Important Decisions

Adverse inference – Best evidence – Not produced – Adverse inference to be drawn. (2017(3) Criminal Court Cases 077 (Allahabad) 

Dishonour of cheque – Compensation not paid and default sentence undergone – Compensation is still recoverable. (2017(3) Criminal Court Cases 150 (S.C.) 

Execution – Objections – An erroneous decree cannot be equaled with one which is a nullity. (2017(3) Civil Court Cases 045 (S.C.) 

Land acquisition – Subsequent purchaser, assignee, successor in interest, power of attorney, etc. can seek a declaration that land acquisition proceedings have lapsed. (2017(2) APEX COURT J 530 (S.C.) 

Recall of a witness for cross-examination – Cannot be denied on the ground that matter has reached the stage of examination of accused u/s 313 Cr.P.C. (2017(3) Criminal Court Cases 257 (Rajasthan) 

Rent and eviction – Bona fide requirement – Death of landlord during pendency of appeal filed by tenant against order of eviction – L.R’s continued the family business – L.R’s cannot be relegated for another round of litigation for eviction – However, in a given case the bona fide requirement of original landlord and that of surviving legal heirs may vary – Eviction order passed by First Appellate Authority, restored. (2017(2) APEX COURT J 493 (S.C.) 

Will – Presumption u/s 90 of the Act does not apply to Will. (2017(3) Civil Court Cases 232 (H.P.) 

Additional accused – Newly added accused has right to cross examine witnesses who were examined before framing of charge. (2010(1) Criminal Court Cases 759 (S.C.)  

Assessment of income tax returns – Presumption of truth is attached to them though it is rebuttable – Presumption cannot be rebutted by oral evidence only. (2014(2) Civil Court Cases 653 (P&H) 

Court is empowered to correct clerical or arithmetical mistakes – Corrections contemplated are of correcting only accidental omissions or mistakes and not all omissions and mistakes. (2014(3) APEX COURT J 189 (S.C.) 

Dishonour of cheque – Loan advanced by husband but cheque issued in favour of wife – Husband not examined – No proof of advancing loan – Accused acquitted. (2010(1) Criminal Court Cases 887 (Karnataka) 

Dying Declaration – Part of dying declaration not correct – Whole of the dying declaration can be rejected only when part of dying declaration which is not correct is so indissolubly linked with the other part that it is not possible to sever the two parts. 2014(2) APEX COURT J 068 (S.C.) 

Execution – Joint and several decree – All the J.D’s are to be arrayed as parties – Filing of Execution petition against one of the J.D. is unsustainable. (2014(2) Civil Court Cases 685 (A.P.) 

Family settlement – Partially acted upon – Defendant is estopped from challenging the same. (2014(3) Civil Court Cases 660 (Delhi) 

Insecticides – Company – In absence of impleading company as party, proceedings cannot be initiated against petitioner – Criminal proceedings and summoning order quashed. (2015(1) Criminal Court Cases 785 (P&H)   

Maintenance u/s 125 Cr.P.C. – Parents – Entitled to claim maintenance from married or unmarried daughters – When claim is from a married daughter, Court should be satisfied that married daughter has got sufficient means of her own, independently of the means or income of her husband. 2014(4) Civil Court Cases 648 (Kerala) 

Partition suit – Terms of perpetual lease of land underneath the property prohibiting partition thereof do not prevent the superstructure from being partitioned. 2014(4) Civil Court Cases 789 (Delhi) 

Plot allotment – Statutory Boards and Development Authorities which are allotting sites with the promise of development, are amenable to the jurisdiction of consumer forum in case of deficiency of services. (2014(2) Civil Court Cases 772 (S.C.)

Rejection of plaint – Averments in plaint vague, indefinite and lacking in material particulars – Documents necessary to support even prima facie the averments in plaint not produced – Plaint rejected. (2014(2) Civil Court Cases 589 (Delhi) 

Search – Independent witnesses available but no effort made to join them – House was not in exclusive possession of accused, but as per version of prosecution itself it belonged to sister of accused – However, neither the name of the sister nor number of house is forthcoming nor she was made a witness of recovery – Held, recovery becomes doubtful. (2014(1) Criminal Court Cases 543 (Delhi) 

Specific performance – If under terms of contract, plaintiff gets an unfair advantage over defendant, Court may not exercise its discretion in favour of plaintiff – If it is inequitable to grant specific relief, then also Court would desist from granting decree to plaintiff. 2014(2) APEX COURT J 289 (S.C.) 

Waqf property – Suit for eviction against tenant(s) of waqf property is exclusively triable by civil Court. (2014(3) Civil Court Cases 509 (S.C.)

 

Kapil Chandna 
on 03 August 2017
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