independent inquiry into
and murdered. The lawyer fraternity in
the mysterious and tragic death of the
general and the advocates practising at
advocate and his family, it would be in
the High Court and the District Courts in
the interest of justice to finally
the States of Punjab, Haryana and the
adjudicate on the points raised in the
Union Territory of Chandigarh were not
writ petition. The Bench, however,
satisfied with the police investigation.
rejected the contention and dismissed
The Punjab and Haryana High Court Bar
the writ petition as withdrawn. The
Association demanded a judicial inquiry
tone and tenor of the petition is the
into the occurrence by 80a sitting Judge
hardship caused to the litigant public
of the High Court or a District Judge or
due to the strike by the counsels. No
a Vigilance Judge. Their demand was
stranger can challenge conviction or320
not acceded to by the State
other adverse order. Such action can be
Government. Therefore, the Bar
taken by the person concerned and
Association went on indefinite strike.
where such person is under a disability,
Later on, the District Bar Associations in
then it can be done by his next friend,
the States of Punjab, Haryana and the
etc. Bar Association of Punjab and
Union Territory of Chandigarh also
Haryana High Court formed an Action
went on strike by stopping the
Committee for the release of advocate,
functioning of the Courts throughout
his wife and two year old son who were
the jurisdiction of the Punjab and
alleged to have been abducted or
Haryana High Court. Mr G.S. Grewal,
detained by the Ropar Police. They met
Senior Advocate appearing for the
the Deputy Commissioner, Ropar at his
160Punjab and Haryana High Court Bar
residence and told him about their
Association, Mr. H.S. Hudda, Senior
concern regarding advocate and his
Advocate appearing for the Bar Council
family.407
and Mr S.C. Mohanta, Senior Advocate
appearing for various other Bar
associations vehemently contended SUBSCRIBE
that the writ petition was in the nature
of a Public Interest Litigation and the
STENO RJ
same could not be allowed to be
 Legal Dictation-7 there is a time bound moratorium
against debt recovery actions and if any
Shri Kamal Sehgal, learned counsel
new case has been filed, moratorium
argued that Sections 134 or 135 have
on 240debt recovery action should be
no application in the present case.
done. Since the motivation behind the
Corporation was slashed by an
moratorium was that it is value
operation of law. The liability of the
maximization for the entity to continue
surety is co-extensive with the principal
operations, there would be no
debtor. This does not affect the right of
additional stress on the business after
creditor to recover the amount scaled
the public announcement of the I.R.P.
down by operation of law. Therefore,
The order for the moratorium imposes
the fact is that the principal debtor
a stay not just on debt recovery actions,
stands absolved by virtue of an order. It
but also on any claims or expected
will not absolve the surety of its liability
claims from old lawsuits or on new
in80 terms of the fact that he stood as a
lawsuits for any manner of recovery
guarantor. Corporation has a right to
from the entity. The moratorium will320
recover from the guarantor the amount
be active for the period over which the
due and payable by the principal debtor
I.R.P. is active. Moratorium period is to
in terms of the guarantee executed by
ensure the suspension of debt
the petitioner. He would submit that
collection actions by the creditors and
the moratorium period has been
to provide time for the debtors and
referred by the Bankruptcy Law
creditors to re-negotiate their contract
Reforms Committee as the calm period
and this requires a moratorium period
and no disturbance is permissible.
in which there is no collection or other
Other than by way of lease, it is clear
action by creditors against the debtors.
that even possession of a corporate
It was observed that there is no
debtor is protected.160 Bankruptcy Law
difference between a case in which the
enshrines a calm period where
mortgagor was adjudicated insolvent
creditors stay their claims. This gives a
on the date of the institution of the suit
better chance for the firm to survive as
and the case in which the mortgagor is
a going concern for the period of 180
adjudicated insolvent during the
days. Committee recommended that
pendency of the suit. 421
the assessment must ensure a calm
period where the interest of the
creditors can be protected without
disrupting the running of the
enterprise. During insolvency period,
 Legal Dictation-8 the riverbed is immovable property
because240 it amounts to profit a
The essential ingredients of a valid
person. This sand also includes the
attestation are that there must be two
future sand which will be deposited in
or more witnesses in all cases where a
the riverbed. A right to pluck or collect
document is required by the Act to be
leaves for a period of ten years from a
attested. Each witness must have
forest is an immovable property
signed either after seeing the executant
because the leaves will continue to
sign or affix his thumb mark to the
derive nutrition from the soil over a
instrument or seeing some other
period of ten years. A person who has
person signing the instrument in the
no title or interest in an immovable
presence and by the direction of the
property, he cannot transfer that
executant or receiving personal
property. If he does so, the transfer320
acknowledgment of his signature or
is by an unauthorized person. Section
mark or of the signature80 of such other
43 provides that if a person having no
person from the executant. Each of the
authority to transfer an immovable
two attesting witnesses must have
property, then he is estopped from
signed the instrument in the presence
denying the transfer when he acquires
of the executant. Conditional transfer is
such authority. If a person promises
given in Section 25. According to
more than he can perform, then he
Section 25, an interest created on a
must fulfil the promise when he gets
transfer of property and dependent
ability to do so. If he never gets the
upon a condition fails if the fulfilment
authority to transfer, then this would
of the condition is impossible or is
not apply. A transfer made with intent
forbidden by law or is of such a nature
to delay or defeat the creditors of the
that if it is permitted, it would defeat
transferor is called a fraudulent
the provisions of any160 law or is
transfer. 407
fraudulent or involves or implies injury
to the person or property of another or
the Court regards it as immoral or
opposed to public policy. Ram gives Rs.
500/- to Mohan on condition that he
SUBSCRIBE
shall marry his daughter Mary. At the STENO RJ
date of the transfer, Mary was dead.
The transfer is void as fulfilment of the
condition is impossible. Transfer of a
right to collect sand for one year from
 Legal Dictation-9 interests of a few powerful or 240rich
persons. If the sugar barons and the
Before we proceed to deal with the
alcohol kings have the Fundamental
facts giving rise to this writ petition, we
Right to carry on their business and to
may repeat what we have said earlier in
fatten their purses by exploiting the
various orders made by us from time to
consuming public, have the Chamars
time dealing with Public Interest
belonging to the lowest strata of
Litigation. We wish to point out with all
society no Fundamental Right to earn
the emphasis at our command that
an honest living through their sweat
Public Interest Litigation is a strategic
and toil? The former can approach the
arm of the legal aid and is intended to
Courts with distinguished lawyers paid
bring justice within the reach of the
in four or five figures per day. But, if the
poor masses who constitute the low
Fundamental Right of the poor and
visibility area80 of humanity. It is a
helpless victims320 of injustice is sought
totally different kind of litigation from
to be enforced by Public Interest
the ordinary traditional litigation which
Litigation, the so called champions of
is essentially of an adversary character
Human Rights frown upon it as waste of
where there is a dispute between two
time of the Court and according to
litigating parties, one making claim or
them, Supreme Court should not
seeking relief against the other and that
engage itself in such small and trifling
other opposing such claim or resisting
matters. Poor have no faith in the
such relief. Public Interest Litigation is
existing social and economic system.
brought before the Court not for the
The first objection raises the question
purpose of enforcing the right of one
of locus standi of the petitioners to
individual against another as happens
maintain the writ petition.392
in the case of ordinary litigation, but160
it is intended to promote and vindicate
public interest which demands that
violation of rights of large number of
poor or ignorant people should not go
unnoticed. It forms one of the essential SUBSCRIBE
elements of public interest in any STENO RJ
democratic form of Government. It
does not mean that the protection of
the law must be available only to a
fortunate few or that the law should be
allowed to be prostituted by the vested
 Legal Dictation-10 deposition that the accused obstructed
her on a road near the house of his
The appellant is a businessman doing
neighbor and alleged that the
petty business. The complainant claims
complainant owed him money. The
to be a tribal and reported to the police
complainant also240 spoke of an assault
on 2nd May, 2021 that the accused
to outrage her modesty by demolishing
obstructed her on public way by
her bicycle. In cross-examination, she
catching hold of her bicycle,
denied that the accused was pulling her
manhandled her and snatched her
bicycle while demanding credit dues
bicycle towards a loan. She further
from her. She denied having made a
alleged that her bangles got broken,
statement to this effect before the
she fell down and got injured. An
police. It may be seen from her report
offence punishable under Atrocities Act
that the accused had snatched away
was registered and the investigation
her bicycle after manhandling her and
was completed in pursuance thereof.
kept the bicycle at his house. Then, he
Learned Special Judge80 charged the
showed her a diary of loan taken by her
appellant of the offence punishable
from him and 320told her that he would
Under Section 354 of the Indian Penal
not return the bicycle till she paid the
Code and Section 3 of the Atrocities
loan. While so saying, the accused
Act. The accused pleaded not guilty and
allegedly manhandled her and as a
hence, was put on trial. In its attempt to
result of this, her bangles broken and
bring home guilt of the accused, the
she sustained some injuries. It was also
prosecution examined six witnesses in
alleged that he made explicit
all. Upon consideration of the evidence
suggestions to her to stay with him as
tendered before him, the Learned
wife or as maid servant and caught her
Special Judge held that the prosecution
hand. Now, the story given in F.I.R.
proved the charge for the offence
shows that there were two separate
punishable under Section 3 of the
incidents. First is the story where the
Atrocities Act160 and therefore,
accused had snatched away
proceeded to convict and sentence the
complainant's bicycle. 406
appellant as aforementioned. Accused
asked her either to stay as his wife or
wash utensils in his house. The accused
allegedly caught hold of her hand and
SUBSCRIBE
broken the bangles of her. Next is the STENO RJ
question of nature of assault. The
complainant had stated in her
 Legal Dictation-11 was under a statutory duty to240 take
reasonable care of the said vehicles
It would appear from these provisions
which were liable to be returned to
that the seizure of the said vehicles was
their owner. Once the order of seizure
carried out with jurisdiction and the
and confiscation was held to be wrong,
order of confiscation was also made. It
the respondent could rely on that
is also possible to contend that as the
obligation and claim the return of the
said vehicles were sold pursuant to a
said vehicles. On behalf of the
judicial order, no liability can be
respondent, the contention urged was
attached on the State Government for
that the seizure might be lawful, but
their disposal by public auction. But,
the State Government was in a position
between their seizure and the auction,
of a bailee and was, therefore, bound to
there was a duty implicit from the
take reasonable care of the said320
provisions of the Act to take
vehicles. No such reasonable care was
reasonable80 care of the property
taken and the vehicles remained totally
seized. This is so because .the order of
uncared. State filed the reply that there
confiscation was not final and was
was no bailment nor can such bailment
subject to an appeal and a revision
be inferred. It can arise only under a
before the Revenue Tribunal. State was
contract between the parties. This
aware that the order of seizure and
contention is not sustainable. Bailment
confiscation was not final being subject
is dealt only in cases where it arises
to an appeal and was liable to be set
from a contract, but it is not correct to
aside either in appeal or in revision. It
say that there cannot be a bailment
was also aware that if the said order
without an enforceable contract. It is
was set aside, the property would have
not necessary to incorporate into the
to be returned to160 the owner in the
agreement and to prove a
same State in which it was seized. In
consideration.406
spite of this clear position, the appeal
was still pending before the Revenue
Tribunal and without waiting for its
disposal, it allowed to have it disposed
of as unclaimed property. The State
SUBSCRIBE
Government was fully aware by reason STENO RJ
of the pendency of the appeal. The
vehicles were and could not be said to
be unclaimed property. In the
circumstances, the State Government
 Legal Dictation-12 case needs reconsideration by a larger
Bench if not by the Full Court. Learned
This reference to the Constitution
counsel opposed the request for
Bench raises a question in regard to the
referring the matter to a larger Bench
validity of capital punishment for
because such240 a course would only
murder provided in Section 302 of
mean avoidable delay in disposal of the
Indian Penal Code. In view of the ratio,
matter. It was made clear that the
the Courts below were not competent
validity of the death penalty for murder
to impose the extreme penalty of death
was sought to be challenged on
on the appellant. It was submitted that
additional arguments and changes in
neither the circumstance that the
law. These circumstances must be
appellant was previously convicted for
given great weight in the determination
murder and committed these murders
of sentence. Some of these factors like
after he had served out the life
extreme youth can be of compelling
sentence nor the fact that these80 three
importance. Child is a person who was
murders were extremely heinous. It is
less than 18 years of age at the date of
permissible to swing a criminal if the
murder. He cannot320 be tried,
security of State and society, public
convicted and sentenced to death or
order and the interests of the general
imprisonment for life for murder and
public compel that under Article 19(2).
cannot be dealt with according to the
The majority has held that such
same criminal procedure as an adult.
extraordinary grounds alone qualify as
Juvenile Justice Act provides for a
special reasons as they leave no option
reformatory procedure for such
to the Court, but to execute the
juvenile offenders or children. There
offender if State and society are to
are numerous other circumstances
survive. This does not matter that how
justifying the passing of the lighter
gruesome the killing or pathetic the
sentence. Nonetheless, it cannot be
situation was.160 It is equally beyond
emphasized that the scope and concept
the functions of a Court to evolve
of death penalty must receive a liberal
imposition of death sentence or to
and expansive construction by the
make law by cross-fertilization from
Courts. Hanging of murderers has never
current national developmental goals.
been too good for them.406
This function belongs only to
Parliament. The Court must administer
the law as it stands. Learned Solicitor
General submitted with some
vehemence and persistence that this
 Legal Dictation-13 When the condition imposed is
complied with, it is deemed to have
Transfer means an act by which a
been fulfilled. Under Section240 25,
property is transferred from one or
when the condition imposed becomes
more living persons to another. Such a
impossible or unlawful or immoral to be
transfer can take place in present or in
complied with, the interest accruing in
future. A person can transfer his
the transfer of such property fails.
property to one or more living persons
Where the condition is void, the
or to himself. Transfer of property can
transfer becomes void too. A condition
take place in the form sale, exchange,
which no longer can be fulfilled in any
gift, mortgage, lease, actionable claim
circumstance is said to be impossible. A
or charge under the Transfer of
condition precedent may become
Property Act 1882. According to the
impossible to be performed when the
Section 3 of Transfer of Property Act,
subject matter is destroyed or there is
attestation80 means that a person has
no means to fulfil such a condition.
signed the document by way of
When the condition imposed320 is
testimony of the fact that he saw it
unlawful or forbidden by the law or
executed. A person who is a party to
defeat the provisions of law or
the deed cannot be allowed to sign the
fraudulent or opposed to the public
instrument as an attesting witness
policy and is immoral or injures any
under any circumstances. When an
person or property, then the transfer
interest is created in the transfer of a
becomes void. Condition subsequent is
property, but the vesting of such
a condition which is required to be
interest is dependent on the fulfilment
fulfilled after the transfer of a property.
of a condition prior to the transfer, then
The interest vested in the transferee
this condition imposed is called a
after the transfer of property is affected
condition160 precedent. In other words,
by the completion or non-completion
the condition must be fulfilled before
of a condition after the vesting of the
the transfer is executed by the
interest resulting from the transfer. 403
transferor. The condition imposed must
be fulfilled before the actual transfer
takes place. The interest created in the
transfer will vest in the transferee after SUBSCRIBE
the fulfilment of the condition. When
the condition precedent becomes
STENO RJ
impossible or immoral to be performed
the transfer will be declared as void.
 Legal Dictation-14 other person in authority shall offer or
make240 or cause to be offered or made
If reduced into writing, then no
any such inducement, threat or
statement made by any person to a
promise as is mentioned in Section 24
Police officer in the course of an
of the Indian Evidence Act, 1872. But,
investigation under this Chapter shall
no Police Officer or other person shall
be signed by the person making it or
prevent any person from making in the
any part of such statement or record be
course of any investigation under this
used for any purpose. When any
Chapter any statement which he may
witness is called for the prosecution in
be disposed to make of his own free will
such inquiry or trial, then any part of his
and consent. Nothing in this Section
statement may be used by the accused
shall affect the provisions of Section
and with the permission of the Court, it
164 of the Code of Criminal
can also80 be used by the prosecution to
Procedure,320 1973. Whether any
contradict such witness in the manner
Metropolitan Magistrate or Judicial
provided by section 145 of the Indian
Magistrate may have jurisdiction in the
Evidence Act, 1872 and when any part
case or not, he can record any
of such statement is so used, then any
confession or statement made to him in
part may also be used in the re-
the course of an investigation under
examination of such witness, but only
this Chapter or under any other law for
for the purpose of explaining any
the time being in force or afterwards or
matter referred to his cross-
before the commencement of the
examination. Nothing in this Section
inquiry or trial. No confession shall be
shall be deemed to apply to any
recorded by a Police Officer on whom
statement falling within the provisions
any power of a Magistrate has been
of Section 32 of the Indian160 Evidence
conferred under any law for the time
Act, 1872 or to affect the provisions of
being in force. 405
Section 27 of that Act. An omission to
state a fact or circumstance in the
statement may amount to
contradiction if the same appears to be
significant and relevant. It shall have SUBSCRIBE
regard to the context in which such STENO RJ
omission occurs and whether any
omission amounts to a contradiction in
the particular context shall be a
question of fact. No Police Officer or
 Legal Dictation-15 exclusively entitled to deal with songs
and commercially exploit the same.
The appellant has filed a commercial
According to appellant, he has invested
suit against the respondents regarding
a substantial amount in producing
copyright of two music videos. The
songs. Company was the exclusive
appellant has sought a declaration that
producer and owner of the copyrights
Respondent No. 1 owns copyright and
in240 songs and Respondent Nos. 2 to 6
has prayed for an injunction against
committed infringement of copyrights
Respondent Nos. 2 to 6. In the interim
of Respondent No. 1 and they should be
application taken out by appellant in
restrained by order of injunction from
suit, an interim order was passed by
dealing with songs in any manner.
consent of parties. However, later on,
Appellant also sought compensation
upon an application filed by
for the infringement of copyrights. The
Respondent Nos. 2 and 3, the Learned
other reliefs ancillary to the main reliefs
Single Judge has varied the consent80
were also prayed. In the alternative, it
order. Challenging this order, the
was prayed to modify the order to the
appellant is before us by this
extent that they be allowed to release
commercial appeal under Section 13 of
and exploit the suit songs and that they
Commercial Courts Act, 2015. Company
would maintain320 and submit accounts
was set up to produce sound, audio,
in Court. Hon’ble Court observed that
music videos and to promote or publish
the interlocutory consent order could
the same. Appellant and Respondent
be set aside by an application in the
No. 2 each hold 50% shares. Shiv
same suit, but for that, proper grounds
Tandon is the brother of respondent.
must exist. Thus, the parties should be
Similarly, Defendant Nos. 5, 6, 7 and 8
generally made bound to the consent
are individual entities in the same
freely given even in an interlocutory
profession whom the appellant joined
order. Such interlocutory consent order
as parties to suit as appellant has160
should not be readily set aside or
alleged that they have colluded with
recalled unless the Court is satisfied
respondents. Appellant filed
that there are valid grounds. Having
Commercial I.P. Suit No. 7101/2020 on
agreed to a particular course of action.
11th August, 2020 and made them
399
defendants. The suit was regarding
copyright of two music videos.
Company has produced the songs by
utilizing investment amount.
Respondent No. 1 is solely and
 Legal Dictation-16 imposition of a condition will operate
to deprive the very maintenance order
The appellant is the wife of first
to be paid. The240 conduct of D.N.A. test
respondent. The respondent-husband
of the male child in question is not
has filed a petition under Section 13 of
warranted in this case. The limitations
the Hindu Marriage Act, 1955 before
to be observed in compelling any
the Court of Learned District Judge,
person to give a sample of blood
Ludhiana seeking dissolution of the
against his or her will for D.N.A. analysis
marriage by grant of a decree for
is the branding of a child as a bastard
divorce on the grounds of alleged
and the mother as an unchaste woman.
adultery and cruelty. There is no
It was made clear that no adverse
dispute over the fact that out of the
inference can be drawn against the
lawful wedlock, the appellant has given
person for his refusal. Such an order
birth to three daughters and one. There
could not and ought not320 to have
is another son who is80 also living with
been made at this stage. In the matter,
the appellant-wife. The respondent-
the law is governing the consideration
husband would raise doubts about the
and passing of any order in respect of a
details of parentage of the said child.
claim for D.N.A. test. If a party to a
Having regard to the fact that a limited
proceeding cannot be compelled
notice has been issued in this case, it is
against his or her wish to undergo any
unnecessary to deal with the details
such test, we fail to see that how the
with reference to the claims made by
Court on its own could have imposed a
the respective parties about the details
condition without any consideration of
of income of either of the parties.
any of the criteria laid down by this
Notice is confined to the question with
Court and whatsoever it is. 401
regard to the order for conducting a
D.N.A. test of the160 child. The learned
counsel for the appellant strenuously
contended that the conduct of the
parties requires to be adjudicated and
it has no relevance at the stage of
SUBSCRIBE
granting interim or pendente lite STENO RJ
maintenance and that the
consideration in this regard has to be
confined to the criteria specified in
Section 24 of the Hindu Marriage Act,
1955. It was also pointed out that
 Legal Dictation-17 Vimla are widow and daughter of the
deceased respectively. They have
The deceased was accused of
stated that deceased was arrested in
murdering two persons. He murdered
the night of and 240was beaten by boots
his own nephew and the maternal
and the rods. He died because of the
uncle of the killed nephew. The
torture. D.W.-1 Shri Umesh Mishra was
deceased was arrested. According to
Station House Officer at the relevant
family members, he was arrested in the
time. He has stated that he was present
night of 22nd January, 2021 and was
at the time of the arrest. The deceased
tortured and beaten in police custody
received injuries during his arrest and
to death on 24th January, 2021. This
was not tortured. D.W.-2 Shri Santosh
was reported in the newspapers.
Kumar, Head Constable and D.W.-4 Shri
People's Union for Civil Liberties has
Satwant Singh, Constable stated that
filed the present writ petition. It has
the deceased was arrested in the
annexed those newspaper reports and
afternoon and entries in the record
made the allegations80 on the basis of
were made. He was not320 tortured in
newspaper reports. It was prayed that
the police custody. D.W.-6 Dr. Basant
C.B.I. may investigate the case. Action
Kumar Mehrotra, Medical Officer,
be taken against erring Police Officers
P.H.C. examined the deceased. He says
and compensation may be awarded to
that the deceased was in his senses.
the next kin of the deceased. The State
There was no injury on the vital part
has filed a counter affidavit. They admit
and was referred to the R.K. Medical
the arrest, but dispute the time. They
College. D.W.-8 Dr. O.P. Bunkar,
stated that he was arrested in the
Medical Officer, R.K. Medical College
afternoon of 22nd January, 2021. They
stated that there was no internal injury.
admit that he died in the police
The reason of death could not be
custody, but deny any torture. They
ascertained, but it appears that he died
admit injuries, but stated 160that
due to choking of windpipe by coffee
injuries are neither cause of the death
coloured liquid. 400
nor were they caused by police torture.
They claim that it was not an unnatural
death. Considering this, a Division
Bench of this Court directed the District SUBSCRIBE
Judge to conduct a detailed judicial STENO RJ
inquiry by himself or by other
Additional District Judge nominated by
him. P.W.-1 Smt. Kanta Devi and P.W.-2
 Legal Dictation-18 question was that whether interest
paid to the Northern Railway and240 the
The funds were raised through
Punjab Government in respect of the
convertible debentures with a view to
capital borrowed for purposes of the
raise capital and therefore, it would be
assessee's business was allowable and
capital expenditure. In the case of
in that connection, borrowing came up
Punjab State Industrial Development
for consideration and it was held that
Corporation Limited, it was a case of
the term borrow has not been defined
loan that was held to be not an asset
in the Act and therefore, its dictionary
and it was to secure finance for a
meaning has to be looked up. The
certain period. A loan has to be repaid,
meaning of the word borrow given in
but in the matter of conversion of
the Oxford Dictionary as to take a thing
debenture into a share, the money is
on security given for its safe return. To
never repaid, but appropriated towards
take a thing on credit320 on the
capital.80 Therefore, convertible
understanding of returning it or an
debenture is not a loan. Intention in this
equivalent is borrowing. There has to
case was to raise share capital and not
be a positive act of lending which
to raise the money by way of a loan.
should be coupled with acceptance by
Money received is not to be refunded in
the other side of the money as a loan.
both the cases. Both are in the nature
Thus, it is clear that an element of
of securities listed in the Stock
refund or repayment is inherent in the
Exchanges. In both the cases intention
concept of borrowing. Corporation may
is to get back the investment by the
redeem the shares or stocks of the
subscribers. No option is given for
parties. There is no provision in the Act
conversion after allotment of
which contemplates the repayment of
debenture. The calculation of income
the capital. Due to statutory provision,
from share 160and debenture stocks
the Governments are obliged to
recognizes the fact that it was
provide capital.409
potentially a share. It is to raise capital
by issue of equity shares via media. The
loan or borrowings are retained by
converting into equity shares. The SUBSCRIBE
expenditure for raising the same could
not be held allowable deduction. If
STENO RJ
interest was not paid on borrowings,
then the capital of assessee was held to
be not allowable. In this case, the
 Legal Dictation-19 been drawn up accordingly and the
same is not at variance with the
Section 20 of the Code of Civil
judgment. The plaintiff wants the Court
Procedure provides that ubject to the
to amend the decree by adding an
limitations aforesaid, every suit shall be
order for payment of interest. This
instituted in a Court within the local
cannot be treated as a clerical or
limits of whose jurisdiction the
arithmetical mistake arising from any
defendant or each of the defendants
accidental slip or omission. Therefore,
actually resides or carries on business
the application is liable to be rejected.
or personally works for gain at the time
If Rajesh is aggrieved by the decree, the
of the commencement of the suit or the
proper course for him is to apply for a
leave of the Court is given for the
review of the320 judgment or to appeal
defendants who do not reside or carry
from the decree. But, the fact remains
on business or personally work for
that Sections 151 and 152 of the Code
80gain or the cause of action arises
are not attracted to such a case. Now, it
wholly or in part. In the present case, at
is settled by a large number of decisions
Varanasi, Ajay and Manish executed
that for a judgment to operate as res
the joint promissory note payable on
judicata between codefendants, it is
demand. In other words, the contract
necessary to establish that there was a
was made at Varanasi. It is a settled
conflict of interest between co-
proposition of law that the making of
defendants or it was necessary to
the contract is a part of the cause of
decide the conflict in order to give the
action and as such, a suit can be filed on
relief which the plaintiff claimed in the
the basis of the said finding at Varanasi
suit and that the Court actually decided
where the cause of action 160arose.
the question. 410
Once the judgment is signed by a Judge,
it shall not be altered or amended
afterwards except as provided in
Section 152 or review. Section 152 of
Code states that clerical or arithmetical
mistakes in a judgment, decree or order SUBSCRIBE
or errors arising from any accidental STENO RJ
slip or omission may be corrected by
Court either of its own motion or on the
application of any of the parties. In the
case in hand, the judgment is silent
about the240 interest. The decree has
 Legal Dictation-20 puts private wrong at the level of public
wrong. The legal theorists and thinkers
Submissions of Learned Attorney
have made a distinction between
General for India must be read as a part
private and public wrong240 and it has
of the Fundamental Rights envisaged in
been clearly stated that public wrong
the Constitution of India. Courts have
affects not only the victim, but injures
often drawn the difference between
the public and ultimately, it concerns
free speech under the U.S. Constitution
polity as a whole. It is a misconception
and that under the Indian Constitution,
that injury to reputation can
but even in the United States, free
adequately be compensated in
speech is regarded as the most robust,
monetary terms. Reputation includes
however, it is not absolute. The
self-respect, honour and dignity.
restrictions have not been left to the
Reputation can never be compensated
Courts to carve out, but have been
in terms of money. Even if reputation is
exhaustively set out in80 Article 19(2). It
thought as a form of property, it cannot
is for the Parliament to determine the
be construed solely as property.
restrictions to impose and the Courts
Property is not a part of individual320
have been entrusted with the task of
personality and dignity, whereas
determining the reasonableness and in
reputation is and therefore, the stand
the present case, free speech is itself
that the damage caused to a person’s
conditioned or qualified by the
reputation should be compensated by
restrictions contained in Article 19(2)
money is not justified. State is under an
which includes defamation as one of
obligation to protect human dignity of
the grounds of restriction and the term
every individual. In such a situation,
defamation has to include criminal
balancing of rights is imperative and
defamation and there is nothing to
therefore, the Court should not declare
suggest its exclusion. The submission is
the law relating to criminal defamation
that defamation is only protective160 of
as unconstitutional as it is neither an
individual cases between two
absolute right nor can it confer
individuals or a group of individuals and
allowance to the people to cause harm
no State action is involved. Contextual
to the reputation of others.405
meaning of the term defamation
represents public interest and it is to
preserve reputation as a shared value
of the society. It is totally incorrect that
criminal defamation under Section 499
I.P.C. is a threat to every dissent and
 Legal Dictation-21 his furnishing a personal bond and two
reliable sureties and filing an
Accused-applicant is involved in Case
undertaking to the satisfaction of the
Crime No. 50 of 2019 and has applied
Court concerned subject to240 the
for bail. Learned counsel for the
conditions that the applicant shall not
applicant submits that applicant has
tamper with the evidence or threaten
been falsely implicated in the present
the witnesses. The applicant shall
case on account of enmity for the
cooperate with the trial and shall not
purpose of harassment. Applicant
seek any adjournment on the dates
committed no offence. A false and
fixed for charge, statement under
fabricated story has been set up by the
Section 313 Cr.P.C. and argument.
police. He further submits that in all the
During trial, applicant shall not indulge
cases shown in gang chart against the
in any criminal activities or case. In
accused-applicant, he has been
breach of any condition enumerated
released on bail. Applicant is in80 jail
above, Trial Court shall be at liberty to
since 20.08.19. It is further submitted
treat it as abuse of liberty of bail and
that there is no possibility of the
pass appropriate orders in
applicant fleeing away from the judicial
320accordance with law. The applicant
process or tampering with the
has invoked the inherent jurisdiction of
witnesses. In case the applicant is
this Court. The trial is proceeding at
enlarged on bail, he shall not misuse
snail's pace and till date, the opposite
the liberty of bail. Learned A.G.A. has
party has not allowed the evidence of
opposed the prayer for bail, but did not
the doctors to be completed and the
dispute the factual submissions made
cross-examination is going on by the
by the learned counsel for the applicant
opposite party since last seven months
and submitted that applicant is a
so as to elongate the proceedings. The
member of gang as shown in gang
witnesses have also not been
chart. Considering 160the facts and
crossexamined and in this way, the trial
circumstances of the case, rival
is being obstructed. There is specific
contention of learned counsel for the
direction of this Court that the trial may
parties, detention of applicant in jail,
be concluded speedily avoiding undue
severity of punishment in case of
delay. 410
conviction, number of cases shown in
gang chart and without commenting
upon the merit of the case, applicant
deserves bail. Let applicant Javed be
released on bail in the aforesaid case on
 Legal Dictation-22 commission of such offence. Where a
person is nominated as240 a Director of
Where any cheque drawn by a person
a company by virtue of his holding any
on an account maintained by him with
office or employment in the Central
a banker for payment of any amount of
Government or State Government, he
money is returned by the bank unpaid,
shall not be liable for prosecution.
then such person shall be deemed to
Where any offence under this Act has
have committed an offence and
been committed by a company and it is
without prejudice to any other
proved that the offence has been
provisions of this Act, he shall be
committed with the consent or
punished with imprisonment for a term
connivance of or any neglect on the
which may be extended to two years or
part of any Director, Manager,
with fine which may extend to twice the
Secretary or other Officer of the
amount of the cheque or80 with both. It
company, then such Director, Manager,
shall be presumed that the holder of a
Secretary or other 320Officer shall also
cheque received the cheque of the
be deemed to be guilty of that offence
nature referred in Section 138 for the
and shall be liable to be proceeded
discharge of any debt or other liability.
against and punished accordingly. No
It shall not be a defence in a
court shall take cognizance of any
prosecution for an offence under
offence punishable under Section 138
Section 138 that the drawer had no
except upon a complaint in writing
reason to believe when he issued the
made by the payee or the holder in due
cheque that the cheque may be
course of the cheque. Such complaint
dishonoured on presentment. If the
shall be made within one month of the
person committing an offence under
date on which the cause of action
Section 138 is a company, then160 the
arises. The cognizance of a complaint
authorized person is responsible to the
may be taken by the Court after the
company for the conduct of the
prescribed period.406
business of company as well as the
company shall be deemed to be guilty
of the offence and shall be liable to be
proceeded against and punished SUBSCRIBE
accordingly. He shall not be liable for
punishment if he proves that the STENO RJ
offence was committed without his
knowledge or that he had exercised all
due diligence to prevent the
 Legal Dictation-23 applications for amendment. One of
the principal conditions required to be
Petitioners are aggrieved by twin
considered by the Court is whether
orders passed by Civil Judge, Junior
grant of amendment is necessary for
Division in Regular Civil Suit No. 22 of
determination of the real controversy
2019. Briefly stated, the facts are that
in 240the suit. If this condition is not
petitioners are original defendants and
satisfied, the amendment cannot be
respondents are the legal heirs of the
allowed. This is a basic test which
original plaintiff. The original plaintiff,
should govern the Court’s discretion in
that is, respondent herein filed regular
granting or refusing amendment. The
civil suit against the defendants for
Supreme Court has laid down some
permanent injunction in respect of the
basic principles which ought to be
suit property. The original plaintiff
taken into consideration while allowing
expired on 16.04.2015. His legal heirs
or rejecting the application for
are the present respondents. The
amendment. The rule, however, is not
petitioners objected to80 the proposed
a universal one and under certain
amendment application on the ground
circumstances, such an amendment
of maintainability and limitation. They
may be allowed by the Court
contended that the proposed
notwithstanding the Limitation Law.
amendment would change the nature
The fact320 that the claim is barred by
of the suit and a completely different
Law of Limitation is one of the factors
relief would be introduced and granted
to be taken into account by the Court in
by the Court. On the aspect of the
exercising the discretion as to whether
limitation, it was contended that the
the amendment should be allowed or
cause of action to seek the relief had
refused, but it does not affect the
arisen immediately on filing the written
power of the Court if the amendment is
statement and the application was filed
required in the interests of justice. On
after a period of eight years. I have
critically analyzing both the English and
heard the learned counsel160 for the
Indian cases, some basic principles
respective parties and perused the
emerge which ought to be taken into
pleadings. Submissions made by the
consideration while allowing or
parties are on the pleaded lines. It is
rejecting the application for
stated that the Courts have a very wide
amendment. 408
discretion in the matter of amendment
of pleadings, therefore, power of
Courts must be exercised judiciously
and with great care while deciding the
 Legal Dictation-24 having slept over the matter for a
period of 19 years cannot demand the
Municipality laid a road for public use.
defendant to enforce the agreement at
The representatives of the society
this stage of sky rising240 prices.
approached the defendant and his
Therefore, this is void under law.
mother and induced them by playing
Section 56 of the Indian Contract Act,
fraud, undue influence and
1872 deals with the doctrine of
misrepresentation to agree to sell the
frustration. An agreement to do an act
land in dispute. The representatives of
impossible in itself is void. The law
the plaintiff got the agreements
excuses further performance under the
prepared behind the back of the
doctrine of frustration where the
defendant. The agreements are,
contract is silent as to the position of
therefore, illegal, unenforceable and
the parties in the event of performance
unsustainable. By the date of the
becoming literally impossible or only
alleged agreements of sale, the Urban
possible in a very different way from
Areas Act came into force and it was
that originally contemplated. The
repealed afterwards.80 The possession
doctrine of frustration operates to320
of the land was never given to the
excuse from further performance
plaintiff and the defendant has been in
where it appears from the nature of the
possession and enjoyment of the land
contract and the surrounding
by paying land revenue to the land and
circumstances that the parties have
electricity charges for the agricultural
contracted on the basis that particular
pump set. The Government did not
person will continue to be available or
grant permission to sell the land. Road
that some future event will take place
was laid in part of the land and the
which forms the basis of the contract
remaining land has to be kept vacant as
and before its breach, an event in
per the Act. The agreements of sale are
relation to the matter stipulated in this
frustrated since it became impossible
Section renders performance
to160 perform the agreements by virtue
impossible or only possible in a very
of the provisions of the Urban Land
different way, but without default of
Ceiling Act. The suits are not
either party.400
maintainable on account of doctrine of
frustration. The learned Counsel for the
defendant submitted that in view of the
impossibility of selling the property in
favour of the plaintiff, the doctrine of
frustration applies and the plaintiff
 Legal Dictation-25 death or negligence. It does not matter
that whether the death was caused due
When the petitioner's husband was
to unprecedented rain or act of God.
returning home after completing his
Certainly, the death had not occurred
work, an overhead electric wire fell on
due to negligence240 of the petitioner.
him. However, an attempt has been
Indisputably, the accident had occurred
made to rescue, but he died due to
due to fall of electric wire over him.
electrocution. Medical Officer has
Therefore, this Court has no hesitation
clearly noticed electric burn injuries
to hold that the Officers of Electricity
and certified that the death was due to
Board were negligent in properly
electrocution. Thus, there cannot be
maintaining the electric wire. It is seen
any dispute about the cause of death.
that the mandatory safety measures
In their counter affidavits, the
stipulated under Rule 91 of the Indian
respondents have denied the
Electricity Rules, 1956 were not
negligence on the ground that due to
complied with by the respondents. In
unprecedented heavy rain, the
other case, the petitioner's husband
80electric lines were mutilated and in
went out to procure milk from the
the result, the accident had occurred.
nearby Saras Milk Booth.320 It is the
They also stated that the electric lines
case of the petitioner that there was
were properly connected. So far as the
heavy rain and when her husband was
maintenance of overhead electric wires
passing near a tea shop, he had to step
and the consequential liability of the
on the live wire and was thrown out
Electricity Board to pay compensation
due to electrocution. A boy who tried to
in case of death are concerned, there
pull him out was also electrocuted. Two
are many instances where the
hours later, electric supply was
objections against claimed
disconnected. In the meantime, the
maintenance have been rejected.
petitioner's husband died. It was found
Death due to electrocution is an
that there was blackening and charring
admitted fact. Fall of electric wire on
of the skin. The cause of death was due
the petitioner is also an admitted160
to electrocution. 402
fact. When the petitioner's husband
had not committed any act contrary to
law or the provisions of the Electricity
Act and when the death had occurred SUBSCRIBE
due to fall of electric wire, there is no STENO RJ
need for the petitioner to go before the
Civil Court and establish the cause of
 Legal Dictation-26 that when the accused was being taken
to the hospital, he was in an agitated
Confession made by the accused before
mood and this fact in issue also cannot
any person other than Magistrate or
be lost sight at this moment.240 One
Court is called as extra-judicial
may recollect the prosecution case that
confession. It is deemed to be a weak
the incident occurred on 09.09.2021
evidence. But, its weakness or
and the incident of slitting the hand
strongness depends upon facts,
occurred on 15.09.2021 and the
circumstances and credibility of the
accused was arrested on 23.09.2021.
witness. As a matter of caution, Courts
The alleged extrajudicial confession is
generally expect corroboration of the
said to have been made on 15.09.2021.
extra-judicial confession. The learned
In the light of the fact that a general
counsel went on to point out that the
proclamation cannot qualify as an
Court below has erred in law and on
extrajudicial confession and in the light
facts in holding the accused guilty
of the difference in words used, it
without applying the80 relevant
becomes difficult to accept the extra-
principles of law and the relevant test
judicial confession spoken to by PWs
applicable to the appreciation of case
19320 and 20 as creditworthy and
based on circumstantial evidence and
inspiring confidence in the mind of the
the acceptance of extra-judicial
Court. It is significant to notice that
confession. The learned counsel went
neither P.W.-19 nor P.W.-20 has a case
on to point out that the conviction and
that the extra-judicial confession was
sentence are clearly unsustainable in
made to them. They are uniform in
law. As regards the extra-judicial
their version that it was a general
confession, it has been held in the
statement made by the accused to the
decisions reported in All India Reporter
public. He recorded statements of
that it is advisable that the exact words
witnesses and seized the clothes during
in which the extra-judicial confession is
investigation sent for chemical
made by the accused is spoken to160 by
examination. Afterwards, he was
the witnesses and it should be as close
ceased to hold the post of Station
as possible to the words used by the
House Officer.400
accused making the extra-judicial
confession. The decisions also say that
apart from the words used by the
accused, the credibility of the witnesses
also play significant role in accepting
the extra-judicial confession. The fact
 Legal Dictation-27 this Court. The instant dispute is the
outcome of strained matrimonial
This application has been filed with
relations between Applicant No.1 and
request that the matter may be
opposite party. It has been submitted
referred to the Mediation and
by learned counsel for the applicant
Conciliation Centre of this Court in
that the mediation process was240
relation to the F.I.R. lodged under
started to amicably settle the dispute.
Dowry Prohibition Act, 1961 and to
Due to some wrong advice given by the
quash the entire proceeding. Learned
advocate of the applicants, they could
A.G.A. raised preliminary objection that
not take part in the mediation process
in the present case, F.I.R. and its
and therefore, one more opportunity
consequential proceedings are
be provided to the parties to settle their
challenged as the investigation is still
disputes amicably through the process
pending, therefore, application under
of mediation. Learned counsel for the
Section 482 Cr.P.C. is not maintainable
opposite party is not having any
in terms of law laid down by Full Bench
objection to the request of learned
80of this Court. State of U.P. answered
counsel for the applicants. When the
that after lodging the F.I.R., no
Mediation Centre will start functioning,
interference is permissible by this Court
a communication will be sent by320 the
in exercise of its inherent powers.
Mediation Centre to the parties and on
Hence, no relief can be granted despite
the first appearance of opposite party,
the issue is already resolved in the
Rs. 15,000/- shall be deposited by the
Mediation Centre. Learned counsel for
applicants in front of the Senior
the applicants has submitted that
Registrar and shall be paid to her to
marriage of applicant No.1 was
meet out her expenses of travelling,
solemnized with the opposite party and
etc. Mediation Centre will try its best to
they were enjoying their matrimonial
persuade the parties to arrive at a
life and out of their wedlock, two
settlement and will submit a report to
children were born, but due to some
this Court within two months from the
trivial160 issues, F.I.R. was lodged. In the
start of mediation. Till then, no coercive
present case, investigation was started
measure shall be taken against the
and mediation was also initiated before
applicants in the aforementioned
the Court below, but the Applicant No.1
case.408
was not satisfied with the mediation
proceeding initiated before the Court
below. The matter was sent to the
Mediation and Conciliation Centre of
 Legal Dictation-28 show that widest of the powers have
been invested with the Courts when it
Learned Additional Government
comes to the240 question of summoning
Pleader has submitted that the power
a witness or to recall or re-examine any
to summon witnesses under Section
witness already examined. It is
311 Cr.P.C. is purely discretionary. The
ultimately stated that all that was
nature and scope of the power of the
required to be satisfied by the Court
Court to summon, examine, recall and
was only in relation to such evidence
re-examine any witness in the context
that appears to the Court to be
of Section 311 Cr.P.C. was subject
essential for the just decision of case.
matter of consideration and it was held
Section 138 of the Evidence Act
that the power in this regard may be
prescribes the order of examination of
considered essential for a just decision
a witness in the Court. It is, therefore,
of the case. While considering the
imperative that the invocation of
power of Court to summon material
Section 311 Cr.P.C. and its
witnesses80 under Section 311 Cr.P.C., it
320application in a particular case can be
was opined that the said power can be
ordered by the Court by bearing in mind
exercised only with the object of finding
the object and purport of the said
out the truth or obtaining proper proof
provision, namely, for achieving a just
of facts which may lead to a just and
decision of the case as noted by us
correct decision. A view was taken that
earlier. The power vested under the
the underlying object of the provision is
said provision is made available to any
that there may not be failure of justice
Court at any stage in any inquiry or trial
on account of mistake of either party in
or other proceeding initiated under the
bringing the valuable evidence on
Code for the purpose of summoning
record or leaving ambiguity in the
any person as a witness or for
statements of the 160witnesses
examining any person in attendance. 402
examined from either side. The power
conferred is to be invoked by the Court
only in order to meet the ends of justice
for strong and valid reasons and the
same must be exercised with great SUBSCRIBE
caution and circumspection. It was
elaborately considered that the
STENO RJ
precedents and principles are to be
followed by Courts. A conspicuous
reading of Section 311 Cr.P.C. would
 Legal Dictation-29 Central Excise and Service Tax Appellate
Tribunal, Hyderabad in its own case
By filing this petition under Article 226 of
granting interest on the240 refund
the Constitution of India, petitioner
amount sanctioned belatedly. However,
seeks a direction to the respondents to
in the said letter, Respondent No. 3
forthwith grant and sanction interest on
completely ignored the previous letter of
the refund amount after expiry of three
the petitioner. Notwithstanding the
months from the respective dates of
above, petitioner again renewed the
application till the date of actual refund
prayer for grant of interest on delayed
under Section 11 of the Central Excise
refund vide letter dated 20.08.2019
Act, 1944 read with Section 83 of the
followed by reminder dated 10.09.2019.
Finance Act, 1994. Hence, petitioner did
However, petitioner has not received
not pay any Service Tax. Subsequently,
any communication from the office of
petitioner received the refund amounts
Respondent No. 3. Upon being
as sanctioned.80 However, the refund
aggrieved, present writ petition has been
amounts were sanctioned beyond three
filed seeking the relief as indicated
months from the date of filing of refund
above. Respondent Nos. 2 and 3 have
applications. Therefore, petitioner
filed320 a common reply along with
claimed that it was entitled to interest on
affidavit through Shri Milind Sharma,
delayed payment of refund under
Principal Commissioner of Central Goods
Section 11 of the Central Excise Act, 1944
and Service Tax and Central Excise. At
made applicable to Service Tax vide
the outset, an objection has been raised
Section 83 of the Finance Act, 1994. In
that petitioner has an alternative
such circumstances, petitioner
remedy of filing appeal before the
submitted letter dated 15.05.2017
Commissioner (Appeals) against the
requesting Respondent No. 3 to grant
orders in original declining interest.
interest on delayed refund for the period
Since petitioner has not availed the
after expiry of three months from160 the
alternative remedy, petitioner may be
date of application till the date of actual
relegated to the appropriate forum for
refund. However, there was no response
the reliefs sought. Petitioner was also
to the said letter dated 15.05.2017.
required to produce all the evidences
Petitioner again requested Respondent
upon which it intended to rely in support
No. 3 vide letter dated 02.05.2019 to of its claim.409
grant interest on the refund amount
sanctioned for the period from June,
2008 to December, 2014. Along with the
said letter, petitioner submitted a copy
of order dated 09.06.2017 passed by the
 Legal Dictation-30 one has regard to their respective
brochures and the respective articles
Plaintiff No. 1 is in the business of
produced by the plaintiffs and
branded jewellery. Plaintiff Nos. 2 and
defendants, it is quite clear that the
3 hold 49% and 51% equity in the gold
defendants' articles are a clear
business of Plaintiff No. 1. Plaintiff No.
240imitation of the plaintiffs' articles.
1 designs, markets and sells gold
Defendants submit that the articles are
articles of deities and religious symbols
being manufactured and sold both in
under the brand name of Prima Art.
India and worldwide by various parties.
Plaintiff No. 1 creates the drawings for
In this, the plaintiffs seek to illegally
each of these articles on computers
claim a monopoly. These articles are
using specialized softwares through
manufactured by others in the same
qualified graphic designers in its
forms of expression and depiction.
employment. Based on these drawings,
These figures and signs are well-known
the articles are manufactured80 by
and are generic. It is submitted that
Plaintiff No. 3 in Thailand and imported
there is a delay of over one year in
from Thailand and sold in India by
taking out the present notice. There is
Plaintiff Nos. 1 and 2. The product
nothing to show that320 the designers
drawings are claimed to be original
were engaged by the plaintiffs. The
artistic work within the meaning of the
designs are made by a mechanical
Copyright Act, 1957. The plaintiffs have
process. The thrust of submissions is
produced these drawings along with
that there can be no copyright in the
the plaint. The plaintiffs claim to be
images of Gods and religious signs.
entitled to reproduce this original
These images are generic and of
artistic work in any material form
common use and when they are
including three dimensional depiction
developed in different manners, the
in any material. Defendant No. 1 is a
source being common, similarities are
partnership firm. It has160 been
bound to occur and no piracy can be
producing identical gold articles of
alleged. The images of Gods and
deities and religious symbols with the
Goddesses and religious signs may be a
use of these designs. Plaintiffs have
matter of common use. Those are in the
shown brochures of the articles
realm of ideas. 408
manufactured by the plaintiff and
Defendant No. 1 in support of this
claim. Defendants changed the original
designs of their articles and started
copying the plaintiffs' artistic works. If
 Legal Dictation-31 making changes in it and using it and
therefore, it amounts to cheating.240
In the agreement, it is clearly stated
When the complainant has informed to
that City Home Finance Limited has
give connectivity, it was refused on the
been entrusted the software with a
security reason and therefore, a
specific undertaking that not to give it
request was made to disconnect server
to any third party without the
from network and give connectivity by
permission and the alleged conduct is
modem to avoid the security problem
stated to be cheating and committing
and that was also refused. Engineer
breach of trust. It is also stated that
found that changes were made in the
while the Officers of City Home Finance
software and new external code was
Limited on the one hand were giving
inserted. Manager requested to
assurance that they will take full care of
remove the external programme to
the said software, but on the80 other
avoid any error in future, but no efforts
hand, they were tampering and hacking
were taken to remove the external
the software. In this way, the cheating
programme. Respondent320 has
was committed with the complainant.
accepted that it will show the new
It is also complained that for the
software, but never kept up the
purpose of protecting the software
promise and the repeated request
created by the complainant, a joint
made by the complainant to remove
meeting was sought. Without meeting
the new software was not heeded to. It
the persons, it is complained that the
has failed to give connectivity and
City Home Finance Limited has sent list
backup so as to avoid evidence to come
of data required to be migrated and it
to the hands of the complainant
was observed that there was a
regarding hacking of the software. It is
discrepancy between the list and the
stated that when the matter was sent
list which they sent160 in August. It is
to I.I.T., Delhi for opinion, Dr. Pathak
stated that Dr. D.B. Pathak has given
stated that hacking and violation of
opinion that I.P.R. must be honoured
various aspects was done. 404
and proper method for data migration
should be adopted. This was stated to
be accepted by the respondent. The
further complaint is that on the one SUBSCRIBE
hand, City Home Finance Limited has
been giving order for data migration STENO RJ
and on the other hand, they were
accessing the software hacking and
 Legal Dictation-32 for giving information in good faith. Any
personnel240 of media or hotel or lodge
Who has apprehension that an offence
or hospital or club or studio shall
under this Act is likely to be committed
provide information to police if he or
or has knowledge that such an offence
she comes across any material or object
has been committed, he shall provide
which is sexually exploitive of the child.
such information to the Special Juvenile
No person shall make any report or
Police Unit or the local police. Every
present comments on any child from
report shall be recorded in writing and
any form of media or studio without
be read over to the informant and shall
having complete and authentic
also be entered in a book. Where the
information because this may affect the
report is given by a child, the same shall
reputation and privacy of child. No
be recorded in a simple language so
reports in any media shall disclose the
that 80the child understands the
identity of a 320child including his name,
contents. In case contents are being
address, photograph, family details,
recorded in the language not
school, neighbourhood or any other
understood by the child or wherever it
particulars which may lead to
is deemed necessary, a translator or an
disclosure of identity of the child. It may
interpreter shall be provided to the
be done if the Special Court permits to
child if he fails to understand the same
do so in the interest of the child. The
on payment of such fees as may be
statement of the child shall be recorded
prescribed. Where Special Juvenile
at the residence of the child or at a
Police Unit or local police is satisfied
place where he usually resides or at the
that the child against whom an offence
place of his choice and as far as
has been committed is in need of care
practicable, it shall be recorded by a
and protection, then160 it shall make
woman Police Officer not below the
immediate arrangement to give him
rank of Sub-Inspector.411
such care and protection including
admitting the child into shelter home or
to the nearest hospital within 24 hours
of the report. Special Juvenile Police
Unit or local police shall report the SUBSCRIBE
matter to Child Welfare Committee and
Special Court or where no Special Court
STENO RJ
has been designated, then Court of
Sessions within 24 hours. No person
shall incur any civil or criminal liability,
 Legal Dictation-33 registered post240 and when this was
received as well as the cables from the
Whoever makes or publishes any
respondent, the appellant wrote in
imputation that any class of persons
reply a letter sent by registered post
cannot bear true faith and allegiance to
and in that letter, he passed severe
the Constitution of India or uphold the
remarks against her conduct. Ordinary
sovereignty and integrity of India by
reading of a letter might seem to
reason of their being members of any
indicate that the appellant was
religious, racial, language or regional
charging the respondent with improper
group or caste or community or asserts,
behaviour and even amounting to
counsels, advises, propagates or
sexual immorality through the remarks.
publishes that any class of persons shall
In the witness box, the appellant
be denied or deprived of their rights as
specifically refused that he intended
citizens of India by reason of their being
any such imputation and in fact,320 he
members of any80 religious, racial,
made it clear that he was neither basing
language or regional group or caste or
his petition on any allegation of
community, then he shall be punished
immorality nor that he ever intended to
with imprisonment which may extend
impute any such conduct to her.
to five years and shall also be liable to
Learned Judge accepted this
fine. Whenever any unlawful assembly
explanation of the appellant and
or riot takes place, the owner or
interpreted the letter as the outcome
occupier of the land upon which such
of an angry and grieved husband and
unlawful assembly is held, he shall be
was not, therefore, inclined to read the
punished with fine and if he or his agent
expressions used as imputing
or manager knows that such offence is
unchastity to her. On the other hand,
being or has been committed or having
we analyzed the text of the letter and
reason to160 believe that it is likely to be
considered that it clearly made false
committed and do not give the earliest
and unfounded imputations of
notice to the nearest police station and
unchastity on the respondent.410
do not use all lawful means in his or
their power to prevent it and in the
event of its taking place, they do not
use all lawful means in his or their SUBSCRIBE
power to disperse or suppress the riot STENO RJ
or unlawful assembly, then they shall
be punished accordingly. The letter was
dispatched by the respondent by
 Legal Dictation-34 S.I.M. of complainant's number was
issued by Vodafone on 06.09.2013 at their
Vodafone issued a duplicate S.I.M. of franchisee office. Later, the case was
complainant to fraudsters without cross- transferred to Cyber Crime Cell for further
checking the documents submitted by investigation.240 It is the case of Vodafone
them with the identity documents of that a person claiming to be Dr. Medha
complainant made available at the time of Sanjay visited store with a request for
issue of the original S.I.M. Such negligent replacement to S.I.M. made in the
act of Vodafone enabled the fraudsters to prescribed form along with the requisite
commit the fraudulent fund transfers and documents of the subscriber. The request
this caused financial loss to the was duly processed and a new S.I.M. was
complainant. The mobile phone of the issued to the person who had visited the
complainant stopped functioning in store and it was activated on the same
proper manner. On the next date, the day. Vodafone received information of the
complainants contacted the Vodafone fraudulent transfers through the S.H.O.
shop through their family driver.80 concerned. On 18.09.2013, on the basis320
Representative of Vodafone checked the of internal investigation, Vodafone
mobile phone and communicated that the informed the Police Inspector, Cyber
instrument was working properly, but the Crime Cell that on 06.09.2013, a fraudster
S.I.M. required to be replaced. Since 8th had obtained replacement of S.I.M. for
and 9th September, 2013 were holidays, the complainant, but the same was issued
on 10.09.2013, an application was under the belief that the fraudster was the
submitted for new S.I.M. with the lawful owner of the S.I.M. Vodafone
necessary documentary proofs such as offered to cooperate with the police and it
P.A.N. Card, etc. A new S.I.M. was issued, submitted the relevant documents to the
but the calls were getting diverted to Cyber Crime Cell. The complainants have
some other number. The complainant submitted copy of their bank account
again contacted the Vodafone and they statement, copy of the F.I.R. and copy of
corrected the fault. The phone started the correspondence with the bank and its
functioning without160 any problem from official letters. 406
evening hours of 10.09.2013. It is the
complainant's case that during the period
when the mobile phone was non-
functioning, the fraudulent transactions SUBSCRIBE
took place and an amount of Rs.
19,01,073/- was fraudulently withdrawn. STENO RJ
The complainant submitted a complaint to
Vodafone. It was revealed to the
complainant by Vodafone that a fake
 Legal Dictation-35 spokesperson of any political party and
these are my personal sentiments for
Numerous incidents of animal cruelty
OBCs. Hon'ble Members, the mike will
have been brought to light through
be automatically switched off240 after
media in recent years. Death of a
one minute. So, frame your speech in
pregnant elephant by explosive, dog
such a way that it should be finished
beaten to death, puppies set on fire,
within one minute. Sir, I just want to ask
dogs tied to a scooter, rape of cow and
one question to Hon'ble Jal Shakti
execution of monkeys and putting them
Minister. Sir, the Minister has replied
on fire just for their own pleasure, etc.
by stating that they have not been
These incidents are reported from
given any proposal for the forest. I do
across the country. As informed to me,
have the records with me. We have
the Government has received many
already sent a proposal across the
suggestions, petitions and requests
website. We consider it to be a deemed
from various organizations to increase
approval. Sir, I convey my thanks to320
the80 existing penalty. See, there are
you for giving me an opportunity to ask
more than 60 Members to speak.
a supplementary question. First, I
Hon'ble Speaker has allowed all the
would like to thank the Minister for
Members to raise their issues. So, I
leading the Ministry by building the
request all the Members to confine
highways at a record speed and also
their submission to one minute. Sir, I
allotting major highway projects to my
would like to speak in my mother
State. Madam, there was a time when
tongue Marathi. Government of
the convention of this House was that
Maharashtra is very indifferent towards
till the time the House was not in order,
the issues of reservation of Maratha
no Bill could be discussed. What is
and O.B.C. It is also very careless about
happening here is completely
the issue of reservation of Scheduled
unconstitutional. I would like to bring to
Castes and Scheduled Tribes and their
your kind notice that my State is facing
promotions. 160These are the issues
environment pollution. 410
which I would like to raise today.
Supreme Court of India gave its verdict
by abolishing the political reservation
of OBCs. Now, the Government should SUBSCRIBE
postpone the coming State Assembly STENO RJ
Election on the basis of this Supreme
Court decision and I would like to share
my views in this regard. I am not a
 Legal Dictation-36 and to provide the support to the
States. Sir, through you, I would like to
This is mainly due to emission of green
bring to the attention of the Member
house gases and faulty method of fly
that under the240 leadership and clear
ash disposal. Supreme Court of India
vision of our Hon'ble Prime Minister,
gave the verdict that Maratha
the Government of India is committed
Reservation Act is violating the limit of
to ensure that the nutritional needs of
50% reservation and it should not cross
all children, pregnant and lactating
the 50% cap on quotas. Hence, it
women are met. So far as the
cannot be permitted. Supreme Court
expression of the Member about
further advised the Central
reduction in funds is concerned, on an
Government to make amendment. I
earlier occasion, I and the Minister of
would like to draw the kind attention of
Women and Child Development have
the Government towards the need to
replied in this very august House that
protect the community of weavers.80
we have revised the expenditure of our
With the introduction of new
Ministry for various projects. We are in
technologies, their skills are not
continuous320 engagement with the
matching with the latest machinery and
various State Governments. Sir, I think
particularly, youth need more skill
that the anomaly that has been
training and for the skill training, more
expressed by the Member needs to be
skill development centres and technical
corrected. It is an effort of the
institutes may be set up by identifying
Government of India across all districts
the weavers’ interests. Hence, I request
and all States of our country. I am very
the Hon'ble Minister of Textiles to
happy to express in this august House
kindly intervene in the matter and do
that for the first time in the history of
the needful. Sir, my question is about
independent India, the Hon'ble Prime
the impact of illegal mining on our
Minister has ensured that the smart
surroundings. Heavy chemicals are
phones are provided to anganwadi
used for the160 blast and there is rising
centres so that data can be
incidence of various health issues that
automatically generated and the
villages and its surrounding areas are
benefits can be provided to them.412
facing. Has the Government developed
any mechanism to resolve such
challenges in our villages? Sir, I would
like to ask the Minister that whether
there is any proposal to increase the
allocation of funds in terms of nutrition
 Legal Dictation-37 challenged before it or when during the
course of240 hearing a case, the validity
Judicial Review refers to the power of
of any law is challenged before it. When
the Judiciary to interpret the
a law gets rejected as unconstitutional,
Constitution and to declare any such
then it ceases to operate from the date
law or order of the Legislature and
of the judgment. All activities
Executive void if it finds them in conflict
performed on the basis of the law
with the Constitution of India. The
before the date of the judgment
Constitution of India is the supreme law
continue to remain valid. While
of the land. The Supreme Court of India
declaring a law unconstitutional, the
has the supreme responsibility of
Supreme Court has to cite the
interpreting and protecting it. It also
provisions of the Constitution which it
acts as the guardian and protector of
violates. The Court has to clearly
the Fundamental Rights of the people.
establish the invalidity of the law
For this80 purpose, the Supreme Court
concerned320 or any of its part. The
exercises the power of determining the
critics describe Judicial Review as an
validity of all laws with respect to the
undemocratic system. It empowers the
Constitution of India. It has the power
Court to decide the fate of laws passed
to reject any law or any of its part which
by Legislature, whereas Legislature
is found to be unconstitutional. This
represents the will of the people.
power of the Supreme Court is called
Constitution does not clearly describe
Judicial Review. State High Courts also
the system of Judicial Review. It rests
exercise this power, but their
upon the basis of several Articles of the
judgments can be rejected or modified
Constitution. The critics further argue
or upheld by the Supreme Court. Both
that the Judicial Review can make the
the Supreme Court and High Courts
Parliament irresponsible as it can
exercise the160 power of Judicial
decide to depend upon the Supreme
Review. But, the final power to
Court for determining the
determine the validity of any law is in
reasonableness of a law passed by it. 409
the hands of the Supreme Court of
India. Judicial Review applies only to
the questions of law. It cannot be
exercised in respect of political issues. SUBSCRIBE
Judicial Review is not automatic. STENO RJ
Supreme Court does not use the power
of Judicial Review of its own. It can use
it only when any law is specifically
 Legal Dictation-38 world for people with money and
resources. It is a world for those people
The word justice means to act in a just
who are unjust and who can offer bribe.
and fair manner. Judges are addressed
It is mandatory that justice reaches
as My Lord during trial in Courts. This
poor. Judiciary is an important pillar of
means that they must exercise their
democracy and it can use its power to
power in order to bring justice to
help the poor. Poor people must get
people in need. People are of the view
basic amenities in order to make sure
that most things can be purchased
that they survive well. They not only
including love and respect. What is
suffer, but find it difficult320 to get any
justice? Justice is a concept of moral
respect in the society. Unfortunately,
rightness based on ethics, law, equity
the justice in India is extremely slow
or religion. It is the act of being just and
and rare to get and they are considered
truthful80 to one and all. How many are
lucky who get justice in a fast and
following the path of justice? We all
effective manner. Every act of justice
know that we live in a world where law
must reach out to every citizen in a just
and order are less cared about. In a
and fair manner. Our democracy has
country like India, poor had been
given equal Fundamental Rights to all
suffering since the British Raj and they
its citizens, but the poor classes are
should have been given equal share in
generally devoid of justice due to
country’s all resources. People with lack
negligence and poor awareness. NGOs
of money and resources suffer and
offer a helping hand in promoting
struggle in the society. It would not be
equality.403
wrong to say that being a poor is a
160curse. People with no money end up
doing low paid jobs which leads to no
bright future. We can find many endless
examples in our own household. People
in India still find it hard to get basic
amenities needed for survival. There SUBSCRIBE
are many rules and regulations set up STENO RJ
to fight for these poor people in our
country, but all these rules and
regulations are operational for a certain
section of society. The idea of honesty
and hard work can240 barely make a
man rich in these circumstances. It is a
 Legal Dictation-39 they are deprived of the knowledge of
their basic rights. Their basic
Laws must be enforced strictly to
presumption about240 Courts and
punish the offenders and cheaters. The
justice is that Courts take time to
basic idea of democracy lies in equality
deliver justice and need a lot of money
and justice. Article 14 of the Indian
to provide speedy justice. Legal
Constitution clearly states that the
procedures need a lot of resources in
State shall not deny any person equality
terms of money and a lot of time is
before the law and equal protection
consumed. These all factors lead them
within the territory of India. Other than
to take a step back. When the case is
this, Indian Constitution also provides
dealing with a wealthier party, they are
equal and free legal aid with suitable
made to take their case back and be
schemes to every citizen through
submissive. It must be ensured that
Article 39A. There is a significant
justice reaches the poor as a320 lot of
number of poor to whom justice80 is yet
them do not even know about injustice
to be delivered. If we live in a
that they go through. They get
democratic country, justice without any
exploited by people who hire them and
argument comes along with it. It is
work on lower wages. Justice includes
every citizen’s right to seek justice and
social, civil, economical and political
legal aid so that there is no unfair
justice. While India suffered enough
advantage given to any specific
under the British, poor people thought
community. Poverty is not by choice.
that they would get their fair share in a
Poverty arises due to the lack of
free country. India’s most important
resources and due to the backwardness
document, the Constitution, has made
of communities. There are many cases
a number of provisions to protect them
where poor are denied or delayed
from atrocities, but in reality, it is far
justice. Many cases take several years
from being achieved. 401
to160 grant justice to the families of
victims. Some major reasons why
justice is a far dream for the poor is
their lack of legal and political
awareness. Poor people who do not
have access to proper education do not
SUBSCRIBE
even know their basic rights. They carry STENO RJ
the mentality of being okay with the
mistreatment given to them by people
who have power and money and thus,
 Legal Dictation-40 the basis of material 240on record and it
can form an opinion that the
Court is not to see that whether there
commission of offence by the accused
is sufficient ground for conviction of the
was possible. The question as to
accused or whether the trial is sure to
whether the accused committed the
end in his conviction. While considering
offence can only be decided in the trial
the tests to be applied by the Court for
and at the stage of framing of charge,
the purposes of discharge, it was held
the probative value of the material on
that reading Sections 227 and 228
record cannot be gone into and the said
together in juxtaposition, it would be
material has to be accepted as true. At
clear that at the initial stage of the trial,
the stage of Section 227, the Court has
the truth, veracity and effect of
merely to sift the elements in320 order
evidence are not to be meticulously
to find out that there is sufficient
judged and 80the standard of test and
ground for proceeding against the
judgment is to be finally applied before
accused or not and if the Judge comes
recording a finding regarding guilt of
to a conclusion that there is sufficient
the accused is not required to be
ground to proceed, he will frame a
applied at this stage. The ambit and
charge under Section 228 and if the
scope of the exercise of powers while
charge is not framed, then he will
passing an order of discharge under
discharge the accused. It is not for the
Section 227 of the Code was subject
Magistrate or a Judge to analyze all the
matter of consideration and it was held
materials including pros and cons,
that while exercising such powers,
reliability or acceptability and it is at the
Court should weigh evidence and form
trial that the Judge has to appreciate
opinion only on the limited question of
credibility of the material and veracity
whether a prima 160facie case is made
of various documents. 414
out. Court is required to evaluate the
material and documents on record with
a view to finding out if the facts taken
at their face value disclose the
existence of all the ingredients SUBSCRIBE
constituting the alleged offence and for STENO RJ
this limited purpose, the Court may sift
the evidence. The prerequisites for
framing of charge were also subject
matter of consideration and it was held
that the Court can frame the charge on
 Legal Dictation-41 those candidates who had qualified in the
earlier written examination. The stand of
During verification, it was noticed that the Board was that there was no240
certain malpractices had taken place in illegality in ordering a re-test and Para
the written examination. Meanwhile, 18.1 of the selection procedure
several complaints were also received by empowered the Board to do so. Referring
the R.R.B. stating that certain candidates to Paragraph 18.4, it was contended that
had indulged in mass copying in some merely qualifying in the written or C.B.T.
centres including leakage of question or P.E.T., a candidate would not get any
papers and impersonation of certain vested right for appointment, especially
candidates. Since large scale irregularities since no final list or panel was published.
and malpractices were noticed, it was Reference was also made to the inquiry
decided to refer the matter to the State done by Vigilance Department and C.B.I.
Vigilance Department. The Vigilance which prima facie revealed serious
Department conducted a preliminary malpractices including mass copying,
inquiry and submitted its findings which leakage of question papers 320and
were placed80 before the Tribunal as well impersonation in the written
as before the High Court. Portions of the examination. The High Court found no
judgment revealed leakage of question reasons to cancel the first written
papers, mass copying and impersonation examination and to conduct a re-test for
of candidates in the written test. Report those candidates who got minimum
indicated the possibility of involvement of qualifying marks in the written test which
some employees of Railways and included 62 candidates against whom
outsiders in the malpractices detected. there were serious allegations of
Vigilance Department also recommended impersonation. Court concluded that the
that the matter be referred to the Central controversy virtually boils down to
Bureau of Investigation (C.B.I.). Aggrieved identifying 62 candidates whose cases
by the order, certain candidates filed O.A. stood referred to Northern Railway Zone
No. 975/2020 before the Central for their certification and hence, the
Administrative Tribunal who had taken160 process of recruitment could be
the first written examination. They sought proceeded for the rest of the
for a declaration that they are eligible to candidates.405
be appointed to Group D posts in the
Northern Railway Zone pursuant to the
selection held in the month of February,
2016. Alternatively, it was contended that
even if the Board had the power to
conduct second stage written
examination, it should be confined only to
 Legal Dictation-42 involve any formal action or action of
any kind, but occurs as soon as a
The order passed by the Magistrate
Magistrate applies his mind to the
taking cognizance is a well-written
suspected commission of240 offence.
order. The order not only refers to the
Regarding the procedure involved in
statements recorded by the police
taking cognizance, there must be
during investigation and the
application of judicial mind to the
statements of witnesses recorded by
materials and the oral and
the Magistrate under Sections 200 and
documentary as well as other
202 of the Code, but also sets out with
information submitted. The litmus test
clarity the principles required to be
of taking cognizance is making a
kept in mind at the stage of taking
thorough assessment of the allegations
cognizance and reaching a prima facie
with the facts presented and bringing
view. At this stage, the Magistrate had
into focus the law on the subject and
only to decide whether sufficient80
applying the facts to the law and
ground exists or not for further
arriving at a conclusion by a process of
proceeding in the matter. It is well-
reasoning that all relevant facts have
settled that notwithstanding the
been taken 320note of and properly
opinion of the police, a Magistrate is
analyzed in the light of the law
empowered to take cognizance if the
applicable. If note is not taken, then this
material on record makes out a case for
would result in decision without
the said purpose. The investigation is
application of mind because reasoning
the exclusive domain of the police. The
is the heart of the matter. While
taking of cognizance of the offence is an
exercising discretion and having regard
area exclusively within the domain of
to the facts and circumstances peculiar
the Magistrate. At this stage, the
to each single case, Courts must
Magistrate has to be satisfied whether
carefully decide and cautiously
there is sufficient ground160 for
examine as to whether the complaint
proceeding and not whether there is
filed is an outcome of personal
sufficient ground for conviction.
vendetta or outburst of enmity or
Whether the evidence is adequate for
originated from evil impact of fickle
supporting the conviction, can be
mind. 402
determined only at the trial and not at
the stage of inquiry. At the stage of
issuing the process to the accused, the
Magistrate is not required to record
reasons. Taking cognizance does not
 Legal Dictation-43 deceased Abhishek was the only child
of the claimants and student of MBA
Claimant Dr. Anil Kumar Singh had
in240 Institute of Cost and Financial
unfortunately died during the
Accountants of India at Hyderabad. It is
pendency of case before the Tribunal
one of the best institutes of the
and Smt. Jyoti Devi instituted Motor
country. Owing to his excellent
Accident Claim Petition No. 476/2019
performance, he was employed with
before the Tribunal under Section 166
R.K. Group of Hotels at Hyderabad and
of Motor Vehicles Act, 1988 for grant of
drawing a starting salary of Rs. 13,080/-
compensation on account of the
. He was a very promising young man
unfortunate and tragic death of their
and would have been absorbed by big
only son, namely, Abhishek who had
corporate houses on very high salary of
died in a motor vehicle accident. As per
over Rs. 50,000/- per month initially
the claim petition, deceased was 24
with further rise. He had a very bright
years old and was student of M.B.A. at
future and320 had also received several
80the Institute of Cost and Financial
awards for his performances. He had no
Accountants of India, Hyderabad. It was
bad habits of drinking, smoking, etc. He
also contended that the deceased was
was very good natured and was greatly
in part-time employment of R.K. Group
loved in the whole family. Being the
of Hotels, Hyderabad and was earning
only child of the claimants, the life and
Rs. 13,080/-. As a matter of fact, the
future of the claimants has been
case of claimants can be conveniently
completely shattered by his death and
looked into in its entirety from the
they are left with no one to look after in
particulars furnished. Claimant No. 1
this old age. The claim petition was
was travelling from Bareilly with
contested by the insurer, namely, New
deceased in his Car No. UP 70 CC 5472
India Assurance Company. Insurer filed
on Bareilly-Delhi National Highway at a
its written statement. 403
very low speed. Truck 160No. PB 10 GA
8057 came from the front from Rampur
side and was driven very rashly and
negligently by its driver and collided
into the car on the right side. The SUBSCRIBE
deceased was severely injured and was STENO RJ
taken by Claimant No. 1 to Guru Nanak
Hospital, Bareilly with the help of
people, but he died. Claimant No. 1 also
received severe shock and injuries. The
 Legal Dictation-44 defendant has caused great
defamation to the plaintiffs and also
Trial Court had decreed the suit of the
lowered down their reputation in the
appellants filed for damages for
eyes of other people and persons of the
malicious prosecution and defamation.
society where the plaintiffs are living.
Accused persons went to their house
For arriving240 at this conclusion, Trial
and came again with a cricket wicket
Court relied only on the factum that the
and an iron rod. When the defendant
appellants were honourably acquitted
raised hue and cry, neighbours came to
by the judgment of the Additional
the spot to save him. The defendant
Sessions Judge. For any claim of
had fight with other residents of the
damages on account of malicious
village. The plaintiff has got no concern
prosecution, the cause of action arises
with the said incident, but the
whenever the accused is acquitted
defendant had filed eviction petitions
without suffering any adverse
intentionally and deliberately against80
observation from the Court which
the plaintiff and the Plaintiff No.1 has
pronounced the judgment. Any person
been pursuing the said eviction
initiating the criminal complaint cannot
petitions in the Court. On the false
subsequently dictate the term of such
F.I.R., the plaintiffs have to appear
acquitted accused that he should not
before the Court, take bail and face
start any proceedings for malicious
trial. It was registered on the basis of
320prosecution. Initiation of criminal
false complaint by the defendant. In the
proceeding against any person is very
said trial, the defendant made false
serious matter and has very serious
evidence against the plaintiffs. After
consequences in the eyes of general
long trial, both the plaintiffs were
public and any such accused is always
acquitted by the Court. Defendant
entitled claim that his dignity should
made the false allegations against the
not have been degraded in the eyes of
plaintiffs intentionally, deliberately,
his relatives or his society. If such
knowingly, fully160 well of the
acquitted person cannot maintain an
consequences because the sole
action of malicious prosecution, then
purpose of the defendant has been to
any person can initiate any criminal
defame, demoralize and pressurize the
proceeding against the other person
plaintiffs so that they may not pursue
without any fear of consequences of his
the legal remedies against the
falsehood. 399
defendant and other tenants of the
property. By falsely implicating the
plaintiffs in a criminal case, the
 Legal Dictation-45 for divorce by mutual consent before the
appropriate Court at Kolhapur. The Court
The petitioner is the husband of the in 240which such a petition is filed, shall
respondent herein. The petitioner came dispose of the same in accordance with
up with the above petition seeking law, keeping in mind the agreement
transfer of the Matrimonial Case No. 67 of between the parties and ensuring that any
2013 pending on the file of the Additional inconvenience caused to the parties is
District Judge, Court No. 2, Kolhapur to kept to the minimum. The petitioner shall
the other Court at Satara. On 01.03.2019, visit H.D.F.C. Bank along with the
this Court ordered issue of notice only for respondent and sign necessary
the purpose of referring the matter to documents for the release of the title
mediation. Subsequently, the matter was deeds and other papers concerning the
referred to the Supreme Court Mediation property at Kanchan Towers, Navi
Centre. In the Mediation Centre, the80 Mumbai. The title suit being pending
parties have reached a settlement before the Civil Judge, Senior Division,320
agreement. The marriage between the Gadchiroli filed by the petitioner herein
petitioner and respondent was shall stand dismissed as withdrawn. The
solemnized as per Hindu rites on respondent shall relinquish her share in
26.11.1993 at Sangli. Both parties resided the property situated at New Panvel,
together as husband and wife till Mumbai and the expenses for execution
22.01.2012. There is one male child, of all necessary documents shall be borne
namely, Nangare Manan Raman from this by the petitioner so that the said property
wedlock who is a major. Thereafter, due is transferred to the petitioner fully and
to the differences between the parties, absolutely. The respondent’s name shall
they started living separately with their be removed from joint ownership of the
respective parents. This Hon’ble Court lockers at Axis Bank, Lower Parel Branch,
vide its order dated 06.11.2019 was Mumbai and Dena Bank, Vashi Branch,
pleased to refer the matter to160 Mumbai so that the petitioner becomes
Mediation Centre, Supreme Court of the sole and absolute owner. 408
India, New Delhi. Comprehensive
mediation sessions were held with the
parties separately and jointly on
13.12.2019, 22.01.2020 and today, that is,
on 23.01.2020 and with the indulgence of SUBSCRIBE
counsels and mediators, the parties have
arrived at an amicable settlement. In the STENO RJ
light of the settlement reached between
the parties, the transfer petition is
disposed of. The parties shall file a petition
 Legal Dictation-46 both. Under Section 432, any
inundation or obstruction to public
Mischief means causing wrongful loss
drainage with injury or damage shall be
or damage to the property of public or
punishable with imprisonment of five
any person or destruction of property
years or fine or both. Under Section
or change in situation of property or
433, destruction or removing240 or
destroys or diminishes value or its
rendering useless any light house, sea
utility or affecting it injuriously. Under
mark, buoy or any other thing placed as
Section 426, punishment for mischief is
a guide for navigator shall be punished
three months. Under Section 427,
with imprisonment of seven years or
punishment for causing mischief to the
fine or both. Under Section 435,
property is two years or fine. Under
causing mischief to the property by fire
Section 428, mischief caused by killing,
or explosive substance is punishable
poisoning, maiming or rendering
with the imprisonment which may
useless any animal is punishable with
extend up to ten years, whereas under
imprisonment up80 to two years or fine.
Section 436, causing mischief by fire or
Under Section 429, mischief caused by
explosive substance for the destruction
killing, poisoning, maiming or rendering
of building used as a place for worship
useless any cow, buffalo, mule,
or human320 dwelling or place of
elephant, horse or camel is punishable
custody shall be punished with the life
with imprisonment which may extend
imprisonment or imprisonment which
to five years or fine or both. Under
may extend to ten years and shall also
Section 430, mischief caused by
be liable to fine. Under Section 437,
diminution of water for agricultural
causing mischief by destruction or
purposes or irrigation works or
damage of docked vessel shall be
preparation of food or drink for human
punishable with imprisonment of up to
beings or animals or cleanliness or
seven years and fine, whereas if the
manufacturing shall be punishable by
offence of Section 437 is caused by fire
the imprisonment of five years or
or explosive substance, then it shall be
fine160 or both. Under Section 431,
punished with imprisonment for life or
mischief caused by causing damage to
up to ten years and fine under Section
public drainage, bridge, navigable river
438. 404
or navigable channel which is artificial
or natural or which is impassable or
unsafe for travelling or conveying of
transport shall be punishable with
imprisonment of five years or fine or
 Legal Dictation-47 We all are slaves of time. The defendant
resisted the above claim and in doing
Punjab and Haryana High Court had
so, he pleaded that Shyam Singh,
directed for the re-designation of the
President of the D. A. V.240 College
petitioners. They were entitled to the
Society had not been referred by the
benefit of re-designation and equation
D.A.V. Society to institute the suit or to
of the posts of Senior Translators and
incur any expenditure in this
Junior Translators. It was conceded
connection. The defendant further
before the High Court that as per the
averred that site of the building was
practice, the State Government was
acquired by it and the building as well
adopting the criteria sanctioned for the
was constructed out of its funds and
Officers and servants of Punjab and
that the plaintiff was incorrect in
Haryana High Court and accordingly,
stating that the said land was acquired
the Chief Justice of the High Court had
by it and the building also was
similarly recommended for the re-
constructed at its cost. The Defendant
designation and equation80 of the posts
No. 2 felt aggrieved from the above
in question. The aforesaid judgment of
320and filed an appeal in the Court of
Punjab and Haryana High Court has
District Judge, Hoshiarpur. On that
been reversed by this Court through its
basis, respondents represented to the
Registrar. These have been equated
Chief Justice of the High Court to allow
with the posts of Superintendent in the
them similar benefits. The State of
establishment of Punjab Civil
Punjab was reorganized into States of
Secretariat. We are absolutely
Punjab, Haryana and Himachal
conscious that in the case at hand, the
Pradesh. After attaining the status of
seniority has not been disturbed in the
full statehood, High Court of Himachal
promotional cadre and no promotions
Pradesh formulated its own Service
may be unsettled. Anyone who sleeps
Rules. It is not necessary for us to
over his right is bound to suffer. The
examine different qualifications for
seniors cannot be denied160 the
appointment and as to the mode of
promotion. We may hasten to add that
their recruitment or placement in the
the same may not be applicable in all
service.405
circumstances where certain categories
of Fundamental Rights are infringed.
Equality has to be claimed at the right
juncture and not after expiry of two
decades. It has been said that
everything may stop, but not the time.
 Legal Dictation-48 The inquiry under this Section 240shall
be completed within a period of four
Any child shall be presumed to be an
months from the date of first
innocent of any mala fide or criminal
production of the child before the
intent up to the age of eighteen years.
Board and this period can be extended
All human beings shall be treated with
for a maximum period of two more
equal dignity and rights. Every child
months by the Board. A preliminary
shall have a right to be heard and to
assessment in case of heinous offences
participate in all processes and
under Section 15 shall be disposed of by
decisions affecting his interest and the
the Juvenile Justice Board within a
child’s views shall be taken into
period of three months from the date
consideration with due regard to the
of first production of child before the
age and maturity of the child. All
Board. For serious or heinous
decisions regarding the child shall80 be
offences,320 Board can be granted
based on the primary consideration
further extension of time for
that they are in the best interest of the
completion of inquiry by Chief Judicial
child and to help the child to develop
Magistrate or Chief Metropolitan
full potential. There shall be no
Magistrate for reasons to be recorded
discrimination against a child on any
in writing. Board shall take effective
grounds including sex, caste, ethnicity,
steps to ensure fair and speedy inquiry.
place of birth, disability and equality of
At the time of initiating inquiry, Board
access, opportunity and treatment shall
shall satisfy itself that the child in
be provided to every child. Every child
conflict with law has not been
shall have a right to protection of his
subjected to any ill-treatment by the
privacy by all means and throughout
police or by any other person or lawyer
the judicial process. Every child shall
or Probation Officer and take corrective
have 160the right to be reunited with his
steps in case of such ill-treatment. 404
family at the earliest. All past records of
any child should be erased except in
special circumstances. Where a child
alleged to be in conflict with law is
produced before Juvenile Justice Board, SUBSCRIBE
Board shall hold an inquiry in
STENO RJ
accordance with the provisions of this
Act and may pass such orders in
relation to such child as it deems fit
under Sections 17 and 18 of this Act.
 Legal Dictation-49 old Act contained identical provisions in
respect of a lot of matters connected
Appellants are the widow and children
with Claims Tribunal. For the purpose of
of accident victim. They filed a claim
the appeal only, those240 provisions
petition before the Tribunal claiming a
need to be considered which are
sum of Rs. 2,36,000/- as total
identically worded. No fault liability
compensation. Deceased was aged 35
envisaged in Section 140 of the M.V.
years when he died and he was earning
Act is distinguishable from the strict
by doing some business in
liability. In the former, the
manufacturing steel utensils. The
compensation amount is fixed and is
owner of jeep disclaimed the liability by
payable even if any one of the
denying even the fact of accident in
exceptions can be applied. It is a
which his jeep was involved.
statutory liability created without
Alternatively, he contended that if
which the claimant should not get any
there is any liability found against him
amount under that count.
in respect80 of the said jeep, the same
Compensation on account of accident
should be realized from insurance
arising from the use of motor vehicles
company as the vehicle was covered by
can be claimed320 under the M.V. Act
valid insurance policy. Tribunal rejected
even without the aid of a statute. The
the above contentions of jeep owner.
provisions of the M.V. Act permits that
However, Tribunal found that the front
compensation paid under no fault
wheel of jeep suddenly got burst
liability can be deducted from the final
resulting in disbalance and occurrence
amount awarded by the Tribunal.
of this accident. The rash and
Therefore, these two are resting on two
negligence act of driver of alleged jeep
different premises. We are, therefore,
is not established. Consequently, the
of the opinion that even apart from
Tribunal dismissed the claim for
Section 140 of the M.V. Act, an accident
compensation. However, the Tribunal
victim is entitled to get compensation
directed the insurance company to pay
from a Tribunal unless any one of the
Rs.160 50,000/- to the claimants by way
exceptions would apply. 400
of no fault liability envisaged in Section
140 of the Motor Vehicles Act, 1988.
For considering the above question we
may refer to the relevant provisions of
SUBSCRIBE
the M.V. Act. Of course, when accident STENO RJ
happened in this case, it was the old
M.V. Act which was in force. But, the