Short descriptions.

MADHYA PRADESH HIGH COURT
Domestic Violence - Marriage between parties not solemnized as per law - Prima facie no evidence to establish that they were living together since long - Order granting interim maintenance set aside. (2019(2) Criminal Court Cases 626 (M.P.)

PUNJAB & HARYANA HIGH COURT
Family settlement - Unless said family settlement/partition is reported to Halqa Patwari and got finalised and incorporated in the revenue record, same could not be recognized as a family partition. (2019(4) Civil Court Cases 376 (P&H)

PUNJAB & HARYANA HIGH COURT
Interim injunction - Disobedience - Once interim injunction order is vacated, there can be no initiation or continuation of proceedings U.O.39.R.2-A CPC. (2019(2) Civil Court Cases 750 (P&H)

ORISSA HIGH COURT
Maintenance pendente lite - Marriage declared null and void - Appeal by wife - Claim of wife for maintenance pendente lite is maintainable in such an appeal. (2020(2) Civil Court Cases 585 (Orissa)

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
Quashing of final report - Final report that a prima facie case is made out - High Court quashed the final report without observing anything on merits of Final Report - High Court clearly erred. (2019(2) Criminal Court Cases 478 (S.C.)

KERALA HIGH COURT
Release of attached property - No formal application is required to be filed for getting attachment lifted. (2019(4) Criminal Court Cases 160 (Kerala)

SUPREME COURT OF INDIA
Second complaint on same allegations - Not barred when dismissal of complaint was not on merit but on default of complainant. (2019(1) Apex Court Judgments 602 (S.C.)

HIMACHAL PRADESH HIGH COURT
Striking off an issue - Defendant relying upon two different Wills executed by same testator - Two issues framed as to validity of these two wills - Order rejecting application to strike off one issue, upheld. (2020(2) Civil Court Cases 058 (H.P.)

SUPREME COURT OF INDIA
Transposition of defendant as plaintiff - Withdrawal or abandoning of suit - Transposition is permissible for effectual and comprehensive adjudication of all the matters in controversy in the suit, only when defendant seeking transposition is having an interest in the subject matter of suit. (2019(2) Apex Court Judgments 596 (S.C.)

PUNJAB & HARYANA HIGH COURT
Will - First page of Will not signed by testator or attesting witnesses - One of attesting witness did not acknowledge that he had appended signatures or signed on direction/dictation of testator, which is one of requirements as per S.63(c) of Succession Act - Will rightly discarded. (2019(3) Civil Court Cases 208 (P&H)

ALLAHABAD HIGH COURT
Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce - Desertion - Necessary pre-condition for seeking decree of divorce is that it is imperative on part of plaintiff to plead and prove that defendant has deserted plaintiff and has continued doing so uninterruptedly for a period of two years prior to institution of suit - Period subsequent to institution of suit cannot be taken into consideration in a suit for divorce as per scheme of Act itself. (2020(2) Civil Court Cases 066 (Allahabad)

KERALA HIGH COURT
Civil Procedure Code, 1908, O.9.R.9 -- Restoration of suit dismissed in default - Interlocutory orders - (i) On dismissal of suit for default all interim orders stand terminated unless Court by express order or by necessary implication specify that any order will continue; (ii) On restoration of suit dismissed in default, with notice to the opposite party, all interlocutory orders stand restored from the date of restoration, unless Court by specific order or by necessary implication confines the restoration order to specific interim orders - Effect of all such restoration of interim order is prospective and does not cover the period after dismissal of suit and before its restoration; (iii) if at the time of dismissal of suit any order is specifically or by due implication is vacated, it will not get automatically restored on restoration of suit - A separate application will have to be filed for restoration. (2020(2) Civil Court Cases 086 (Kerala)

ANDHRA PRADESH HIGH COURT
(i) Evidence Act, 1872, S.45 - Expert opinion - Disputed signatures - Signatures made by defendant on some documents subsequent to document in question, generally should not be referred to expert for comparison as there will be a tendency to sign in a different fashion. (Para 12)

(ii) Evidence Act, 1872, S.45 -- Second expert - Disputed signatures - Pronote - Earlier expert opinion does not reflect the truth, as specimen signatures of defendant were obtained in open Court long after date of pronote - Possibility of deliberately signing in a different fashion cannot be obviated - Specimen signatures of defendant thus, would not serve the true purpose of referring pronote to expert - Plaintiff thus, legally justified in seeking second expert's opinion by referring certain documents which contain signatures of defendant made long prior to pronote. (2020(2) Civil Court Cases 102 (A.P.) ALLAHABAD HIGH COURT
Agreement to sell - Dominion of property not entrusted to buyer - Property neither of some other person nor accused was holding such property on trust for other person - Non execution of sale deed or non-refund of earnest money - Does not amount to criminal breach of trust. (2020(2) Criminal Court Cases 566 (Allahabad)

PUNJAB & HARYANA HIGH COURT
Anticipatory bail - Second application for anticipatory bail is maintainable when first anticipatory bail application was dismissed as withdrawn. (2020(2) Criminal Court Cases 316 (P&H)

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
Consumer - Insurance claim - Non-communication of terms and conditions of insurance policy to insured - Not open to insurer to rely upon exclusionary clause of policy. (2020(1) Apex Court Judgments 638 (S.C.)

KERALA HIGH COURT
Dishonour of cheque - Demand notice - Mistake of cheque number in notice does not make the notice defective or invalid. (2020(2) Criminal Court Cases 764 (Kerala)

KERALA HIGH COURT
Dishonour of cheque - Offence by company - Lack of pleadings in involvement of company or its officials in complaint would undoubtedly defeat it. (2020(2) Criminal Court Cases 590 (Kerala)

RAJASTHAN HIGH COURT
Extension of time to deposit balance sale consideration - Every day's delay not explained - Court has discretion to enlarge time to comply with conditional decree. (2020(2) Civil Court Cases 751 (Rajasthan)

KARNATAKA HIGH COURT
Marking of document - Agreement to sell with tenant - No reference in agreement as to handing over possession to tenant or that tenant would continue in possession of the property as purchaser under the agreement of sale - Order refusing to mark agreement of sale set aside. (2020(2) Civil Court Cases 654 (Karnataka)

ANDHRA PRADESH HIGH COURT
Medical negligence - Private complaint against doctor - Complaint not be entertained unless complainant has produced prima facie evidence in the form of clear opinion by a competent Doctor in the same field to support a charge of rashness or negligence - Even a police officer cannot proceed against Doctor, accused of rash and negligent act unless he gets an independent and competent medical opinion from a Doctor in Government Service etc., who is qualified in the branch and has given an impartial and un-biased opinion. (2020(2) Criminal Court Cases 538 (A.P.)

TELANGANA HIGH COURT
Rejection of plaint - Oral agreement to sell in between two companies - Not valid - Plaint rejected. (2020(2) Civil Court Cases 609 (Telangana)

SUPREME COURT OF INDIA
S.92 CPC - Applies when a suit is filed against a Trust and not when suit is filed by a Trust. (2020(1) Apex Court Judgments 714 (S.C.)

SUPREME COURT OF INDIA
Specific performance - Ready and willing - No document on record to indicate availability of balance sale consideration on the date when plaintiff had gone to office of sub-registrar and as on date of filing of suit property - Balance amount deposited only after suit was decreed at the first instance and not as on date of filing of suit - Readiness and willingness on part of plaintiff not proved - Relief of specific performance set aside. (2020(1) Apex Court Judgments 750 (S.C.)