Mylapore Educational Academy for Law

Media reporting court proceedings
Fair and accurate reporting – Fair reporting privilege is based on presumption of “open justice” in courts – Media by virtue of S. 4 of Contempt of Courts Act, 1971 is entitled to publish a fair and accurate report – Media has a right to know what is happening in courts and to disseminate the information to the public which enhances the public confidence in the transparency of court proceedings.
Guidelines – Guidelines for reporting, held, cannot be framed across the board – What is an offending publication has to be decided on a case-to-case basis – It would require the courts in each case to see content and context of offending publication.
[Citation :(2012) 10 Supreme Court Cases 603]

Presumption / Burden of Proof

Held, once foundational facts required for raising said presumption have been established by prosecution burden lies on accused to prove as to how deceased died – Mere denial cannot be treated
as discharge of onus – Onus has to be discharged by leading proper and cogent evidence – Accused must show that death of deceased did not result from any cruelty or demand of dowry by accused –

[Citation - (2012) 8 Supreme Court Cases 594]

Compounding / Quash

Held, heinous and serous offences of mental depravity, murder, r**e, dacoity, etc., or under special statutes like Prevention of Corruption Act or offences committed by p***c servants while working in their capacity as public servants, cannot be quashed even though victim or victim’s family and offender have settled the dispute – Such offences are not private in nature and have a serious impact on society.

- But criminal cases having overwhelmingly and predominatingly civil flavor stand on a different footing – Offences arising from commercial, financial, mercantile, civil, partnership or like transactions or offences arising out of matrimony relating to dowry, etc. or family disputes where the wrong is basically private or personal in nature and parties have resolved their entrie dispute, High Court may quash criminal proceedings –

[Citation - (2012) 8 Supreme Court Cases 303]

Cheque/ Filing of

Transaction between complainant and accused not disputed by accused – Petitioner admitted entrustment, ex*****on or issuance of cheques as well as promissory notes – Holder in due course is authorized or empowered to fill up an instrument to make it a negotiable instrument – Respondent/complainant as a holder in due course, is entitled to fill up the cheques – It cannot be questioned by petitioner/accused.

[Citation: (2012) 4 MLJ(Crl) 586]

Hindu Succession Act/ Ancestral property/ Self- acquired property

If a Hindu owning immovable properties dies leaving behind his wife and children, then his wife and children would be Class I heirs, to inherit his property which cannot be described as ancestral property – They would be inheriting property of deceased male Hindu as their absolute property – Grandchildren of deceased original owner would have directly no right over it – Because person happens to be paternal grand son of an individual, he would not be entitled to lay claim over property of his grand father, unless property happens to be ancestral property.

[Citation: (2012) 7 MLJ 414]

Legal Opinion/Advocates liability

Liability of advocate who gave a legal opinion would arise only when such advocate could be shown to have been an active participant in a plan or conspiracy to defraud.

A professional’s only assurance which can be given by implication is that : (1) he is possessed of the requisite skill in that branch of profession which he is practicing, and (2) while under taking performance of the task entrusted to him, he would exercise his skill with reasonable competence – A professional may thus be held liable for negligence on one of the two findings viz. either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess – Consumer Protection Act, 1986, Ss. 2(1)(0) & (g).

[Citation: (2012) 9 Supreme Court Cases 512]

Habeas Corpus/Custody

A writ of habeas corpus is not to be issued in the matter particularly when the writ is sought against a parent for the custody of a child.

[Citation: 2012 -5-L.W.(Crl) 462]

Rash and negligent driving

Rash and negligent driving has to be examined in the light of the facts and circumstances of a given case – Speed of vehicle not always determinative – Reckless and negligent driving at slow
speed is also possible.

[Citation: (2012) 9 Supreme Court Cases 284]

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Consumer Protection Act

Persons who buy goods/products for a price for earning livelihood by self-employment and not for commercial purpose – come under the definition of Consumers. Eg..– Farmers/growers who buy seeds for a price for earning livelihood by self-employment and not for commercial purpose, covered by definition of ‘consumer’ under Section 2(d)(i) of Consumer Act

[Citation (2012) 3 MLJ 166]

Pleading/Drafting

When the omission is with reference to a specific plea which is a mandatory requirement, it cannot come within the purview of typographical error and such plea of typographical error cannot be entertained for allowing the amendment as there is a clear lack of ‘due diligence’.

[Citation (2012) 3 MLJ 159]