Agreement to sell - Non execution of sale deed inspite of receiving entire sale amount - Vendor left their place of residence without leaving their addresses and shut off their mobiles - Allegations not of civil nature - Petition for quashing dismissed. (2017(3) Criminal Court Cases 417 (M.P.)
Divorce - Exemption to file divorce petition within one year of marriage - A case of exceptional hardship to husband - Exemption granted. (2017(3) Civil Court Cases 442 (Uttarakhand)
Eye witness fled from the spot - It completely over-rides the direct evidence rule. (2017(3) Criminal Court Cases 346 (S.C.)
Marriage - Girl aged 14 years and boy aged above 18 years - Till the minor child attains the age of majority, parties are merely contracting parties and not husband and wife. (2017(3) Civil Court Cases 490 (Gujarat)
Partition - Partial partition - Not impermissible in all events. (2017(3) Civil Court Cases 425 (H.P.)
Will - Execution - Scribe of Will one of the attesting witness - There is no law that he is the best witness and he alone is competent to depose about execution of Will. (2017(3) Civil Court Cases 510 (Madras)
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Acquisition of land - Interest - No period can be excluded on whatever account. (2016(1) Apex Court Judgments 664 (S.C.)
Charge framed for higher offence - Accused can be convicted for lesser offence provided such lesser offence is "cognate offence" - Ingredients of such lesser offence has to be common - If offence/s for which charge is framed, is one and other offence for which conviction is recorded is different in its ingredients or it is different in its nature then conviction would not sustain as no charge was framed. (2016(1) Criminal Court Cases 813 (Guj.)
Cross examination - One is required to put one's own version in cross-examination of opponent - Effect of non cross-examination is that statement of witness has not been disputed. (2016(2) Apex Court Judgments 372 (S.C.)
Dishonour of cheque - Jurisdiction - Place where a cheque is delivered for collection has jurisdiction. (2016(1) Criminal Court Cases 545 (S.C.)
Dishonour of cheque - Signed on face and back - Cheque intended to be used as a 'self cheque' and not issued by accused to any other person - Cheque was not delivered to the complainant by accused so as draw presumption u/s 139 of the Act. (2010(1) Civil Court Cases 344 (Karnataka)
Dying declaration - Found to be truthful and statement contained therein made voluntarily and recorded correctly - Not to be doubted for the reason that signature or thumb impression was not obtained on said document. (2016(1) Criminal Court Cases 840 (S.C.)
FIR - No delay in lodging FIR - Question of its manipulation does not arise. (2016(1) Apex Court Judgments 043 (S.C.)
Jurisdiction - Courts where consequence of an offence occur have territorial jurisdiction to try the case. (2014(1) Criminal Court Cases 413 (Rajasthan)
Mortgage - Redemption - Sale of interest of one mortgagor in favour of mortgagee - Co-mortgagor is entitled to seek redemption to the extent of his own share on making payment of proportionate part of amount. (2010(1) Civil Court Cases 744 (Bombay)
Narcotic Drugs - Seizure, sampling, safe keeping and disposal of seized Drugs, Narcotics and Psychotropic substances - Measures to prevent substitution and pilferage from stores - Directions issued. (2016(1) Apex Court Judgments 386 (S.C.)
Pledge - Loan agreement - Default in repayment - Right of precedence of loan amount or repayment of dues of workers and cane growers - Workmen in the absence of liquidation, stand only as unsecured creditors and their right cannot prevail over the rights of the pawnee of goods. (2016(2) Apex Court Judgments 408 (S.C.)
Preliminary issue - An issue for which evidence is required cannot be treated as a preliminary issue. (2014(2) Civil Court Cases 206 (Delhi)
Public servant - Sanction for prosecution - Principles governing - Analysed. (2016(2) Apex Court Judgments 436 (S.C.)
Application for leave to file suit u/s 92 of the Code - has to be annexed with the plaint as maintainability of application can be decided on the basis of averments in the plaint. (2017(1) APEX COURT J 666 (S.C.)
Contempt - High Court cannot initiate contempt proceedings for contempt of Supreme Court - High Court and Supreme Court are empowered to punish for its contempt and contempt of Courts subordinate to it. (2017(1) APEX COURT J 414 (S.C.)
Direction for registration of FIR and investigation u/s 156(3) Cr.P.C. - Complaint should not be improbable and must show sufficient ground and commission of offence on the basis of which registration of a case can be ordered. (2017(2) Criminal Court Cases 353 (S.C.)
Equity - A trespasser or encroacher has no equity in his favour. (2017(2) CIVIL COURT CASES 660 (H.P.)
Maxim - `Boundaries prevail over extent' - Not applicable when demarcation of boundaries of property is absent. (2017(2) Civil Court Cases 261 (Madras)
Production and discovery of documents - Both are distinct and independent - Party may not apply for both at a time and may ask independently for each one. 2017(1) Civil Court Cases 141 (Gujarat)
Self acquired property - Son and daughter-in-law have no legal right to live in that house and can live in the house only at the mercy of parents upto the time parents allow. (2017(1) Civil Court Cases 790 (Delhi)
Agreement to sell 164 bighas 7 biswas of land - Grant of permission to purchase 145 bighas of land - Contract between parties does not stand frustrated. (2014(3) Civil Court Cases 344 (S.C.)
Consent decree - Counsel appearing for a party is fully competent to put his signature to the terms of any compromise. 2014(4) Civil Court Cases 415 (S.C.)
Dishonour of cheque - `Stop payment' - Make a person liable for offence u/s 138 of the Act. 2014(4) Civil Court Cases 583 (S.C.)
Divorce - Cruelty - Non payment of maintenance - Amounts to cruelty. (2014(2) Civil Court Cases 488 (P&H)
Execution - Possession delivered - Trespass into property thereafter - Petitioner cannot be driven again to Civil Court for recovery of possession of his property - Police protection granted with direction to restore possession and to ensure maintenance of law and order situation - If necessary respondents be evicted by force. 2014(4) Civil Court Cases 729 (Kerala)
Maintenance u/s 125 Cr.P.C. - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Husband not liable to pay maintenance to child. (2014(2) Civil Court Cases 220 (S.C.)
Quashing of FIR at the instance of third parties is unknown to law. (2010(1) Criminal Court Cases 553 (S.C.)
Rape - Prosecutrix five months pregnant - Accused cannot be convicted on the sole basis of DNA report. (2010(1) Criminal Court Cases 129 (Gujarat) (DB)
S.156(3) Cr.P.C. - Complainant asked to lead his evidence before police can be directed to register FIR - Order passed by Magistrate, upheld. (2010(1) Criminal Court Cases 058 (Delhi)
Service - Misconduct - `Doctrine of Proportionality' - This doctrine has to be followed by the employer/employers at the time of taking disciplinary action against their employees/workmen to satisfy the principles of natural justice and safeguard the rights of employees/workmen. (2014(3) APEX COURT J 652 (S.C.)
Sniffer dog - Said dog traced accused and he was formally arrested thereafter - Accused has not been convicted on ground that sniffer dog tracked down house of accused and barked at him - Contention that identification of accused by sniffer dog cannot be relied upon as it is not admissible in order to prove guilt, rejected. 2014(2) APEX COURT J 205 (S.C.)
Stamp purchased in the name of one `H' by mentioning wrong name of his father - Such document cannot be impounded or the document cannot be declared an instrument having no stamp duty or insufficient stamp duty only for the reason that description of purchaser in the stamp duty is not correctly stated or the purchaser of stamp duty is not the one of the party to the instrument. (2014(2) Civil Court Cases 677 (Allahabad)
Temporary injunction - Cannot be granted when suit for permanent injunction is not maintainable. (2014(3) Civil Court Cases 100 (Rajasthan)
Usufructuary mortgage - Right to recover possession - Commences when mortgage money is paid out of rents and profits or partly out of rents and profits and partly by payment or deposit by mortgagor - Until then, limitation does not start for purposes of Article 61 of the Schedule to the Limitation Act. (2014(3) APEX COURT J 303 (S.C.)
Written statement - Amendment - A person who denies title of plaintiff does not lose a right to set up a plea of irrevocable licence. (2014(2) Civil Court Cases 377 (P&H)