A woman filed a court case to evict her tenants because her son needed the space to set up an electrical motor rewinding business. When she won, the tenant appealed in the high court. He contended that under the Karnataka Rent Act, a tenant can be evicted if the landlord family needs the space and the Act defines family as husband, wife and dependents. A son who earns and resides separately cannot be termed a dependent. Dismissing the appeal, the Karnataka High Court ruled that dependent here does not necessarily mean an economically dependent minor. A grown-up son can be considered a dependent if he has no accommodation or has inadequate accommodation (D.K. Jagannath vs Smt. Leelavati).
A company filed a complaint under Section 138 of the Negotiable Instruments Act (provision for initiating proceedings against a person whose cheque is dishonoured for insufficiency of funds) when cheques issued to it by another firm bounced because the account had been frozen. The accused firm contended that it could not be charged under Section 138 as the cheques were not returned because of insufficiency of funds. The firm said it was not responsible for freezing the account because the official liquidator who had taken over the administration of the company had done that. The Madras High Court, however, ruled that the accused must honour the cheque issued by it. (M/s Counterpoint Advt. Pvt. Ltd vs M/s Harita Finance Ltd)
A woman applied for a clerical post in a bank, for which she was not considered. When she asked why, the bank informed her that her application had reached after the last date for it was over. The woman then approached the Madras High Court, seeking information from the bank under the Right to Information Act. Rejecting the petition, the high court held that since the woman had herself failed to fulfil one of the conditions for employment, namely failing to file her application by a particular date, she was to blame for any prejudice she had suffered. She was, therefore, not entitled to seek information under the Right to Information Act (B.Bindu vs Secretary Tamil Nadu Circle Postal Cooperative Bank).
SOLON