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Advocate Entitled to Agreed Professional Fees Adjustable Against Compensation Amount: Delhi HC Dismisses Client’s Appeal on Failure to Prove Payment
The Court also acknowledged that the advocate’s conduct was improper in retaining the entire amount of Rs.60,000/- received on behalf of the client.
Delhi High Court held that acceptance of pagri does not make a tenancy perpetual or confer ownership rights on a tenant. Upholding an eviction decree, the Court held that filing of the suit itself amounted to notice of termination and found the Delhi Rent Control Act inapplicable to the premises.
Delhi High Court ruled that a daughter-in-law cannot continue occupying her sister-in-law’s property merely because she resided there with her husband. Once the husband’s permissive right ended, she had no independent right to remain in possession.
The Delhi High Court, in a criminal contempt petition under Article 215, held that freedom of speech does not protect scandalous and unsubstantiated allegations of corruption and criminality against a sitting Judge, as such publications undermine the administration of justice.
The plaintiffs filed suit for damages on account of defamation, insults and derogatory remarks placed by the defendants on the social media.
The Court, however, noted that considering the seminal importance and significance of the issues raised in it, it required a little more research and appreciation of law to decide these issues, which are relevant not only for these proceedings, but also in any other criminal proceedings.
The Court held that insurance claim cannot be repudiated merely because driving licence was in booklet form prior to smart card conversion deadline.
“Mere bald cursory statement in a Complaint that the Director (arrayed as an accused) is in charge of and responsible to the company for the conduct of the business of the Company without anything more as to the role of the Director, is not sufficient.”
The Petitioners being Security Guards, had the bounden duty to ensure that no unauthorised person enters the office premises… act of restraining the Complainant for entering the Office for which she had no right, cannot be termed as an act of wrongful restraint.”
Minor inconsistencies arising from age, vocabulary or manner of narration do not erode the credibility of the prosecution, particularly where the allegation relates to commission of sexual assault with sexual intent.
As per the settlement, the husband agreed to deposit a total sum of Rs. 30,00,000. However, the husband merely deposited cheques of certain amounts, which had not been released to the wife, due to husband’s failure to appear in Family Court, resulting in dismissal of divorce petition.
“The allegations in the present case are not merely of a single isolated incident but reveal troublesome conduct of the accused spanning over several months, involving physical intimidation and digital harassment.”
“A commercial activity involves investment of capital, profit and loss and co-operation of labor; on the other hand, the professional service of rendering advice in law is dependent upon one’s own academic qualification and individual skill. These peculiar and distinctive features of the legal profession do not permit its inclusion in commercial or semi-commercial activity, establishment, or institution.”
“The State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health.”
It is quite understandable that being the deceased’s father, he would have been highly traumatized due to untimely death of his daughter. However, it is quite evident from his first statement that no details of the alleged harassment of the daughter were mentioned.
In regard to the maintainability of the appeal, the Court observed that Section 376 CrPC provides that no appeal lies in petty cases, that is, where the sentence passed is for imprisonment for a term not exceeding 3 months or a fine not exceeding Rs 200 or both, then no appeal is maintainable.
The Court stated that it cannot be overlooked that the Order of maintenance dated is only ad-interim which implies that the Order shall be made after considering the affidavit of income, financial capacity and responsibilities of both the parties, aside from their personal qualifications.
The suicide note has no date, creating doubt about when it was written. It neither spells out any circumstance, which can be labelled as abetment on the part of wife and her brothers, nor does it disclose any proximate reason for the suicide.
“From the harmonious reading of the provisions of PC & PNDT Act, which make the offences as cognizable and non-bailable along with the provisions of Criminal Procedure Code, 1973, it cannot be said that no FIR can be registered or that the registration of FIR is barred under PC & PNDT Act.”
The Court stated that it cannot be overlooked that he has been in jail for more than twenty years and may be for a crime that he has committed but that does not denude him of his basic right to life.