1. Contract of Agency – Agent cannot perform an act in his own right and for himself : Contract Act 1872 section 182

Agent cannot perform act in his own right and for himself as contract of agency is created when authority is given to agent to represent principal in dealing with third person or to do something for principal. In other words, it is the principal who, in law, is answerable to the third person for the acts done by his agent as long as the acts so performed fall within the scope of employment or authority of the agent.

Mumbai Agricultural Produce Market Committee, Mumbai v. Hon. Minister for Marketing Maharashtra State, Mantralaya & Ors. AIR 2015 Bombay 234

2. Right to vote – District Central Co-operative Bank – Non inclusion of defaulters names in voters list for not clearing outstanding dues, proper : Maharashtra Co-operative Societies Act, 1961

Denial of voting rights to petitioners and primary co-operative societies by not including their names in voters list for not clearing outstanding dues was held to be proper. It was also held that it does not amount to discrimination.

Prakash Bhanudas Kavade and Ors. v. Nashik District Central Co-operative Bank Ltd. Nashik AIR 2015 (NOC) 1116 (Bom.).

3. Winding up Petition – Unpaid salary, wages etc. is a debt – Ex employee has locus standi to file company petition as creditor of company: Companies Act, 1956

The outstanding or unpaid wages / salary of the workman/employee is a debt to be paid by the company. The expression creditor is intrinsically linked to the expression debt/ debts. Therefore the employee of the company has locus to file Company petition in respect of his unpaid wages/salary and emoluments, as having been filed by a creditor of the Company.

Jonathan Allen v. Zoom Developers Pvt Ltd. AIR 2015 Madhya Pradesh 152 (FB).

4. Release deed – Not registered – Would not confer any right on beneficiary : Registration Act, 1908 section 17

If Release Deed is not registered and property, subject matter of release deed, not belonging to executors, release deed cannot be termed as valid document it would not confer any right on beneficiary.

S. A. Ramalingam v. Elumalai. AIR 2015 Madras 235

5. Delegated Legislation – Delegatee cannot frame regulation that would not be in accord with statutory provisions

If on reading of the statute in entirety, such a power does not flow, a delegated authority cannot frame a regulation as that would not be in accord with the statutory provisions nor would it be for the purpose of carrying on the provision of the Act. The power to make subordinate legislation is derived from the enabling Act and it is fundamental that the delegate on whom such power is conferred has to act within the limits of authority conferred by the Act. Rules cannot be made to supplant the provisions or the enabling Act but to supplement it. What is permitted is the delegation of ancillary or subordinate legislative functions, or what is fictionally called a power to fill up details.

Petroleum And Natural Gas Regulatory Board v. Indraprastha Gas limited and others . AIR 2015 SC 2978.

6. Gift deed – Devolution of interest – Lis pendens – Transfer of property Act, section 122

When gift deed executed by deceased defendant during pendency of suit for partition in favour of donee defendant who was his brother but same could not be acted upon as another brother who was plaintiff’s husband was in possession of portion of property along with plaintiff and defendant died during pendency of proceedings, plaintiff will be entitled to share as section 8 of Hindu Succession Act would come into play and property will devolve on plaintiff, and other brothers and children of defendant being his class I heirs.

Kirpal Kaur v. Jitender Pal Singh and Ors. AIR 2015 SC 2967

7. Doctrines – Doctrine of stare decisis

Doctrine of stare decisis is based on legal maxim “stare decisis et non quota movere”. It means to stand by decisions rather to disturb what is settled.

Pradipta Padha & Ors. v. Laxmi Kanta Maity & Ors. AIR 2015 (NOC) 1176 (Cal.)

8. Limitation – Suit in wrong forum- Not barred by limitation

Prosecution of suit in wrong forum. Testamentary proceedings pursued in belief that rights of parties to estate of deceased would be decided therein. Filing of fresh suit laying claims to benefit of estates, not barred by limitation.

Vasantha Kumari and Anr. v. Rani Shantha alias Philomena and Ors. AIR 2015 Karnataka 167

9. Courts, Tribunal and Judiciary – Judicial Accountability – Ensured under the law via provisions of appeal, revision and review

No person, however high, is above the law. No institution is exempt from accountability, including the judiciary. Accountability of the judiciary in respect of its judicial functions and orders is vouchsafed by provisions for appeal, revision and review of orders.

State of Uttar Pradesh and Ors. v. Anil Kumar Sharma and anr (2015) 6 SSC 716.

10. Interpretation of Statutes – Taxing Statutes

In a taxing Act one has to look merely at what is clearly said. There is no room for any intendment. There is no equity about a tax. There is no presumption as to a tax. Nothing is to be read in, nothing is to be implied. One can only look fairly at the language used. It is trite that in case of reasonable doubt, the construction most beneficial to the subject is to be adopted.

Voltas Ltd. v. State of Gujarat (2015) 12 STD 658 (SC)

Ajay R. Singh

Comments are closed.