A medical report is not the substantive evidence. The evidence given by the doctor in the Court on oath is the substantive evidence…………………(23)  

A Magistrate holding an enquiry under section 202 of the Code has no jurisdiction to weigh evidence in order to find out if prosecution had been able to prove the case. The scope of such enquiry is only to find out whether there is a prima-facie case....................(15)

A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. Therefore, a Managing Director of the company is responsible for the acts done in the name of the company. When the Managing Director of the Company is made party, there is no necessity for making the Company a party as the Director represents the company...................(15)

Words and phrases

Sexual harassment in employment

Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the job, impeding her ability to do the work or interfering with her employment opportunities. Sexual harassment may on its extreme form take the shape of a direct demand for sexual compliance coupled with the threat of firing if the woman refuses………………………………..(11)

Sexual harassment and tortious liability

Sexual harassment has a devastating effect on both the economic opportunities and the physical and emotional well-being of working woman. Victim suffers from insomnia, depression, nervousness, fear, feeling of powerlessness and other symptoms of psychological harm which sometimes lead to a complete emotional break­down. In consequence of this emotional break­down and sometimes independently physical effects such as headache, loss of appetite, loss of weight, nausea and fatigue may occur. It hinders a woman's chances of economic prospects by reducing her performance at job. So sexual harassment definitely gives birth of a liability under the law of tort……………………………..(12)

A person can be liable for tort as well and damages may be claimed against him for such wrong doing as well as against an organization or establishment if it fails to ensure the prevention of sexual harassment and bullying to a woman, where she can work with honour and dignity and without being harassed or disturbed by her male boss or other male colleagues………………………….(13)

Rejection of plaint

The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII, rule 11

Where the existence of the cause of action is required to be determined by adducing evidence, plaint cannot be rejected under Order VII, rule 11 of the Code of Civil Procedure, 1908…………………………(13)

The power to reject a plaint should not be exercised hastily without affording opportuni­ty to the plaintiff to cure the defect or to amend the plaint. A plaint cannot be rejected for defect of parties because such an exigency has not been contemplated under Order VII, rule 11 of the Code of Civil Procedure. Defect of parties can be cured by the plaintiff by impleading the con­cerned employees of the defendant company in the plaint……………………………..(13)