Judgements summary

 
RAJASTHAN HIGH COURT
Bail - Kidnapping and rape - In statement u/s 161 Cr.P.C. prosecutrix stated that she went with accused of her own will and accused had not done anything wrong with her - However, later on in her statement recorded u/s 164 Cr.P.C prosecutrix levelled allegation of kidnapping and sexual assault under pressure of her family members - Bail granted to accused. (2020(2) Criminal Court Cases 749 (Rajasthan)

DELHI HIGH COURT
Contraband - Compliance of S.50 NDPS Act - Not applicable when it is a chance recovery. (2020(2) Criminal Court Cases 785 (Delhi)

KERALA HIGH COURT
Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation is mandatory - Non exercise of such power can only be under very exceptional circumstances. (2020(2) Criminal Court Cases 229 (Kerala)

PUNJAB & HARYANA HIGH COURT
Dishonour of cheque - Loan - Money lender - Proof of registration as money lender not required where money advanced is as a friendly loan and not in money lending business. (2020(2) Criminal Court Cases 813 (P&H)

PUNJAB & HARYANA HIGH COURT
Misappropriation of Istridhan - Gifts given at the wedding do not fall within terminology of Istridhan - Only articles which are given to bride for her exclusive use after marriage fall under such a head. (2020(2) Criminal Court Cases 705 (P&H)

SUPREME COURT OF INDIA
Administrative law - A Rule becomes operative only from the date of its promulgation by publication in the Official Gazette. (2014(2) Apex Court Judgments 076 (S.C.)

SUPREME COURT OF INDIA
Agreement to sell - Further agreement to sell by vendee - Suit for specific performance by subsequent vendee against vendee and vendor - No privity of contract between vendor and subsequent vendee - Subsequent vendee cannot seek specific performance against vendor. (2020(1) Apex Court Judgments 231 (S.C.)

SUPREME COURT OF INDIA
Anticipatory bail - Factors to be kept in mind while granting anticipatory bail - Analysed. (2020(1) Criminal Court Cases 798 (S.C.)

ALLAHABAD HIGH COURT
Dishonour of cheque - Accused can be summoned on the basis of affidavit of complainant. (2019(4) Civil Court Cases 508 (Allahabad)

SUPREME COURT OF INDIA
Dishonour of cheque - Cheque as well as signature accepted by accused - Presumption u/s 139 of NI Act would operate - Burden is on accused to disprove the cheque or existence of any legally recoverable debt or liability. (2015(3) Civil Court Cases 205 (S.C.)

PUNJAB & HARYANA HIGH COURT
Dishonour of cheque - Company - Non Director - Even a non director can be liable u/s 141 of the Act, on the basis of averments made by complainant in the complaint. (2014(2) Criminal Court Cases 346 (P&H)

SUPREME COURT OF INDIA
Dishonour of cheque - Conviction - Death of accused - Legal heirs have right to challenge conviction of their predecessor for the purpose that he was not guilty of any offence - Legal heirs in such a case are neither liable to pay fine or to undergo imprisonment. (2019(4) Criminal Court Cases 216 (S.C.)

ALLAHABAD HIGH COURT
Summoning of additional accused - Additional accused can be summoned on the basis of examination-in-chief. (2015(1) Criminal Court Cases 611 (Allahabad)  

SUPREME COURT OF INDIA
Tape recorded conversation/Voice recorder - Conversation not in audible condition - Translation thereof - Without source, there is no authenticity for the translation. (2015(1) Apex Court Judgments 775 (S.C.)

BOMBAY HIGH COURT
Temporary injunction - Mandatory order - Court is within its powers to pass an order which would make the grant of temporary injunction meaningful. (2016(4) Civil Court Cases 583 (Bombay)

SUPREME COURT OF INDIA
Test Identification parade - Two accused can be made part of same TIP. (2016(2) Apex Court Judgments 275 (S.C.)

RAJASTHAN HIGH COURT
Transit bail - High Court within whose jurisdiction accused resides and apprehends arrest can grant transit bail. (2014(3) Criminal Court Cases 372 (Rajasthan)

SUPREME COURT OF INDIA
Victim - Deceased was unmarried and victim is real brother, thus, would fall under category of legal heirs of deceased, as victim includes him or her guardians or legal heirs. (2019(3) Criminal Court Cases 863 (S.C.)

ALLAHABAD HIGH COURT
Will - Narrow space in two lines and double signature on one page - By itself not sufficient to suspect the execution of Will. (2015(4) Civil Court Cases 294 (Allahabad)