Criminal trial - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead. (2019(1) Apex Court Judgments 281 (S.C.)
Dishonour of cheque - Notice signed by complainant but without signatures of issuing Advocate - Finding that notice is bad in law, set aside. (2019(3) Criminal Court Cases 434 (Tripura)
Dishonour of cheque - Use of word `May' in S.148 of NI Act - It is generally to be construed as a "rule" or "shall" - Not to direct to deposit by appellate Court is an exception for which special reasons are to be assigned. (2020(1) Civil Court Cases 483 (S.C.)
Maintenance u/s 125 Cr.P.C. - Sufficient income of wife - It was for husband to lead evidence that what is the income of wife or where wife is working. (2019(4) Civil Court Cases 734 (S.C.)
Rejection of plaint - Plaint filed by playing fraud upon Court by making concealment of relevant facts from Court - Plaint rejected. (2019(1) Civil Court Cases 484 (Allahabad)
Rejection of plaint - Without there being an application - Order rejecting plaint set aside. (2019(1) Civil Court Cases 425 (Madras)
Temporary injunction - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach. (2020(1) Apex Court Judgments 259 (S.C.)
Will - One of the attesting witness signed with different pen/ink - This by itself not make the Will suspicious. (2019(2) Civil Court Cases 432 (P&H)
Child custody - Modification of interim order of High Court - Child shall not be taken out of the country without leave of High Court - Parties restrained from instituting any fresh litigation in relation to pending dispute be it criminal or civil against each other or the members of their family or against school where child is now studying, or advocates on either side, without express permission from High Court. (2019(1) Apex Court Judgments 074 (S.C.)
Dishonour of cheque - Demand notice - Mistake of cheque number in notice does not make the notice defective or invalid. (2020(2) Criminal Court Cases 764 (Kerala)
Joinder of causes of action - Plaintiff may unite in the same suit several causes of action against same defendant or the same defendants jointly - There cannot be joinder of causes of action when there are different set of defendants who have different causes of actions. (2019(2) Civil Court Cases 127 (S.C.)
Plot - Appellant caused loss, inconvenience and mental harassment to the respondent while completing construction - Compensation awarded - Order upheld. (2019(1) Civil Court Cases 095 (S.C.)
Rent & Eviction - Bona fide need - Petition dismissed - Order of eviction passed by Appellate Court - As Appellate Court did not go into issue of bona fide necessity as such High Court restored order of Rent Tribunal - No factual finding recorded either by first Appellate Court or High Court on question of bona fide need - Matter remanded to Appellate Tribunal for decision afresh in accordance with law. (2019(1) Apex Court Judgments 001 (S.C.)
Striking off defence - Tenant paid rent even though a little late - Defence should normally not be struck off at a very belated stage when evidence was led after exchange of pleadings - Order striking of defence of tenant set aside. (2019(1) Civil Court Cases 392 (Allahabad)
Will - When both attesting witnesses are not present at same time, still Will can be validly executed and attested, as it is not necessary that both the attesting witnesses must be present at one point of time. (2019(3) Civil Court Cases 155 (P&H)
Bail - Court not to go deep into merits of the matter - Court not to go into evidence on record in such a depth which amounts to ascertaining probability of conviction of accused - Factors to be taken into consideration analysed - In the instant case as High Court while granting bail failed to appreciate several crucial factors that indicate that it was highly inappropriate to grant bail - Order granting bail set aside. (2019(1) Apex Court Judgments 023 (S.C.)
Criminal breach of trust - Absence of convincing evidence as to entrustment of dowry articles - Proof of entrustment is one of the main ingredients of offence of criminal breach of trust to attract an offence punishable u/s 406 IPC. (2020(3) Criminal Court Cases 759 (P&H)
Dishonour of cheque - Loan stated to be advanced in the month of April but date on which loan advanced not stated - Issuance of cheque to discharge legally recoverable debt cannot be accepted. (2019(4) Criminal Court Cases 538 (Karnataka)
Imprisonment in default of payment of fine - Cannot be deemed to be sentence - Accused can avoid imprisonment in default of payment of fine, by paying payment of fine. (2020(3) Criminal Court Cases 362 (Kerala)
Offence u/s 376 IPC and Ss.3/4 of POCSO Act - Punishment higher in degree for one and same offence, as provided under POCSO Act and IPC is to be chosen and awarded. (2020(1) Criminal Court Cases 378 (Allahabad)
Second complaint on same allegations - Mentioning of reasons for withdrawal of an earlier complaint is not a condition precedent for maintaining a second complaint. (2019(1) Criminal Court Cases 748 (S.C.)
Service - Compulsory retirement - Court can interfere with an order of compulsory retirement when it fails test of reasonableness. (2020(2) Apex Court Judgments 169 (S.C.)
Temporary injunction - Any co-sharer/co-owner who is out of possession can very well seek an injunction against other co-owner in possession of property, if acts of co-owner are detrimental to interest of co-owner not in possession. (2020(1) Civil Court Cases 388 (Rajasthan)
Will - Absolute right or life interest - When apparently absolute bequest is followed by a gift of the same to another on the demise of first, then interest of first bequest is considered as a life interest only. (2020(3) Civil Court Cases 522 (Kerala)
Child witness - If Court is satisfied that child witness below the age of twelve years is a competent witness, such a witness can be examined without oath or affirmation. (2019(3) Apex Court Judgments 338 (S.C.)
Consumer - Medical negligence - Commission cannot order constitution of a medical board to collect evidence on behalf of complainant. (2019(3) Civil Court Cases 562 (S.C.)
Criminal Proceedings - Quashing - In certain cases very same set of facts may give rise to remedies in civil as well as criminal proceedings and even if a civil remedy is availed by a party, he is not precluded from setting in motion proceedings in criminal law. (2020(2) Apex Court Judgments 128 (S.C.)
Default bail - Once investigation agency files charge sheet within prescribed period, right of accused to get default bail ceases. (2020(3) Criminal Court Cases 386 (Kerala)
Dishonour of cheque - Conviction - Death of accused - Legal heirs have right to challenge conviction of their predecessor for the purpose that he was not guilty of any offence - Legal heirs in such a case are neither liable to pay fine or to undergo imprisonment. (2019(4) Civil Court Cases 338 (S.C.)
Dishonour of cheque - Loan of 23 lakhs - Failure to prove financial capacity of lending such a huge amount - Complainant himself admitted that he was under debt - Accused rightly acquitted. (2020(3) Criminal Court Cases 696 (P&H)
Dishonour of cheque - Signature on cheque not disputed - Plea that cheque was removed from his office table - Not convincing nor the same is supported by any evidence - Accused rightly convicted. (2020(1) Civil Court Cases 001 (S.C.)
Notice u/s 80 CPC - Absence to mention provision of law - No requirement to mention provision of law so long ingredients of S.80(3) CPC are met. (2019(3) Apex Court Judgments 444 (S.C.)
Service - People suffering from disabilities are also socially backward and therefore, entitled to same benefit as given to SC/ST candidates. (2020(2) Apex Court Judgments 399 (S.C.)
Civil suit - FIR on the basis of same matter which was involved in civil suit - FIR ought not to have been allowed to continue as it would prejudice the interest of parties and stand taken by them in the civil suit - FIR quashed. (2020(1) Civil Court Cases 593 (S.C.)
Consumer complaint - Can be dismissed in limine and its admission can be declined without notice to the opposite party. (2019(2) Civil Court Cases 271 (S.C.)
Dishonour of cheque - Issuance of cheque to outgoing partner without dissolution of firm or rendition of accounts or settlement of his share/contribution - Proceedings quashed. (2020(1) Civil Court Cases 100 (Madras)
Gang rape - Mere consent of a woman to accompany a man to market in no way is sufficient to infer that she was a consenting party to perform sexual intercourse. (2019(4) Criminal Court Cases 422 (Rajasthan)
Quashing of complaint - Court is only required to see the allegations made in the complaint. (2019(2) Criminal Court Cases 770 (S.C.)
Rent & Eviction - When eviction is sought on ground of sub letting, onus to prove sub letting is on landlord. (2020(1) Civil Court Cases 794 (S.C.)
Secondary evidence - Non filing of reply or to make any objection to the application filed u/s 65 of the Act - Court to take a liberal view in allowing application. (2019(3) Civil Court Cases 733 (Rajasthan)
Specific performance - Issuance of notice calling upon defendant to execute sale deed - Does not constitute compliance of requirement of readiness and willingness - Plaintiff should establish that he or she was ready and willing to perform essential terms of contract. (2020(3) Civil Court Cases 388 (Karnataka)
Temporary injunction - Suit for specific performance - Agreement gives impression that it is transcribed on a signed stamp paper - No proof as to plaintiff's possession - Injunction declined. (2019(2) Civil Court Cases 034 (Rajasthan)
*Attachment before judgment* - On the date of passing order of attachment defendant was not the owner of property - Apprehension of alleged intended sale lost - Owner of property is entitled to get the attachment lifted. (2020(3) Civil Court Cases 360 (Kerala)
*Cognizance of offence* - Issuance of summons - Case based on police report - Magistrate not required to record any reasons at the stage of issuing summons to accused. (2019(3) Criminal Court Cases 287 (S.C.)
*Consumer* - Commercial purpose - When farmer purchases goods or avails services in order to grow produce in order to eke out a livelihood, the fact that the said produce is being sold back to the seller or service provider or to a third party cannot stand in the way of the farmer amounting to a "consumer". (2020(3) Civil Court Cases 587 (S.C.)
*Contraband* - Non-examination of independent witness is a material circumstance against prosecution and benefit thereof, ought to be extended to accused. (2020(3) Criminal Court Cases 277 (P&H)
*Dishonour of cheque* - Cheque dishonoured on ground of insufficient funds - Handwriting expert - Merely because cheque was dishonoured on account of insufficiency of funds does not curtail rights of accused to prove that cheque does not bear his signatures. (2020(1) Civil Court Cases 378 (Rajasthan)
*Divorce* - Cruelty - Refusal by wife to wear `sakha and sindoor' - Projects wife to be unmarried and/or signify her refusal to accept marriage with husband - Divorce granted to husband. (2020(3) Civil Court Cases 149 (Gauhati)
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