IMPORTANT COURT CITATION NOTES

Appeal - Right of victim - Limitation - Victim has to file appeal within a reasonable time after date of knowledge of judgment impugned in appeal. (2015(3) Criminal Court Cases 586 (Kerala)

Cancellation of bail - Bail cannot be cancelled merely on the ground that there is threat to petitioner, as he is at liberty to move representation to authorities concerned. (2016(3) Criminal Court Cases 736 (P&H)

Criminal trespass - Complainant not able to show prima facie possession on the property - Civil dispute given color of criminal case - Complaint dismissed by holding that prima face case not made out even for conducting examination u/s 200 Cr.P.C. - Order of dismissal calls for no interference. (2017(1) Criminal Court Cases 129 (Delhi)

Custody of child - Hindrance by mother to visitation rights of husband - Father can take  police help - Even if some coercive step is required to be taken against the mother, he shall be free to take that in accordance with law, treating her action to be contempt of Court. (2017(4) Civil Court Cases 569 (Jharkhand)

Discharge - From one of two offences -  Court can convict for such offence for which he was discharged. (2017(1) Criminal Court Cases 149 (Rajasthan)

Dishonour of cheque - Complainant not sure about the date of advancing loan and as  who wrote the cheque and also not even aware when exactly and where exactly the transaction took place - These are serious lacunas which strike at the root of the complaint - Accused acquitted. (2014(1) Civil Court Cases 001 (S.C.)

Domestic Violence - Shared household - Means - House belonging to or taken on rent by husband or house which belongs to joint family of which husband is a member. (2015(3) Criminal Court Cases 637 (P&H)

Maintainability of suit - It is for plaintiff to first establish his right and then seek remedy - Plaintiff has to stand on his own legs and cannot take advantage of the weakness of the defendant's case. (2016(1) Civil Court Cases 047 (H.P.)

Maintenance pendente lite - Capacity of other party to earn cannot be taken into consideration, while granting maintenance pendente lite - It is only actual earning of opposite party on the basis of which relief can be granted - Permanent income and not casual income is relevant. (2017(1) Civil Court Cases 273 (Delhi)*

Offence u/ss 498-A, 406 IPC - Only incidents of unhappiness - Allegations in complaint and charge sheet does not satisfy ingredients of alleged offences - Proceedings quashed. (2017(4) Criminal Court Cases 514 (S.C.)

Partition - Execution sought after 30 years of passing of preliminary decree - Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree. (2017(4) Civil Court Cases 411 (S.C.)

Proof of a document - Neither mere admission of a document in evidence amounts to its proof nor mere marking of an exhibit of a document dispense with its proof, which is otherwise required to be done in accordance with law. (2016(1) Civil Court Cases 001 (S.C.)

Rent and eviction - Bona fide requirement - Comparative advantage and disadvantage - Law leans in favour of the person to whom the greater inconvenience and hardship is caused and would grant relief to landlord only when his hardships are likely to exceed the hardships which may be caused to the tenant. (2017(2) Apex Court Judgments 183 (S.C.)

Suit for possession - Suit for possession based on title - It is not necessary for plaintiff to prove his dispossession for seeking relief of possession. (2017(4) Civil Court Cases 558 (H.P.)

Voice sample - Text to contain words drawn from the disputed conversation but not the sentences from the disputed conversation. (2016(3) Criminal Court Cases 714 (S.C.) *Agreement to sell - Affidavit of presence attested by Notary/Oath Commissioner and not by Sub Registrar - Proves presence in office of Sub Registrar. (2013(1) Civil Court Cases 041 (P&H)*

Amendment of plaint - Challenge to sale deed of the year 2005 in 2015 - Suit filed in the year 2010 - No averment in application as to what prevented plaintiff to challenge the sale deed earlier - Amendment sought is barred by limitation. (2017(4) Civil Court Cases 847 (M.P.)

Co-sharer - When one co-sharer is in possession of the land, the other co-sharers must be considered to be in constructive possession of the land. (2014(1) Civil Court Cases 329 (Allahabad)

Dishonour of cheque - Accused not residing within jurisdiction of Court - Issuance of process without compliance of provision of S.202 Cr.P.C. - Order issuing process quashed. (2014(1) Criminal Court Cases 225 (Gujarat)

Dishonour of cheque - Pre-mature complaint - Proceedings liable to be quashed - Conviction set aside. (2017(4) Civil Court Cases 796 (H.P.)

Domestic violence - Committed before commencement of Act which continued even after passing of the Act - Wife is entitled for protection orders and residence orders u/ss 18 & 19 of the Act along with maintenance allowance. (2014(1) Criminal Court Cases 160 (S.C.)

Execution - Injunction in a representative suit - Wilful disobedience by a person not party to the suit - Decree is executable if such a person is for whose benefit the suit was defended. (2013(1) Civil Court Cases 242 (Kerala)

Jurisdiction - Return of complaint - S.201 Cr.P.C. can be applied immediately on receipt of complaint. (2014(1) Criminal Court Cases 217 (S.C.)

Money deposited by a customer with Bank - Period of limitation starts from the date when a demand is made. (2017(4) Civil Court Cases 681 (P&H)

Notice u/s 80 CPC  - Issued after suit became time barred - Limitation period would not be extended for further two months as this provision would be irrelevant. (2016(1) Civil Court Cases 082 (S.C.)

Recall of a witness - Wrong statement made against own record - Court to recall said witness. (2014(1) Criminal Court Cases 112 (S.C.)

Recall of summoning order - Magistrate has no power to review its own order. (2014(1) Criminal Court Cases 217 (S.C.)

SLP - Filed against a dead person - Provision of impleading L.R's applies only when a party dies during the pendency of petition and not when a petition is filed against a dead person - However, Court can allow amendment of petition. (2013(1) Civil Court Cases 164 (S.C.)

Specific performance - Decree of specific performance for part of a contract cannot be passed where plaintiff himself files suit for part of contract. (2017(4) Civil Court Cases 693 (P&H)

Temporary injunction - One of the foremost considerations is conduct of the parties. (2014(1) Civil Court Cases 023 (Patna)

Auction sale - Setting aside - Applicant has to satisfy Court that he has suffered substantial injuries by such lacunae in the procedure. (2018(1) Civil Court Cases 255 (Rajasthan)

Banking fraud - Criminal proceedings not to be quashed even if accused voluntarily settles monetary claim. (2014(1) Apex Court Judgments 078 (S.C.)

Dishonour of cheque - Execution - Proof - By suggestion in cross examination - Not sufficient proof. (2018(1) Civil Court Cases 234 (Kerala)

Dishonour of cheque - Prop. firm - Entire business taken over by Pvt. Ltd. Co. - Substitution of complainant can be allowed. (2016(1) Civil Court Cases 251 (Guj.)

Execution - Suit for recovery of possession of building given on rent - Destruction of building - Landlord is entitled to recover the land in which building existed. (2017(1) Civil Court Cases 281 (Kerala)

Inquest report and post-mortem report - Not basic or substantive evidence - Any discrepancy occurring therein cannot be termed as fatal or suspicious circumstance which would warrant benefit of doubt to accused. (2014(1) Criminal Court Cases 518 (S.C.)

Joint Family - There is legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. (2018(1) Civil Court Cases 167 (S.C.)

Malicious prosecution - Limitation of one year to file suit to be computed by excluding date of delivery of judgment and not time taken by Court to supply certified copy of judgment. (2016(1) Civil Court Cases 295 (P&H)

Partnership - Death of one of partners - Clause in deed to continue partnership on death of a partner and manner of calculating the dues - Ss.42(c) & 37 of Partnership Act, have no application in view of said clause - Thus, consequential direction for dissolution of firm and settlement of accounts by High Court set aside. (2018(1) Apex Court Judgments 159 (S.C.)

Service - Regularization - Part time appointment on fixed tenure - Termination of service after expiry of fixed tenure, not arbitrary. (2016(3) Apex Court Judgments 116 (S.C.)