Judgements headings

Order 12 Rule 8 deals with the production of documents which may or may not be mentioned in the plaint or written statement by the party. A party can issue a notice to the other party which is in possession of the documents to produce the document.

 

Rent & Eviction - Rent deed - Registration - Clause in agreement as to increase of rent by 10% each year - It is a promise contingent on tenancy being continued beyond one year - It cannot make the tenancy year to year or tenancy for a period of more than one year - Rent note does not require compulsory registration. (2020(2) Apex Court Judgments 784 (S.C.)

 

 SUPREME COURT OF INDIA
(i) Consumer - District Forum has no power to extend time for filing of response to complaint beyond period of 15 days, in addition to 30 days - Such time limit of 30 plus 15 days in filing response to complaint is mandatory and to be strictly adhered to.

(ii) Consumer - Filing response to complaint - Commencing period of limitation of 30 days, would be from date of receipt of notice accompanied by a copy of complaint and not merely receipt of notice of complaint.

(iii) Consumer - Filing response to complaint - Commencing period of limitation of 30 days - Objection of not having received a copy of complaint along with notice should be raised on first date itself and not thereafter.

2020(2) APEX COURT JUDGMENTS 033 (S.C.)


SUPREME COURT OF INDIA
(i) Agreement to sell - Specific performance - Readiness and willingness - It is not necessary for plaintiff to produce ready money, but it is mandatory on his part to prove that he has means to generate consideration amount.

(ii) Agreement to sell - Specific performance - Readiness and willingness - Continuous readiness and willingness on part of plaintiff is a condition precedent to grant relief of specific performance.

(iii) Agreement to sell - Specific performance - Readiness and willingness - Mere plea that plaintiff is ready to pay consideration, without any material to substantiate this plea, cannot be accepted.


Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - Issued beyond 30 days from the date of return memo - Complaint is not maintainable.
2020(3) CRIMINAL COURT CASES 121 (Delhi)

Offence u/ss 323, 504 IPC and S.3(1)(x) SC/ST Act - Sequence of assault and injuries were not in corroboration with each other - Variance of one and half hours in registration of case - Specific word in the form of abuse with a view to insult and likely to commit breach of peace punishable u/s 504 IPC and offence u/s 3(1)(x) of SC/ST Act not disclosed in FIR nor in statement recorded u/s 161 Cr.P.C, rather it was said for first time during course of trial before trial Court - It was thus, embellishment and exaggeration - Accused rightly acquitted.  
2020(3) CRIMINAL COURT CASES 626 (Allahabad)

Comments

Popular posts from this blog

Marriage between Hindu girl and Muslim Boy

20 legal rights every citizen of India should know

Short notes on judgements