Cases head notes

ANDHRA PRADESH HIGH COURT
Abatement of suit - Death of defendant no.2 - Question of abatement of suit as against defendant no.2 does not arise, as defendant no.1 being mother of defendant no.2 is already there on record. (2020(2) Civil Court Cases 365 (A.P.)

DELHI HIGH COURT
Deletion of defendant Nos.4 and 5 as parties to suit - Plaintiff sought a decree against defendants No.4 & 5 - Order as to deletion of defendant Nos.4 & 5 set aside. (2020(2) Civil Court Cases 255 (Delhi)

KRANTAKA HIGH COURT
Dishonour of cheque - Loan transaction - Source of income - Non production of document with regard to source of income to advance loan - Not a ground to dismiss complaint. (2020(2) Civil Court Cases 390 (Karnataka)

KERALA HIGH COURT
Dishonour of cheque - Signatures - Expert opinion - In reply notice plea of security cheque raised - Order allowing application for expert opinion set aside. (2020(2) Civil Court Cases 356 (Kerala)

DELHI HIGH COURT
Dispossession - Settled possession - Possession of 12 days and that also for purposes of mourning, attending to guests and for performing last rites cannot be held to be settled possession. (2020(2) Civil Court Cases 472 (Delhi)

SUPREME COURT OF INDIA
Insurance claim - In the event two constructions are possible or in the event of an ambiguity, construction which is beneficial to insured should be accepted. (2020(2) Civil Court Cases 547 (S.C.)

PUNJAB & HARYANA HIGH COURT
Possession - Revenue entries - Possession of suit land as Gair Marusi i.e. tenant at will - However, rate of rent and date of inception of tenancy not disclosed - No evidence produced to show of paying any rent - Entry of Gair Marusi in revenue record in favour of father does not in any manner clothes plaintiff with any legal right to be in possession. (2020(2) Civil Court Cases 486 (P&H)

KERALA HIGH COURT
Restoration of suit dismissed in default - Interlocutory orders - Law as to - Analysed. (2020(2) Civil Court Cases 086 (Kerala)

KERALA HIGH COURT
Suit for damages - Injuries and disabilities suffered in an attack - Plaintiff can approach civil Court even when compensation is granted in the criminal case. (2020(2) Civil Court Cases 694 (Kerala)PUNJAB & HARYANA HIGH COURT
Amendment of plaint - Subsequent event - Plaintiff having right to file another suit on the basis of amendment sought - No reason not to allow amendment. (2020(2) Civil Court Cases 480 (P&H)

SUPREME COURT OF INDIA
Charge - Alteration/addition of charge - Court can alter or add charge even after completion of evidence arguments and reserving of judgment. (2020(1) Apex Court Judgments 804 (S.C.)

SUPREME COURT OF INDIA
Contraband - Unless there is actual production of case property in Court, prosecution case would not be established. (2019(1) Apex Court Judgments 445 (S.C.)

ALLAHABAD HIGH COURT
Dishonour of cheque - Cheque issued by one partner to the other towards his share/profit in the firm - Profit or share in a partnership firm is not a debt of one partner to the other - Proceedings quashed. (2020(2) Civil Court Cases 399 (Allahabad)

MADRAS HIGH COURT
Dishonour of cheque - Procedure for investigation of offence is not contemplated. (2020(2) Civil Court Cases 668 (Madras)

SUPREME COURT OF INDIA
Maintenance u/s 125 Cr.P.C. - Plea of nullity of marriage - Remarriage performed during pendency of appeal filed against decree of divorce - Re-marriage not nullity as appeal was filed after expiry of limitation to file appeal - Order to pay interim maintenance restored. (2020(1) Apex Court Judgments 548 (S.C.)

HIMACHAL PRADESH HIGH COURT
Specific performance - Relief of specific performance cannot be denied only on account of phenomenal increase of price during pendency of litigation. (2020(2) Civil Court Cases 525 (H.P.)

SUPREME COURT OF INDIA
Agreement to sell - Loan transaction or agreement to sell - Not even a remote suggestion in the document that there was any loan or borrowing transaction - Recitals and stipulations in the agreement in affirmation of agreement for sale and receipt of part payment from time to time - It is agreement to sell. (2019(4) Civil Court Cases 576 (S.C.)

ALLAHABAD HIGH COURT
Amendment of pleadings - Mistake of lawyer - Not a ground to allow amendment. (2019(2) Civil Court Cases 589 (Allahabad)

SUPREME COURT OF INDIA
Arbitrator - Allegations of bias - Not a ground for removal of an arbitrator. (2019(1) Apex Court Judgments 640 (S.C.)

DELHI HIGH COURT
Arms - Expression `possession' - Refers to possession backed with requisite mental element that is conscious possession. (2019(2) Criminal Court Cases 584 (Delhi)

SUPREME COURT OF INDIA
Attempt to murder - Proof of grievous or life-threatening hurt - Not a sine qua non for offence u/s 307 IPC. (2019(1) Criminal Court Cases 785 (S.C.)

PUNJAB & HARYANA HIGH COURT
Bail - Non appearance due to ill health - Accused if prevented by sufficient reasons to put appearance in Court, same cannot be construed as a deliberate and willful absence. (2020(2) Criminal Court Cases 798 (P&H)

MADHYA PRADESH HIGH COURT
Bigamy - Second marriage during subsistence of first marriage by a Muslim - Provision of S.494 IPC not attracted - Order taking cognizance set aside. (2019(4) Criminal Court Cases 556 (M.P.)

KERALA HIGH COURT
Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - Fraudulent inducement to part with the money specifically alleged in the complaint - No ground to quash complaint. (2019(4) Criminal Court Cases 445 (Kerala)

PUNJAB & HARYANA HIGH COURT
Contraband - Sample drawn by Judicial Magistrate not sent for chemical examination - Accused acquitted. (2019(4) Criminal Court Cases 623 (P&H)

SUPREME COURT OF INDIA
DNA test during investigation - Not permissible without carrying out substantial investigation. (2019(3) Apex Court Judgments 265 (S.C.)

SUPREME COURT OF INDIA
Maintenance u/s 125 Cr.P.C. - Even assuming that appellant is not the legally wedded wife and therefore not entitled to maintenance u/s 125 Cr.P.C. has efficacious remedy to seek maintenance under the provisions of Domestic Violence Act. (2019(1) Apex Court Judgments 107 (S.C.)

CHHATTISGARH HIGH COURT
Senior Citizens - Word parent includes step father and step mother. (2019(3) Civil Court Cases 610 (Chhattisgarh)

SUPREME COURT OF INDIA
Two FIRs - Sale of land on the basis of forged general power of attorney - Substratum of two FIR's common - Mere addition of Ss.467, 468 and 471 in the subsequent FIR cannot be considered as different ingredients to justify latter FIR as being based on different materials, allegations and grounds. (2020(2) Criminal Court Cases 257 (S.C.)


 ALLAHABAD HIGH COURT
Adoption deed - Presumption cannot be raised in absence of signature of natural father or mother of adoptee - Adoption deed not valid. (2020(2) Civil Court Cases 093 (Allahabad)

RAJASTHAN HIGH COURT
Agreement to sell - Dispute cannot be said to be civil nature as on the date of agreement to sell property was already mortgaged with bank which fact was concealed. (2020(2) Criminal Court Cases 375 (Rajasthan)

KERALA HIGH COURT
Cheating - Criminal breach of trust - Offence by company - When company is offender, vicarious liability of directors cannot be imputed automatically, in absence of any statutory provision to that effect. (2020(2) Criminal Court Cases 458 (Kerala)

SUPREME COURT OF INDIA
Consumer - Beneficiary of services, other than insured is a consumer under the Act. (2020(1) Apex Court Judgments 804 (S.C.)

SUPREME COURT OF INDIA
Contraband - Non-compliance of S.50 of NDPS Act - Nothing recovered on the alleged personal search of accused - Recovery was effected from bag carried by accused - Compliance of S.50 of the Act not required. (2020(2) Criminal Court Cases 803 (S.C.)

SUPREME COURT OF INDIA
Cross-objections - Tenable only if appeal is validly tenable. (2020(1) Apex Court Judgments 796 (S.C.)

KERALA HIGH COURT
Dishonour of cheque - Appeal - Deposit of minimum of 20% of fine amount or compensation - Such deposit is to be made within sixty days. (2020(2) Civil Court Cases 416 (Kerala)

PUNJAB & HARYANA HIGH COURT
Dishonour of cheque - Deposit of amount, in complainants account, after issuance of cheque and notice - Firstly to be adjusted towards the payment of cheque amount. (2020(2) Civil Court Cases 056 (P&H)

DELHI HIGH COURT
Dishonour of cheque - Offence by company - No specific role attributed to petitioners - Summoning order qua petitioners quashed. (2020(2) Civil Court Cases 313 (Delhi)

UTTARAKHAND HIGH COURT
Divorce - Cruelty - Leveling of unsubstantiated allegations of infidelity against wife - Wife also leveled same allegations against husband - It is not the wife who initiated this game and it is the husband who started it - Ground of cruelty against wife not proved. (2020(2) Civil Court Cases 294 (Uttarakhand)

SUPREME COURT OF INDIA
Insurance claim - Insurance policy - Two constructions possible - Construction which is beneficial to insured should be accepted. (2020(1) Apex Court Judgments 724 (S.C.)

ALLAHABAD HIGH COURT
Murder - Death due to burn injuries - Post mortem could not be done as cremated was done prior to that - This conduct of accused goes against them. (2020(2) Criminal Court Cases 240 (Allahabad)

ALLAHABAD HIGH COURT
Criminal trespass - Unauthorized construction on property owned and possessed by accused - Offence u/s 447 IPC is not made out. (2020(2) Criminal Court Cases 677 (Allahabad)

DELHI HIGH COURT
Cross examination - Sketchy cross examination of some witnesses and no cross examination on material aspects by Amicus Curiae - Conviction set aside - Matter remanded for re-trial which shall commence from the stage of cross examination of prosecution witnesses. (2020(2) Criminal Court Cases 469 (Delhi)

KERALA HIGH COURT
Dishonour of cheque - Demand notice - There is no requirement to mention cheque number in notice. (2020(2) Criminal Court Cases 764 (Kerala)

RAJASTHAN HIGH COURT
Dishonour of cheques - Loan of Rs.1.60 lakhs to a person with whom complainant had no connection whatsoever - Accused rightly acquitted. (2020(2) Criminal Court Cases 527 (Rajasthan)

KERALA HIGH COURT
Document - Process cannot be issued directing a person to prepare a document and produce it - Process can only be issued for the production of any existing document or thing. (2020(2) Criminal Court Cases 495 (Kerala)

ALLAHABAD HIGH COURT
Adoption deed - Presumption cannot be raised in absence of signature of natural father or mother of adoptee - Adoption deed not valid. (2020(2) Civil Court Cases 093 (Allahabad)

SUPREME COURT OF INDIA
Amendment of plaint and impleadment of a party - Application filed belatedly - Application allowed to ensure that in the eventuality of suit being decreed, plaintiff does not become vulnerable to another round of litigation. (2020(1) Civil Court Cases 079 (S.C.)

SUPREME COURT OF INDIA
Arbitration agreement - Need not be signed though it needs to be in writing as per S.7(3) of the Act. (2019(1) Apex Court Judgments 369 (S.C.)

PUNJAB & HARYANA HIGH COURT
Contraband - Bail - Provision of S.37 NDPS Act, overrides provisions under Cr.P.C with regard to grant of bail. (2019(1) Criminal Court Cases 531 (P&H)

PUNJAB & HARYANA HIGH COURT
Criminal Proceedings - Mentioning of caste/status separately in criminal proceedings - Amounts to colonial legacy and requires to be stopped forthwith. (2019(2) Criminal Court Cases 485 (P&H)

SUPREME COURT OF INDIA
Dishonour of cheque - Plea that payment made but blank cheques not returned - Quite unbelievable and unacceptable. (2019(4) Civil Court Cases 241 (S.C.)

SUPREME COURT OF INDIA
Dishonour of cheque - Production of account books/cash book to prove the amount due - May be relevant in civil suit but not so in a case u/s 138 of N.I. Act. (2020(1) Civil Court Cases 582 (S.C.)

RAJASTHAN HIGH COURT
Dishonour of cheque - Sole Proprietorship firm - Petitioner made an accused through firm and not in her individual capacity - As petitioner is sole proprietor and she had issued cheque is liable to be proceeded u/s 138 of NI Act. (2019(2) Criminal Court Cases 814 (Rajasthan)

ALLAHABAD HIGH COURT
Divorce - Divorce sought on ground of desertion only - Court cannot grant divorce on the ground of cruelty. (2020(1) Civil Court Cases 405 (Allahabad)

KERALA HIGH COURT
Rape - Accused marrying complainant - Proceedings quashed. (2019(3) Criminal Court Cases 635 (Kerala)

PUNJAB & HARYANA HIGH COURT
Transfer of divorce petition - Husband willing to bear travel expenses - Husband liable to pay Rs.600/- for every visit which wife may make to attend the hearing. (2019(2) Civil Court Cases 213 (P&H)