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)

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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 ...
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