Judgements Short summary

SUPREME COURT OF INDIA
Abetment of suicide - Mere allegation of harassment of deceased is not sufficient unless there be such action on the part of accused which compels the person to commit suicide and such an offending action ought to be proximate to time of occurrence. (2019(3) Criminal Court Cases 616 (S.C.)

ALLAHABAD HIGH COURT
Alteration of charge - Waiver of right to further examine any witness - Does not impair or affect the right of defence to seek further cross examination of any witness. (2019(2) Criminal Court Cases 525 (Allahabad)

ALLAHABAD HIGH COURT
Application u/s 156(3) Cr.P.C. - Averments made in application and material, if any, in support thereof, if disclose cognizable offence then Magistrate should order registration of FIR and investigation by police. (2020(2) Criminal Court Cases 740 (Allahabad)

SUPREME COURT OF INDIA
Bail - New offences added thereafter - It is not necessary that in all cases earlier bail should be cancelled by Court before granting permission to arrest an accused on basis of new offences. (2019(3) Criminal Court Cases 711 (S.C.)

SUPREME COURT OF INDIA
Contraband - Personal search - S.50 of NDPS Act not complied with - For non compliance of S.50 of the Act no benefit can be extended so as to invalidate the effect of recovery from the search of vehicle. (2020(1) Criminal Court Cases 422 (S.C.)

KERALA HIGH COURT
Disclosing identity of victim - Offence u/s 228-A IPC - Victim herself having no objection in quashing proceedings - Proceedings quashed. (2019(2) Criminal Court Cases 571 (Kerala)

PUNJAB & HARYANA HIGH COURT
Dishonour of cheque - Death of complainant during pendency of complaint - Legal representatives of complainant can be substituted as complainant. (2019(2) Criminal Court Cases 158 (P&H)

SUPREME COURT OF INDIA
Dishonour of cheque - Offence by company - Complaint against Director of company without company arraigned as an accused is not maintainable. (2019(1) Criminal Court Cases 757 (S.C.)

DELHI HIGH COURT
Domestic Violence - Right of wife to reside in matrimonial home - It is not sufficient to merely show that house in which wife claims residence is a shared household, in addition she has to show that her husband has a right in the property. (2019(1) Criminal Court Cases 463 (Delhi)

KERALA HIGH COURT
Release of seized vehicle - There is no restriction or prohibition in releasing a vehicle to interim custody of proper person on the ground that it was used for commission of an offence. (2020(1) Criminal Court Cases 262 (Kerala)

KERALA HIGH COURT
Voice sample - Notice to accused - Not required when direction of Court was on a request by investigating agency in the course of investigation. (2020(3) Criminal Court Cases 770 (Kerala)



SUPREME COURT OF INDIA
Amendment of plaint and impleadment of a party - Delay - Application allowed to ensure that in the eventuality of suit being decreed, plaintiff does not become vulnerable to another round of litigation at the stage of execution. (2019(3) Apex Court Judgments 786 (S.C.)

ALLAHABAD HIGH COURT
Clean hands - Plaintiff who has not come to Court with clean hands is not entitled to any relief from the Court. (2019(1) Civil Court Cases 484 (Allahabad)

HIMACHAL PRADESH HIGH COURT
Co-owners - One of the co-owners can file a suit in his own right and while doing so the consent of other co-owners is assumed as taken. (2020(1) Civil Court Cases 088 (H.P.)

SUPREME COURT OF INDIA
Consumer - Equity linked insurance plan - LIC held on the moneys wrongfully for five years - Direction for payment of interest at 12% not sufficient - Additional amount of Two Lakhs directed to be paid. (2019(1) Apex Court Judgments 663 (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.)

BOMBAY HIGH COURT
Defamatory statement in pleadings - It is offence of defamation and not offence of giving false evidence. (2019(1) Criminal Court Cases 362 (Bombay)

PUNJAB & HARYANA HIGH COURT
Dishonour of cheque - Compromise - 15% cheque amount towards cost of litigation waived off - Conviction and sentence set aside. (2020(2) Criminal Court Cases 801 (P&H)

SUPREME COURT OF INDIA
Dishonour of cheque - Cross examination of prosecution witnesses is not sufficient to rebut the presumption of consideration. (2019(4) Civil Court Cases 596 (S.C.)

SUPREME COURT OF INDIA
Dishonour of cheque - Issuance of signed blank cheque - Subsequent filling in of an unfilled signed cheque is not an alteration. (2019(1) Apex Court Judgments 436 (S.C.)

DELHI HIGH COURT
Domestic Violence - Interim maintenance - Rationale for grant of maintenance u/s 125 Cr.P.C. applies on all fours to the grant of maintenance under DV Act. (2019(4) Criminal Court Cases 225 (Delhi)

ORISSA HIGH COURT
Ex parte decree set aside - O.9.R.13 CPC cannot be made for retrieving lost opportunity to file written statement. (2019(3) Civil Court Cases 853 (Orissa)

ANDHRA PRADESH HIGH COURT
Expert opinion - Comparison with signatures subsequent to disputed signatures - Should not be referred to expert for comparison as there will be a tendency to sign in a different fashion. (2020(2) Civil Court Cases 102 (A.P.)



PUNJAB & HARYANA HIGH COURT
Divorce - Cruelty - A mere doubt as to character of wife without any semblance of cruelty experienced by husband cannot at all be a ground for getting relief of divorce. (2015(1) Civil Court Cases 622 (P&H)

BOMBAY HIGH COURT
DNA test - Legal marriage is not significant when it comes to a DNA test to be performed for establishing paternity. (2015(2) Civil Court Cases 025 (Bombay)

BOMBAY HIGH COURT
Domestic Violence - Maintaining relationship with a person despite knowledge that he is already married - Said relationship cannot be relationship in the nature of marriage - Such woman is not entitled for any relief. (2015(4) Criminal Court Cases 196 (Bombay)

SUPREME COURT OF INDIA
Oral dying declaration - 70% burn injuries - Does not raise an assumption that deceased could not have given oral dying declaration. (2015(2) Apex Court Judgments 135 (S.C.)

SUPREME COURT OF INDIA
Rape or offence under POCSO Act - Protecting identity of victim - No disclosure of any particular(s) is allowed which can eventually lead to disclosure of the identity of the victim. (2019(1) Criminal Court Cases 163 (S.C.)

SUPREME COURT OF INDIA
Second appeal - Framing of substantial question of law in second appeal is not mandatory so far as State of Punjab is concerned. (2019(3) Civil Court Cases 606 (S.C.)

SUPREME COURT OF INDIA
Specific performance - Certain amount specified as damages - Not a ground to deny relief of specific performance unless it is clear on facts that said sum was named in lieu of specific performance. (2018(2) Apex Court Judgments 459 (S.C.)

PUNJAB & HARYANA HIGH COURT
Suit against Bank for recovery of damages - Jurisdiction of Civil Court - Not barred. (2015(Suppl.) Civil Court Cases 620 (P&H)

ANDHRA PRADESH HIGH COURT
Temporary injunction - Police protection - An application for police protection is maintainable even when remedy is sought by filing an execution petition U.O.21.R.32 CPC and also an application U.O.39.R.2-A CPC seeking attachment and/or arrest of the violator for Contempt of Court. (2014(2) Civil Court Cases 805 (A.P.)

SUPREME COURT OF INDIA
Two Advocates - Fee dispute - Court not to settle dispute between lawyers - If there is any misconduct on the part of lawyer in taking up the brief of another lawyer, normally it is for Bar Council and not for Court to settle the dispute. (2019(3) Apex Court Judgments 628 (S.C.)

PUNJAB & HARYANA HIGH COURT
Will - Suspicious circumstances - Will found from amongst the documents belonging to the testator after his death - Will executed six year prior to death but fact of execution of Will not disclosed to any of family members - Testator did not hand over Will to some responsible person of his choice and left the same concealed amongst other documents. (2015(2) Civil Court Cases 100 (P&H)

SUPREME COURT OF INDIA
Rent and eviction - Title - Not required to be proved - However, when landlord's derivative title is challenged, same is to be established in some form. (2020(2) Civil Court Cases 368 (S.C.)

KERALA HIGH COURT
Specific performance - Stipulation of payment of damages but no negative stipulation that in that event specific performance cannot be sought, then, plaintiff is entitled to seek specific performance.  (2020(2) Civil Court Cases 018 (Kerala)

RAJASTHAN HIGH COURT
Written statement to the amended plaint by defendant whose right to file written statement was closed - After amendment of plaint, defendant gets right to file amended written statement and not written statement - Application rightly dismissed. (2020(2) Civil Court Cases 619 (Rajasthan) 

SUPREME COURT OF INDIA
Domestic violence - Parties not living together in shared household - Vague allegation that respondents are family members but they appear to be neighbours - Ingredients of domestic violence wholly absent - Petition rightly dismissed. (2019(4) Criminal Court Cases 544 (S.C.)

SUPREME COURT OF INDIA
Private complaint u/s 193 IPC - Cognizance of offence cannot be taken on the basis of private complaint. (2019(1) Criminal Court Cases 658 (S.C.)

ALLAHABAD HIGH COURT
Adverse possession and inheritance - These are two inconsistent alternative pleas which are not permissible. (2019(1) Civil Court Cases 433 (Allahabad)

RAJASTHAN HIGH COURT
Amendment of written statement - Additional grounds to resist eviction - Application cannot be rejected by entering into merits of amendment. (2019(3) Civil Court Cases 668 (Rajasthan)

DELHI HIGH COURT
Arrest - Arrested person to be informed of grounds of his arrest - Mere intimation of arrest to the partner/friend of arrested person does not satisfy the requirement of law. (2019(1) Criminal Court Cases 283 (Delhi)

RAJASTHAN HIGH COURT
Contraband - Recovered contraband not deposited in Malkhana on the same day - No explanation whatsoever as to where recovered articles were kept for a day and in whose possession they remained - Accused acquitted. (2019(1) Criminal Court Cases 763 (Rajasthan)

RAJASTHAN HIGH COURT
Dishonour of cheque - Handwriting expert to prove that cheque does not bear signature of accused and that contents of cheque have not been filled by him - Allowed. Application allowed. (2019(3) Criminal Court Cases 633 (Rajasthan)

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)

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)

MADHYA PRADESH HIGH COURT
Divorce - Cruelty - Filing of false criminal cases by wife - Family Court can examine factual foundation of criminal action instituted by wife and examine it for limited purpose whether allegations on face of it, appears to be fake or concocted so that aspect of `cruelty' can be decided. (2020(2) Civil Court Cases 567 (M.P.)

DELHI HIGH COURT
Domestic Violence - Right of wife to reside in matrimonial home - It is not sufficient to merely show that house in which wife claims residence is a shared household, in addition she has to show that her husband has a right in the property. (2019(1) Civil Court Cases 362 (Delhi)

RAJASTHAN HIGH COURT
Civil Procedure Code, 1908, Ss.10, 151 -- Stay of civil suit - S.10 CPC does not prohibit Court to proceed in civil proceedings even if some criminal proceedings are launched by parties concerned. (2020(2) Civil Court Cases 051 (Rajasthan)

PUNJAB & HARYANA HIGH COURT
Negotiable Instruments Act, 1881, S.138 -- Dishonour of cheque - Deposit of amount, in complainants account, after issuance of cheque and notice, which is more than cheque amount - Amount so deposited has firstly to be adjusted towards the payment of cheque amount - Complainant has separate remedy to avail in case there is any dispute as to payment due - In the instant case there is no averment in notice sent by complainant that cheque was issued towards part payment of due amount - Proceedings quashed. (2020(2) Civil Court Cases 056 (P&H)

CHHATTISGARH HIGH COURT
Civil Procedure Code, 1908, O.9.R.9 -- Restoration of suit dismissed in default - `No instructions' - Counsel not intimating plaintiff - Court also did not issue fresh notice to plaintiff - Factum of reporting no instructions without informing plaintiff by counsel of plaintiff constitutes sufficient cause within meaning of O.9.R.9 CPC - Suit restored. (2020(2) Civil Court Cases 063 (Chhattisgarh)

KERALA HIGH COURT
(i) Agreement to sell - Specific performance - In case there is stipulation in the agreement as to payment of damages in case of breach of agreement but there is no negative stipulation in the agreement that in that event specific performance cannot be sought then plaintiff is entitled to seek specific performance. (Para 7)

(ii) Agreement to sell - Specific performance - Stipulation in agreement as to recovery of damages in case of breach of agreement by defendant but conspicuous absence of a clause enabling specific performance of the agreement - It is a factor to be taken into consideration while exercising discretion u/s 20 of Specific Relief Act. (Para 7)

(iii) Agreement to sell - Specific performance - Stipulation in agreement as to recovery of damages in case of breach of agreement by defendant but conspicuous absence of a clause enabling specific performance of the agreement - Discretion exercised against grant of decree for specific performance. (Para 8)
2020(2) Civil Court Cases 018 (Kerala)

PUNJAB & HARYANA HIGH COURT
Civil Procedure Code, 1908, O.6.R.17 -- Amendment of plaint - Relief clause allowed to be amended - No occasion to grant fresh opportunity to lead evidence to defendant to the amended plaint and moreso no such right was asserted by defendant during pendency of suit. (Paras 7 to 9)
2020(2) Civil Court Cases 040 (P&H)

MADRAS HIGH COURT
(i) Transfer of Property Act, 1882, S.54 - Sale - When a property was sold, purchaser get into shoes of vendor and rights of vendor will become right of purchaser - No specific endorsement to that effect is necessary. (Para 13)

(ii) Evidence Act, 1872, S.115, Transfer of Property Act, 1882, S.58 -- Estoppel - Suit for redemption of mortgage - Plaintiff purchased property which was mortgaged to defendant - Defendant admitted mortgage in earlier suit and was ready to hand over possession on payment of mortgage amount - He thus, estopped by his conduct to oppose redemption - Plaintiff directed to deposit mortgage amount and defendant directed to hand over possession of suit property. (Paras 15 & 18)
2020(2) Civil Court Cases 048 (Madras)

 ALLAHABAD HIGH COURT
Ad-interim injunction - Disobedience - There has to be not mere disobedience but it should be a willful disobedience. (2020(2) Civil Court Cases 385 (Allahabad)

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)

ALLAHABAD HIGH COURT
Application u/s 156(3) Cr.P.C. - Report from police station concerned - If from such report no prima facie case is made against the opposite party, Magistrate is not bound to order for registration of case. (2020(2) Criminal Court Cases 740 (Allahabad) 740

SUPREME COURT OF INDIA
Consumer - Insurance claim - Accidental loss - Damage of truck in fire in the night of 01/02.06.2009 and intimation was given to Insurance Company on 03.06.2009 - If no immediate notice was given to police there was no infraction on part of insured - There was thus, no justification for National Commission to reduce claim to extent of 60% of IDV (insured's Declared Value) of vehicle - Order of National Commission set aside. (2020(1) Apex Court Judgments 812 (S.C.)

KERALA HIGH COURT
Default bail - Cancellation of - Once accused is released on bail u/s 167(2) Proviso Cr.P.C, he cannot be taken into custody merely on filing of charge sheet. (2020(2) Criminal Court Cases 114 (Kerala)

PUNJAB & HARYANA HIGH COURT
Dishonour of cheque - Compromise - 15% cheque amount towards cost of litigation waived off. (2020(2) Civil Court Cases 799 (P&H)

KERALA HIGH COURT
Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement regarding amount; (iv) on reaching the settlement, when report of mediation is received by Court then complainant (a) may withdraw the complaint; (b) or he may file an application for compounding u/s 147 of the Act; (iv) mediation agreement cannot form part of the judgment or order of the criminal court; (v) criminal court cannot rely on that agreement and pass an order in the nature of a decree relegating the parties to get the amount realised by filing execution petition; (vi) dictum laid down by the Supreme Court with regard to an award passed by the Lok Adalat in a case u/s 138 of the Act, which is based on the deeming provision u/s 21 of Legal Services Authorities Act, is not applicable to a mediation agreement. (2020(2) Civil Court Cases 601 (Kerala)

MADRAS HIGH COURT
Dishonour of cheque - Two cheques - Cheque Dated 30.06.2006 bears the number 371798 whereas second cheque dated 25.07.2006 bears the number 371797 - Accused admitted in the reply notice of issuance of two cheques - Complainant cannot be attributed any role in the drawing and issuance of said cheques. (2020(2) Civil Court Cases 501 (Madras)

DELHI HIGH COURT
FIR - Quashing - Recovery of three cartridges - Petitioner not aware of being in alleged conscious and knowledgeable possession of cartridges in her baggage - FIR quashed. (2020(2) Criminal Court Cases 436 (Delhi)

RAJASTHAN HIGH COURT
Maintenance - Proceedings u/s 125 Cr.P.C, S.24 of Hindu Marriage Act and S.12 of PWDV Act can run simultaneously. (2020(2) Criminal Court Cases 231 (Rajasthan)

SUPREME COURT OF INDIA
Quashing of criminal proceedings - Civil suit pending for the same issue - Complainant cannot pursue criminal proceedings - Proceedings quashed. (2020(2) Criminal Court Cases 768 (S.C.)

SUPREME COURT OF INDIA
Specific performance - Ready and willing - Even in the absence of defence put forth, plaintiff is required to prove his readiness and willingness and that aspect of the matter is to be considered by Courts. (2020(1) Apex Court Judgments 750 (S.C.)

SUPREME COURT OF INDIA
Writ petition to quash FIR - High Court does not adjudicate correctness of allegations in an FIR in proceedings u/art 226 of Constitution - Court may only intervene in exceptional cases, if allegations made in FIR ex facie do not disclose any offence at all. (2020(1) Apex Court Judgments 727 (S.C.)