Short notes on judgements

Possession - Illegal possession - Damages - Rs.3,000/- per month determined as damages after hearing the parties as to monthly rent which it could fetch in the market during period in question - Appellant directed to pay Rs.3,000/- per month from the date of illegal possession till date he vacates. (2019(1) Apex Court Judgments 377 (S.C.)


CHHATTISGARH HIGH COURT
Additional evidence at appellate stage - Rejection of application before hearing appeal on merits, is unsustainable and contrary to law. (2015(Suppl.) Civil Court Cases 707 (Chhattisgarh)

PUNJAB & HARYANA HIGH COURT
Complaint u/s 340 Cr.P.C. - Merely by ordering institution of complaint against appellants without conducting a fact finding inquiry as contemplated u/s 340 Cr.P.C. does not meet and satisfy the requirements of the provision - Complaint quashed. (2015(Suppl.) Criminal Court Cases 142 (P&H)

KERALA HIGH COURT
Cr.P.C. S.125 (3) -- Maintenance - Non payment for more than one month - Magistrate has discretionary power in fixing the period of imprisonment and is empowered to sentence the defaulting person for more than one month and not to confine the sentence to one month only. (2014(2) Criminal Court Cases 823 (Kerala)

SUPREME COURT OF INDIA
Dishonour of cheque - Company and its Directors are not liable when cheque is drawn by an employee of company on his personal account for discharging dues of company and its Directors. (2015(2) Apex Court Judgments 731 (S.C.)

SUPREME COURT OF INDIA
Dishonour of cheque - Contents of reply sent by accused not disclosed in complaint - Not a ground to quash the complaint. (2014(4) Civil Court Cases 583 (S.C.)

RAJASTHAN HIGH COURT
Divorce - Denial of sex to husband - Surfacing in cross examination of wife - It amounts to cruelty - Divorce granted even in the absence of pleading thereto. (2018(3) Civil Court Cases 650 (Rajasthan)

ANDHRA PRADESH HIGH COURT
Expert opinion - At the instance of defendant - Disputed signatures cannot be compared with signatures subscribed during pendency of suit in the absence of availability of admitted contemporaneous signatures. (2015(2) Civil Court Cases 696 (A.P.)

KERALA HIGH COURT
Lok Adalat - Award cannot be challenged invoking Article 227 of the Constitution - Members of Lok Adalat act as "conciliators" to facilitate settlement between the parties - They cannot decide a dispute - Lok Adalat is not an adjudicating body - If Lok Adalat fails in discharging its functions in terms of statutory provisions, a writ petition would be maintainable as against the award. (2017(4) Civil Court Cases 060 (Kerala)

SUPREME COURT OF INDIA
Power of attorney holder - If the power-of-attorney holder has preferred any "acts" in pursuance of the power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for acts done by the principal, and not by him. (2014(2) Civil Court Cases 125 (S.C.)

SUPREME COURT OF INDIA
Rape - Sole testimony of prosecutrix - Material contradictions found in testimony of prosecutrix - Conviction and sentence set aside. (2020(2) Apex Court Judgments 765 (S.C.)

PUNJAB & HARYANA HIGH COURT
Rejection of plaint - On ground of res judicata and O.2.R.2 CPC - Dismissal of application for rejection of plaint, upheld. (2014(Suppl.) Civil Court Cases 622 (P&H)


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)

ALLAHABAD HIGH COURT
Application u/s 156(3) Cr.P.C. - No requirement of application to be supported by an affidavit when case is ordered to be registered as complaint case. (2020(1) Criminal Court Cases 166 (Allahabad)

ALLAHABAD HIGH COURT
Bail - Cancellation - No complaint of misuse of liberty of bail or interference with due course of justice or tampering with evidence - Application rejected. (2019(3) Criminal Court Cases 375 (Allahabad)  

PUNJAB & HARYANA HIGH COURT
Caste based remarks over mobile phone - Alleged conversation over mobile phone not in public gaze nor witnessed by any third party - Held, alleged use of caste words cannot be said to have been committed within the public view. (2020(3) Criminal Court Cases 224 (P&H)  

PUNJAB & HARYANA HIGH COURT
Contraband - Decision of case only on one argument - Trial Court should deal with all the contentions/submissions of counsel for the parties and thereafter deliver its judgment. (2020(1) Criminal Court Cases 562 (P&H)

PUNJAB & HARYANA HIGH COURT
Contraband - Bail - Recovery slightly higher than commercial quantity - Departure can be made from bar of S.37 of the Act when recovered contraband is slightly higher than commercial quantity. (2020(3) Criminal Court Cases 591 (P&H)

KERALA HIGH COURT
Dishonour of cheque - Additional evidence - Law as to - Analysed. (2020(3) Criminal Court Cases 091 (Kerala)

BOMBAY HIGH COURT
Dishonour of cheque - Offence by company - Plea of resignation of Directors - No proof as to acceptance of resignation - Order of issuance of process against applicants needs no interference. (2020(3) Criminal Court Cases 439 (Bombay)  

KERALA HIGH COURT
Imprisonment in default of payment of fine - Cannot be deemed to be sentence - Accused can avoid imprisonment in default of payment of fine, by paying payment of fine. (2020(3) Criminal Court Cases 362 (Kerala)

 

BOMBAY HIGH COURT
Admitted facts need not be proved - Merely because a fact is not disputed by cross-examination of a party would not make it an admitted fact and thus not requiring it to be proved - There need be no cross examination of unproved facts. (2015(1) Civil Court Cases 384 (Bombay)

SUPREME COURT OF INDIA
Agreement to sell - Further agreement to sell by vendee - Use of term `name proposed by vendee' in agreement in between vendor and vendee refers to a nominee to be proposed at the time of execution of sale deed and not a subsequent assignee/vendee. (2020(1) Civil Court Cases 338 (S.C.)

SUPREME COURT OF INDIA
Charge - Addition or alteration - A new trial is insisted if the charge is altogether different and distinct. (2016(2) Apex Court Judgments 714 (S.C.)

SUPREME COURT OF INDIA
Court is empowered to correct clerical or arithmetical mistakes - Corrections contemplated are of correcting only accidental omissions or mistakes and not all omissions and mistakes. (2014(3) Apex Court Judgments 189 (S.C.)

PUNJAB & HARYANA HIGH COURT
Dishonour of cheque - Loan - Source of funds to advance loan not explained - Accused acquitted. (2015(2) Civil Court Cases 740 (P&H)

PUNJAB & HARYANA HIGH COURT
Dishonour of cheque - Summoning record from Bank - Evidence which complainant wants to produce is relevant and necessary for just decision of case - Order allowing application calls for no interference. (2020(1) Civil Court Cases 704 (P&H)

PUNJAB & HARYANA HIGH COURT
Divorce - Wife filed appeal within time - Summons of appeal not served on husband - Husband remarried - Husband did not made any effort to find out as to whether any appeal had been filed or not - Conduct of husband amounts to civil contempt. (2019(3) Civil Court Cases 630 (P&H)

CHHATTISGARH HIGH COURT
Domestic Violence - Interlocutory order - Appeal against - Order not appealable. (2015(Suppl.) Criminal Court Cases 019 (Chhattisgarh)

SUPREME COURT OF INDIA
Dying declaration - Merely that prosecution withheld dying declaration cannot be a ground for Court not finding out the cause of death from the material on record. (2015(1) Apex Court Judgments 126 (S.C.)

BOMBAY HIGH COURT
Hindu Succession Act, S.6 (As amended) -- Coparcenary property - Rights of daughters under the amended provision - Only requirement is that daughter should be living on date of coming into force of the amended provision i.e. 9.9.2005 - It is immaterial whether daughter was born before 1956 or after 1956. (2015(1) Civil Court Cases 261 (Bombay)

RAJASTHAN HIGH COURT
Mortgage of property to tenant - Tenancy merges with mortgage - On redemption of mortgage, tenancy does not revive. (2015(4) Civil Court Cases 060 (Rajasthan)

PUNJAB & HARYANA HIGH COURT
Accused summoned in the complaint case - On same facts Calendra u/s 182 Cr.P.C. issued - Held, proceedings of Calendra are not legally maintainable when on the same facts Court has summoned accused and is seized of the matter. (2015(2) Criminal Court Cases 859 (P&H)

SUPREME COURT OF INDIA
Amendment of plaint - Doctrine of relation back - Not applicable when amendment is allowed subject to plea of limitation. (2015(3) Apex Court Judgments 209 (S.C.)

SUPREME COURT OF INDIA
Arbitration agreement - Must be in writing - Unless there is specific written contract, a contract with regard to arbitration cannot be presumed. (2014(3) Apex Court Judgments 689 (S.C.)

MADRAS HIGH COURT
Bigamy - Second marriage during subsistence of first marriage - Wife got married with one person before second marriage of husband - If second marriage of husband is an offence, same principle will equally apply to wife also - Proceedings liable to be quashed. (2019(3) Criminal Court Cases 786 (Madras)

RAJASTHAN HIGH COURT
Dishonour of cheque - Amendment allowed to amend the cheque number. (2014(3) Civil Court Cases 840 (Raj.)

JHARKHAND HIGH COURT
Dishonour of cheque - Endorsement `cheque series do not relate to us' - No offence u/s 138 NI Act is made out. (2014(3) Criminal Court Cases 501 (Jharkhand)

SUPREME COURT OF INDIA
Dishonour of cheque - Offence by company - Prosecution of M.D. without prosecuting company - Proceedings liable to be quashed. (2014(2) Apex Court Judgments 672 (S.C.)

DELHI HIGH COURT
Dishonour of cheque - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioners be not insisted. (2015(3) Civil Court Cases 378 (Delhi)

SUPREME COURT OF INDIA
Dowry death - Demand of dowry - By brother and sisters and other relatives of husband - Omnibus allegation against all family members particularly against brother and sisters and other relatives do not stand on same footing as husband and parents - In such case, apart from general allegation of demand of dowry, Court should be satisfied that harassment was also caused to deceased by all named members. (2015(2) Apex Court Judgments 526 (S.C.)

CHHATTISGARH HIGH COURT
Four dying declarations - If there are more than one dying declaration, they should be consistent particularly in material particulars. (2016(3) Criminal Court Cases 410 (Chhattisgarh)

PUNJAB & HARYANA HIGH COURT
Plaintiff not appearing as his own witness - Pales into insignificance when plaintiff by leading positive evidence discharges his onus lawfully and subject to Court forming that opinion. (2016(4) Civil Court Cases 862 (P&H)
 

 

 PUNJAB & HARYANA HIGH COURT
Abetment of suicide - Deceased husband threatened to commit suicide if accused wife does not come back to matrimonial home - Wife responded that if you want to die tomorrow die today - Does not amount to instigation - FIR quashed. (2020(1) Criminal Court Cases 536 (P&H)

TELANGANA AND ANDHRA PRADESH HIGH COURT
Appeal against acquittal - Accused can assail correctness or otherwise of any finding of trial Court with a view to support his acquittal. (2019(2) Criminal Court Cases 279 (T&A)

MADRAS HIGH COURT
Criminal trial - Motive alone is not sufficient to convict accused in absence of any other circumstantial evidence. (2019(4) Criminal Court Cases 777 (Madras)

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) Criminal Court Cases 587 (S.C.)

KARNATAKA HIGH COURT
Domestic Violence - Wife residing with her parents at place `B'- Court at place `B' is competent to grant protection order and other orders under the Act. (2019(4) Criminal Court Cases 662 (Karnataka)

SUPREME COURT OF INDIA
Dying declaration - Medical opinion that deceased must have survived only for a short duration after he received injuries - Extremely doubtful whether deceased had survived long enough for PWs 1 and 15 to arrive at the scene of occurrence and then make separate statements to these witnesses - Accused entitled to benefit of doubt - Accused acquitted. (2019(1) Criminal Court Cases 851 (S.C.)

KERALA HIGH COURT
Imprisonment in default of payment of fine - Cannot be deemed to be sentence - Accused can avoid imprisonment in default of payment of fine, by paying payment of fine. (2020(3) Criminal Court Cases 362 (Kerala)

ALLAHABAD HIGH COURT
Anticipatory bail - Application directly to High Court - Application for anticipatory bail to High Court direct is maintainable only when there are special circumstances. (2020(3) Criminal Court Cases 070 (Allahabad)

SUPREME COURT OF INDIA
Arbitrator - Limitation - Parties negotiating for settlement - Such period may be excluded for purpose of computing period of limitation for reference to arbitrator. (2019(3) Apex Court Judgments 463 (S.C.)

ORISSA HIGH COURT
Bail - Rape - False promise of marriage - Victim being a major girl with sound mind - There seems to be no question of anyone being in a position to induce her into a physical relationship under an assurance of marriage - Bail granted to accused. (2020(3) Criminal Court Cases 249 (Orissa)

PUNJAB & HARYANA HIGH COURT
Contraband - Independent witnesses available but not joined - Accused acquitted. (2019(4) Criminal Court Cases 560 (P&H)

RAJASTHAN HIGH COURT
Dishonour of cheque - Company not impleaded as a party - Complainant an illiterate lady and rustic villager - Liberty granted to file application u/s 14 Limitation Act seeking exclusion of period during which he was prosecuting complaint against accused alone while filing a fresh complaint, if so advised. (2019(4) Criminal Court Cases 860 (Rajasthan)

MADHYA PRADESH HIGH COURT
Dishonour of cheque - Compensation - Granted with interest calculated at 9% from the date of issuance of cheque till date of judgment - Said compensation to further carry interest @ 9% per annum from the date of judgment of trial Court till actual payment is made. (2019(2) Criminal Court Cases 169 (M.P.)

KERALA HIGH COURT
Dishonour of cheque - Expert opinion regarding signatures - Plea of security cheque - No dispute regarding issuance of cheque - Order allowing application for expert opinion set aside. (2020(2) Criminal Court Cases 014 (Kerala)

PUNJAB & HARYANA HIGH COURT
Dishonour of cheque - Notice not replied - It automatically means that accused admitted his liability and he did not chose to contest the legal notice. (2019(3) Civil Court Cases 528 (P&H)

DELHI HIGH COURT
Domestic violence - Settlement arrived at in between parties - Wife subjected to domestic violence, thereafter - There is undoubtedly a continuity of events involved - Order as to revival of earlier proceedings cannot be faulted. (2019(1) Criminal Court Cases 614 (Delhi)

SUPREME COURT OF INDIA
Rent & Eviction - Landlord not necessarily owner of property - A person who held a life interest under Will would fall under the definition of landlord, as expression landlord is relatable to an entitlement to receive rent in respect of any building or rented land. (2019(3) Civil Court Cases 383 (S.C.)

SUPREME COURT OF INDIA
Suit for declaration of title and permanent injunction on the basis of Will - Suit dismissed in default - Second suit for permanent injunction on the basis of Will - Second suit is barred. (2019(3) Apex Court Judgments 358 (S.C.)