LawMirror.com - Online Legal Resources

134 - Latest/Important Decisions

Thu, 01 Dec 2011 09:33:12 PST

SC: Rape - Promise to marry - Intercourse with consent of prosecutrix - Absence of consent - Burden is on prosecution to prove absence of consent - Of course, position is different if case is covered by S.114-A of Evidence Act - Consent or absence of it can be gathered from the attendant circumstances - Previous or contemporaneous acts or the subsequent conduct can be legitimate guides. (LawMirror.com - File Number 14674)

133 - Latest/Important Decisions

Thu, 01 Dec 2011 09:33:04 PST

SC: Rape with consent - Submission does not involve consent - Submission under fear or terror cannot be construed as a sexual act with consent. (LawMirror.com - File Number 14674)

132 - Latest/Important Decisions

Thu, 01 Dec 2011 09:32:56 PST

SC: Rape - Prosecutrix had intercourse with accused several times - Held, prosecutrix was a consenting party - If rape was committed against will of prosecutrix she would not have volunteered to submit to his wish subsequent to the alleged first incident of rape. (LawMirror.com - File Number 14674)

131 - Latest/Important Decisions

Thu, 01 Dec 2011 09:32:43 PST

SC: Rape - Promise to marry - Intercourse with consent of prosecutrix on genuine promise to marry - Marriage did not materialise - Prosecutrix got pregnant and gave birth to female child - Accused directed to pay compensation of Rs.50,000/-. (LawMirror.com - File Number 14674)

130 - Latest/Important Decisions

Thu, 01 Dec 2011 09:32:33 PST

SC: Rape - Clause Second - Rape - Promise to marry - Intercourse with consent of prosecutrix on genuine promise to marry - Promise was genuine but marriage did not materialise due to family pressure - Accused not guilty of rape, but only of breach of promise. (LawMirror.com - File Number 14674)

129 - Latest/Important Decisions

Thu, 01 Dec 2011 09:32:25 PST

SC: Rape - Minor - Defence is entitled to rely on the higher side of age given by doctor. (LawMirror.com - File Number 14674)

128 - Latest/Important Decisions

Thu, 01 Dec 2011 09:28:39 PST

IPC, Ss.375, 90 - Sexual relationship - Consent - Promise to marry - If at the very inception of making of promise, accused had no intention of marrying and the promise to marry was a mere hoax, then consent ostensibly given by the victim will be of no avail to the accused to exculpate him from the ambit of Section 375 clause second. (File Number 17163)

127 - Latest/Important Decisions

Wed, 16 Nov 2011 00:47:11 PST

Dishonour of cheque - Bank account operated with joint signatures of two persons - Cheque issued with signatures of one person - Not a validly drawn cheque - Offence u/s 138 of the Act is not made out - It may make an offence u/s 420 IPC. (Delhi)

126 - Latest/Important Decisions

Wed, 16 Nov 2011 00:46:16 PST

Arbitration agreement - Alleged to be the result of fraud - Ad interim injunction restraining defendants from proceeding with the purported arbitration - Plaintiff entitled to grant of interim injunction. (Calcutta) (DB)

125 - Latest/Important Decisions

Wed, 16 Nov 2011 00:45:47 PST

Transfer of immovable property - Can be by way of registered conveyance deed and not by executing agreement to sell, general power of attorney and Will - It applies not only to deed of conveyance in regard to freehold property but also to transfer of leasehold property - A lease can be validly transferred only under a registered Assignment of lease. (S.C.)

124 - Latest/Important Decisions

Thu, 10 Nov 2011 02:44:02 PST

Application U.O.39.R.2A CPC is not maintainable once the suit is decreed - The only remedy available thereafter is to proceed U.O.21.R.32 (S.C.)

123 - Latest/Important Decisions

Thu, 10 Nov 2011 02:43:17 PST

Will - Undivided share in property - Specific portion of property cannot be bequeathed by way of Will. (M.P.)

122 - Latest/Important Decisions

Thu, 10 Nov 2011 02:43:02 PST

Ex parte proceedings - No limitation is prescribed to set aside ex parte proceedings - Limitation of 30 days applies for setting aside ex parte decree and not to ex parte proceedings. (P&H)

121 - Latest/Important Decisions

Thu, 10 Nov 2011 02:42:38 PST

Plaint - Amendment - To convert a petition for restitution of conjugal rights to a petition for divorce - Not permissible. (Rajasthan)

120 - Latest/Important Decisions

Fri, 04 Nov 2011 23:14:34 PDT

SC: NDPS Act, S.42(2) - Dispatch of a wireless message does not amount to compliance with S.42(2) of the Act.

119 - Latest/Important Decisions

Fri, 04 Nov 2011 23:13:59 PDT

Presence of witnesses at the spot - Becomes doubtful as dog squad was summoned. (Uttarakhand)

118 - Latest/Important Decisions

Fri, 04 Nov 2011 23:13:43 PDT

Provision of S.50 of NDPS Act is mandatory - Non compliance with the mandatory provision - Accused is entitled to acquittal - Accused cannot be convicted on the basis of proof of prosecution case when there is non compliance with the mandatory provision of S.50 of the Act. (S.C.)

117 - Latest/Important Decisions

Fri, 04 Nov 2011 23:13:16 PDT

Dishonour of cheque - Magistrate transferred after recording evidence - Successor Magistrate has to try the case do novo in a summary trial - Consent of parties as to having no objection to proceed on basis of evidence recorded by predecessor is misconceived - Order of conviction passed by successor Magistrate and upheld by High Court set aside and retrial ordered in accordance with law. (S.C.)

116 - Latest/Important Decisions

Fri, 04 Nov 2011 23:12:52 PDT

SC: Gun short injury - Non recovery of pistol, or cartridge - Absence of evidence regarding recovery of used pellets, blood stained clothes etc. - Not fatal to prosecution case when injuries tallied with medical evidence and there is acceptable clinching and direct evidence.

115 - Latest/Important Decisions

Sat, 29 Oct 2011 02:27:47 PDT

Service - Departmental proceedings - It is for the departmental authorities to conduct an inquiry in accordance with the prescribed Rules - The role of the Court in the matter of departmental proceedings is very limited and the Court cannot substitute its own views or findings by replacing the findings arrived at by the authority on detailed appreciation of the evidence on record. (S.C.)

114 - Latest/Important Decisions

Sat, 29 Oct 2011 02:27:35 PDT

Equity - A party cannot be permitted to "blow hot and cold", "fast and loose" or "approbate and reprobate" - Where one knowingly accepts the benefits of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or order - This rule is applied to do equity. (S.C.)

113 - Latest/Important Decisions

Sat, 29 Oct 2011 02:27:15 PDT

Estoppel by election - A person may be precluded by his actions or conduct or silence when it is his duty to speak, from asserting a right which he otherwise would have had. (S.C.)

112 - Latest/Important Decisions

Sat, 29 Oct 2011 02:26:53 PDT

Immovable property - Cannot be legally transferred or conveyed through a Generfal Power of Attorney, Agreement to sell or Will - Immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. (S.C.)

111 - Latest/Important Decisions

Sat, 22 Oct 2011 01:32:20 PDT

Application U.O.39.R.2-A CPC is not maintainable once the suit is decreed - The only remedy available thereafter is to proceed U.O.21.R.32 CPC. (S.C.)

110 - Latest/Important Decisions

Sat, 22 Oct 2011 01:31:46 PDT

Compromise - Non suit property given in exchange of suit property by way of compromise in the same building - S.17(2)(vi) of Registration Act is attracted - Decree does not require registration. (Registration Act, 1908, S.17(2)(vi), Civil Procedure Code, 1908, O.23.R.3) (Calcutta)

109 - Latest/Important Decisions

Sat, 22 Oct 2011 01:30:57 PDT

Divorce - Giving repeated threats to commit suicide amounts to cruelty. (S.C.)

108 - Latest/Important Decisions

Sat, 22 Oct 2011 02:15:58 PDT

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107 - Latest/Important Decisions

Thu, 20 Oct 2011 01:46:15 PDT

Document - Can be produced in cross examination of a party and witness under cross examination can be confronted therewith - Similarly any document can be produced to that end for the witness to refresh his or her memory. (Bombay) (Published in CIVIL COURT CASES, August, 2011 Part)

106 - Latest/Important Decisions

Thu, 20 Oct 2011 01:45:51 PDT

Arbitration - Appointment - No claim certificate or discharge voucher - Alleged to be obtained by fraud, coercion, duress or undue influence but denied by the other party - After full and final settlement of claim payment of final bill made - Grievance not raised thereafter but raised after release of bank guarantee - Conduct shows that `no claim certificate' was given voluntarily - Order appointing arbitrator set aside. (S.C.) (Published in CIVIL COURT CASES, August, 2011 Part)

105 - Latest/Important Decisions

Thu, 20 Oct 2011 01:45:30 PDT

Domestic violence - Includes physical abuse, sexual abuse, verbal and emotional abuse and also economic abuse. (Bombay) (Published in CIVIL COURT CASES, August, 2011 Part)

104 - Latest/Important Decisions

Sat, 15 Oct 2011 03:37:37 PDT

Special power of attorney - Power to sell or transfer - Does not include the power to suffer consent decree - Consent decree suffered by attorney is null and void. (P&H) (Published in CIVIL COURT CASES, October, 2011 Part)

103 - Latest/Important Decisions

Sat, 15 Oct 2011 03:37:04 PDT

Permanent alimony - Status of wife before her marriage is one of the relevant factors for determining the amount of maintenance. (S.C.) (Published in CIVIL COURT CASES, October, 2011 Part)

102 - Latest/Important Decisions

Sat, 15 Oct 2011 03:34:53 PDT

Fruit bearing trees such as Jack trees and mango trees - Right to enjoy usufrcutus - Transaction evidenced by a document requires compulsory registration. (Kerala) (Published in CIVIL COURT CASES, October, 2011 Part)

101 - Latest/Important Decisions

Fri, 14 Oct 2011 00:51:35 PDT

Electricity - Supply of - Owner or occupier of a premises has a statutory right for an electric connection. (S.C.) (Published in CIVIL COURT CASES, October, 2011 Part)

100 - Latest/Important Decisions

Fri, 14 Oct 2011 00:51:19 PDT

Indigent person - "Sufficient means" - Contemplates the ability or capacity of a person in the ordinary course to raise money by available lawful means to pay court fee. (S.C.) (Published in CIVIL COURT CASES, October, 2011 Part)

99 - Latest/Important Decisions

Fri, 14 Oct 2011 00:50:57 PDT

Local Commissioner - Not examined as a witness - Report can be relied as it is part and parcel of the Court file and relevant and admissible piece of evidence. (P&H) (Published in CIVIL COURT CASES, October, 2011 Part)

98 - Latest/Important Decisions

Fri, 14 Oct 2011 00:50:42 PDT

Maintenance pendente lite - Claim by husband - Support given to the parties by parents can also be taken into consideration while assessing the income - A person, who incapacitates himself, cannot claim maintenance. (H.P.) (Published in CIVIL COURT CASES, October, 2011 Part)

97 - Latest/Important Decisions

Wed, 12 Oct 2011 21:57:28 PDT

Territorial jurisdiction - Court at the place where offence was committed and the Court at the place where consequence of the offence ensued have jurisdiction and prosecution can be launched against accused at either of the two places. (Karnataka)

96 - Latest/Important Decisions

Wed, 12 Oct 2011 21:57:06 PDT

Jurisdiction- Return of Stridhan at the place of present residence - Court at the place of present residence has jurisdiction where consequence of alleged torture ensued though the Stridhan property was retained at another place. (Calcutta)

95 - Latest/Important Decisions

Wed, 12 Oct 2011 21:56:05 PDT

Attempt to murder - Assault with sword - All the injuries on legs and hands - No injury on any vital part - There was only one fracture and one dislocation - Held, nature and seat of injuries suggest that intention of assailants was to break hands or legs - It cannot be inferred that assault was launched with intention of knowledge to cause death - Conviction altered from S.307 to S.325 IPC. (Bombay)

94 - Latest/Important Decisions

Wed, 12 Oct 2011 05:48:07 PDT

Second marriage - Performed by husband during subsistence of first marriage, by concealing from second wife the fact of former marriage - Second wife is entitled to maintain a complaint against her husband u/s 494 or u/s 495 IPC. (S.C.)

93 - Latest/Important Decisions

Wed, 12 Oct 2011 05:47:30 PDT

Second marriage - Performed by husband during subsistence of first marriage, by concealing from second wife the fact of former marriage - Cruelty to second wife by making demand of dowry - Second wife can maintain complaint u/s 498-A IPC - Second wife comes within meaning of S.498-A IPC.(S.C.)

92 - Latest/Important Decisions

Wed, 12 Oct 2011 05:46:58 PDT

Witness - If a witness professes to know about the incriminating circumstances against a person, it is expected of him to inform the same to the police or the relatives and if he does not inform it without any cogent reason, statement of such a person is bound to lose its value. (P&H)

91 - Latest/Important Decisions

Tue, 11 Oct 2011 11:22:40 PDT

IPC, S.5, CrPC, S.188 -- Offence committed by any citizen of India in any place within and beyond India - Offence is amenable to the provisions of Indian Penal Code subject to the limitation imposed under the proviso to S.188 Cr.P.C. (S.C.)

90 - Latest/Important Decisions

Mon, 10 Oct 2011 01:52:08 PDT

Cr.PC, Ss.70, 71, 476 - Non bailable warrants - Guidelines issued for issuance of non bailable warrants viz. (1) Courts to use printed and machine numbered Form No.2 for issuing warrant of arrest and each such form to be duly account for; (2) Complete particulars of the case to be mentioned on the warrant; (3) Presiding Judge should put his full and legible signatures; (4) Warrant to be directed to a particular police officer (or authority) (5) Court to maintain a register in which each warrant of arrest issued must be entered chronologically and the serial number of such entry reflected on the top right hand of the process; (6) A register to be maintained by the concerned police stations and warrant of arrest issued by Court to be duly entered in the register; (7) Cancellation of arrest warrant to be recorded in the case file and the register maintained and a coy thereof shall be sent to the concerned authority; etc. etc. (S.C.)

89 - Latest/Important Decisions

Mon, 10 Oct 2011 01:51:26 PDT

NDPS: Ss.50, 21 - Provision of S.50 of the Act is mandatory - Non compliance with the mandatory provision - Accused is entitled to acquittal - Accused cannot be convicted on the basis of proof of prosecution case when there is non compliance with the mandatory provision of S.50 of the Act. (S.C.)

88 - Latest/Important Decisions

Fri, 07 Oct 2011 23:17:11 PDT

Agreement to sell - Unregistered - Possession delivered under the agreement - Suit for specific performance is maintainable though such an unregistered agreement to sell cannot be used as defence in terms of S.53-A Transfer of Property Act. 2011(3) Civil Court Cases 660 (P&H)

87 - Latest/Important Decisions

Fri, 07 Oct 2011 23:16:32 PDT

Deposit in a post office scheme - Scheme had already been discontinued - Amount refunded after four months without any interest - In view of Rules of Post Office failure to pay interest cannot be construed as a case of deficiency in service. 2011(3) Civil Court Cases 682 (S.C.)

86 - Latest/Important Decisions

Fri, 07 Oct 2011 23:15:44 PDT

Agreement to sell-Witness-When executant of agreement pleads that he has the consent of the person, who figured as a witness, then a situation may emerge, where the witness need to explain his stand. 2011(3) Civil Court Cases 741 (A.P.)

85 - Latest/Important Decisions

Thu, 06 Oct 2011 23:11:59 PDT

IPC, Ss.498-A, 304-B -- Dowry death - Deceased alleged to be subjected to ill-treatment and harassment on account of dowry demand due to which she committed suicide - In such cases the minute examination of witnesses becomes a must - In the instant case most of the witnesses have made stereo type allegations and they appear to be general in nature - Witnesses failed to depose as to on what date and in which month or on which occasion demand was made by which of the particular accused - When allegations are not specific, it is difficult for the Court to believe the same. (Chhattisgarh)

84 - Latest/Important Decisions

Thu, 06 Oct 2011 23:11:32 PDT

IPC, Ss.498-A, 304-B -- Dowry death - Couple could not adjust with each other - For this fact alone, it cannot be said that deceased was subjected to cruelty by accused. (Chhattisgarh)

83 - Latest/Important Decisions

Thu, 06 Oct 2011 23:10:54 PDT

IPC, S.306 -- Abetment of suicide - There must be proof of direct or indirect acts of incitement to the commission of suicide - Merely on the allegations of harassment without there being any positive action proximate to the time of occurrence on the part of accused which led or compelled the person to commit suicide, conviction in terms of S.306 IPC is not sustainable. (Bombay)

82 - Latest/Important Decisions

Thu, 06 Oct 2011 23:10:08 PDT

CrPC, Ss.179, 180 -- Territorial jurisdiction - Court at the place where offence was committed and the Court at the place where consequence of the offence ensued have jurisdiction and prosecution can be launched against accused at either of the two places. (Karnataka)

81 - Latest/Important Decisions

Tue, 04 Oct 2011 03:05:05 PDT

Deficient stamp duty - Recovery - Limitation - Three years from the date of registration of deed - Audit note raising objection regarding deficient stamp duty does not amount to initiation of the proceedings for recovery of deficient stamp duty. 2011(3) Civil Court Cases 807 (P&H)

80 - Latest/Important Decisions

Tue, 04 Oct 2011 03:04:28 PDT

Dishonour of cheque - Cheque given towards liability or debt incurred by someone else - Person who is a drawer of the cheque can be made liable u/s 138 of the Act. 2011(3) Civil Court Cases 589 (S.C.)

79 - Latest/Important Decisions

Tue, 04 Oct 2011 03:04:06 PDT

Agreement to sell - Plea of cancellation taken by defendant - Presupposes the execution of agreement by defendant. 2011(3) Civil Court Cases 660 (P&H)

78 - Latest/Important Decisions

Tue, 04 Oct 2011 03:03:46 PDT

Amendment of petition under Protection of Women from Domestic Violence Act - Magistrate has power to allow amendment of petition or written statement. (Kerala)

77 - Latest/Important Decisions

Tue, 04 Oct 2011 03:03:18 PDT

Plaintiff when Minor or of unsound mind and suit filed by next friend, appointment of next friend by Court is not required - However, it is so required when he is a defendant. (P&H)

76 - Latest/Important Decisions

Tue, 04 Oct 2011 03:02:53 PDT

Electricity - Supply of - Owner or occupier of a premises has a statutory right for an electric connection. (S.C.)

75 - Latest/Important Decisions

Sun, 02 Oct 2011 23:58:36 PDT

To get relief u/s 6 of Specific Relief Act it has to be proved that the person in possession was dispossessed unlawfully - However, when such person does not resort to S.6 of the Act and resorts to forcible reoccupation of the property then his possession is that of trespasser - Benefit of recourse to S.6 of the Act is not available for subsequent dispossession. (A.P.)

74 - Latest/Important Decisions

Sun, 02 Oct 2011 23:58:07 PDT

Compromise decree and consent decree - Both are distinct and different - Provision of O.23.R.3-A CPC barring separate suit to challenge compromise decree is not applicable to consent decree passed U.O.12.R.6 CPC - Consent decree can be challenged only by separate suit and there is no other provision to challenge the consent decree nor there is any provision to bar separate suit to challenge the consent decree. (P&H)

73 - Latest/Important Decisions

Sat, 01 Oct 2011 00:45:07 PDT

Rape - DNA test - With incorporation of S.53-A Cr.P.C. w.e.f. 23.06.2006 it has become necessary for the prosecution to go in for DNA test in such type of case, facilitating the prosecution to prove its case against the accused. 2011(2) Apex Court Judgments 616 (S.C.)

72 - Latest/Important Decisions

Sat, 01 Oct 2011 00:44:27 PDT

Permanent alimony - Status of wife before her marriage is one of the relevant factors for determining the amount of maintenance. 2011(2) Apex Court Judgments 600 (S.C.)

71 - Latest/Important Decisions

Sat, 01 Oct 2011 00:43:31 PDT

70 - Latest/Important Decisions

Sat, 01 Oct 2011 00:43:01 PDT

Special power of attorney - Power to sell or transfer given - Does not include the power to suffer consent decree - Consent decree suffered by attorney is null and void. (P&H)

69 - Latest/Important Decisions

Sat, 01 Oct 2011 00:42:29 PDT

Rejoinder - Non filing - Cannot be taken as an admission when averments in written statement do not come within the definition of set-off or counter claim. (A.P.)

68 - Latest/Important Decisions

Thu, 29 Sep 2011 04:46:35 PDT

Dishonour of cheque - Magistrate transferred after recording evidence - Successor Magistrate has to try the case do novo in a summary trial - Successor Magistrate cannot act on the evidence recorded by his predecessor either in whole or in part in a summary trial - Consent of parties as to having no objection to proceed on basis of evidence recorded by predecessor is misconceived - Parties by consent cannot confer jurisdiction where there exists none on a Court of law nor can they divest a Court of jurisdiction which it possesses under the law - Order of conviction passed by successor Magistrate and upheld by High Court set aside and retrial ordered in accordance with law. (S.C.) To be reported very shortly.

67 - Latest/Important Decisions

Tue, 27 Sep 2011 23:28:56 PDT

Amendment of petition or written statement filed under Protection of Women From Domestic Violence Act, 2005 - Magistrate has power to allow amendment. (Kerala) (To be reported very shortly)

66 - Latest/Important Decisions

Tue, 27 Sep 2011 23:28:26 PDT

Right to enjoy usufructus from yielding trees from the yield of which income can be generated - Trees namely Jack trees and mango trees produce yield year after year and the trees do not perish after taking the yield once - It does not come within the meaning of growing crops - Held, transaction evidenced by a document requires compulsory registration as the subject matter dealt with therein amounts to transfer of immovable property within the meaning of Transfer of Property Act. (Kerala) (To be reported very shortly)

65 - Latest/Important Decisions

Tue, 27 Sep 2011 23:27:57 PDT

Cancellation of sale deed - A sale deed when registered cannot be cancelled by unilaterally executing the cancellation deed and getting it registered - Cancellation deed of a sale deed can be registered only when it is cancelled by a competent Court and that too after notice to the concerned parties. (S.C.) (To be reported very shortly)

64 - Latest/Important Decisions

Tue, 27 Sep 2011 00:54:20 PDT

Noise pollution - Use of sound amplifier, beat of drum or tom-tom or blowing a trumpet - Bursting of fire crackers - Blowing of horn in residential area except in exceptional circumstances is banned between 10.00 p.m. to 6.00 a.m. (S.C.) (File No.20310)

63 - Latest/Important Decisions

Tue, 27 Sep 2011 00:54:02 PDT

Appeal during pendency of review petition - Not maintainable. (S.C.) (File No.2488)

62 - Latest/Important Decisions

Tue, 27 Sep 2011 00:53:42 PDT

Change of religion - Merely by change of religion a person does not cease to be a member of Scheduled tribe. (S.C.) (File No.13941)

61 - Latest/Important Decisions

Mon, 26 Sep 2011 03:30:09 PDT

SC:FIR as dying declaration - Deceased dictated the FIR to the police which was read over to him after which he put his thumb impression on the same - Held, this report is admissible u/s 32 of the Evidence Act as a dying declaration.(File No.17624)

60 - Latest/Important Decisions

Mon, 26 Sep 2011 03:29:37 PDT

SC:Rent - Residential building let out for commercial purpose without permission of Rent Controller - Violates S.11 of East Punjab Urban Rent Restriction Act, 1949 - Landlord and tenant can be fined u/s 19 of the Act - Tenant is also liable to eviction - In such a case it is both S.19 & S.13(2)(ii)(b) of the Act which are applicable.(File No.11189)

59 - Latest/Important Decisions

Mon, 26 Sep 2011 03:28:47 PDT

SC:Act of Court - Ordinarily a party should not be prejudiced by an act of Court - Court shall always be ready and willing to rectify the mistake it has committed.(File No.22926)

58 - Latest/Important Decisions

Thu, 22 Sep 2011 01:33:39 PDT

Divorce by mutual consent - Wife later on seeking to set it aside on the ground that it was on paper so that her husband could marry a USA citizen and then divorce second wife and remarry her - Wife is guilty of abetment - Wife was patently and latently involved herself in the alleged fraud committed upon Court - Wife is disentitled for any equitable relief - Damages suffered by consent is not a cause of action. 2011(3) Apex Court Judgments 037 (S.C.)

57 - Latest/Important Decisions

Thu, 22 Sep 2011 01:30:07 PDT

Dishonour of cheque - Recall of witness - Complainant examined and cross-examined - After two years accused moved application u/s 311 of CrPC for further cross examination of the complainant - No explanation assigned why application for re-examination was not filed at the earliest and what are the points left on which the complainant is to be cross examined - Petition for recalling complainant for further cross-examination dismissed. 2011(3) Criminal Court Cases 855 (P&H)

56 - Latest/Important Decisions

Thu, 22 Sep 2011 01:29:19 PDT

Right to Information - Citizens have the right to access to all information held by or under the control of any public authority except those excluded or exempted under the Act. 2011(3) Civil Court Cases 596 (S.C.)

55 - Latest/Important Decisions

Tue, 20 Sep 2011 00:10:26 PDT

Will - Interpretation - Testator bequeathing 1/3rd share to the executor upon discharge of certain duties - Failure to discharge those certain duties - Disentitles executor to any legacy in the property. 2011(2) Apex Court Judgments 332 (S.C.)

54 - Latest/Important Decisions

Tue, 20 Sep 2011 00:10:03 PDT

Voic identification - No attempt made to mix the voices of accused with some other unidentified voices - In such circumstances, the voice identification evidence would have little value. 2011(3) Criminal Court Cases 374 (S.C.)

53 - Latest/Important Decisions

Tue, 20 Sep 2011 00:09:32 PDT

Sale deed - Cancellation - By execution of sale deed, seller conveys the ownership of property to purchaser - Seller cannot unilaterally cancel the conveyance or sale. 2011(3) Civil Court Cases 637 (A.P.)

52 - Latest/Important Decisions

Sat, 17 Sep 2011 11:04:09 PDT

SC:FIR-Accused not named in FIR-However,accused named at the earliest opportunity,when the statements of witnesses are recorded-Does not tilt the balance in favour of accused. File Number 19617

51 - Latest/Important Decisions

Sat, 17 Sep 2011 01:17:11 PDT

Agreement to sell - Specific performance - No conditional offer is permissible in a suit for specific performance. (Supreme Court of India) File No.11356

50 - Latest/Important Decisions

Sat, 17 Sep 2011 01:16:58 PDT

Matrimonial proceedings - Court can allow medical examination of a party. (Supreme Court of India) File No.11330

49 - Latest/Important Decisions

Sat, 17 Sep 2011 01:16:42 PDT

Divorce by mutual consent - Waiving of waiting period of six months - It is only Supreme Court which can waive waiting period of six months - High Court or Civil Courts have no such power to grant relief before the periods prescribed under the relevant provisions. (Supreme Court of India) (File No.11278)

48 - Latest/Important Decisions

Fri, 16 Sep 2011 08:53:56 PDT

Agreement to sell - Plaintiff even ready to pay increase in price - This is an additional fact that weighs with the Court in not denying the decree of specific performance. (File No.11321)

47 - Latest/Important Decisions

Fri, 16 Sep 2011 01:37:57 PDT

Service - Inter-departmental communications and notings in departmental files do not have the sanction of law, creating a legally enforceable right. (File No.22869)

Territorial jurisdiction - Offence of cruelty is not a continuing offence - Offence is triable by Magistrate having territorial jurisdiction of area wherein cruelty is alleged to have been committed and not at the place wherein complainant wife resided with the parents. (File No.22818)

Specific performance - Plea of fabricated document - When once fails then other defences such as readiness and willingness of plaintiff and that there is no requirement of selling the suit property are all being supplementary, based on which, equitable relief of decreeing the suit cannot be refused when it is otherwise legal and justified to do so. (File No.24365)

46 - Latest/Important Decisions

Wed, 14 Sep 2011 00:21:40 PDT

Service - Change of date of birth - There must be strong, cogent and reliable evidence in support of the contention that date of birth entered in the service records or in the S.S.L.C. certificate was wrongly entered by a mistake. 2011(1) Apex Court Judgments 025 (S.C.)

Promissory note - Tampered with - Figure '1' added to figure 25,000 to read it 1,25,000 - Suit cannot be decreed merely for the reason that defendant admitted his signatures. 2011(3) Apex Court Judgments 060 (S.C.)

Deceased died due to burn injuries - Accused persons were saying that deceased was ugly and belongs to poor family - Held, such type of comments upon a girl by her in-laws as well as her Nanands amounts to cruelty. 2011(3) Criminal Court Cases 706 (Uttarakhand)

Dishonour of cheque - Evidence on affidavits - Excluding inadmissible portion in affidavit - Not necessary to call deponent - Court on objection by accused can deal with the objections in accordance with law. 2010(1) Apex Court Judgments 228 (S.C.) (File No.11555)

Dishonour of cheque - Accused cannot be permitted to lead his evidence by way of affidavit. 2010(1) Apex Court Judgments 228 (S.C.) (File No.11555)

Arbitration agreement in an unregistered but compulsorily registrable document can be acted upon and enforced for the purpose of dispute resolution by arbitration. 2011(3) Civil Court Cases 734 (S.C.)

Electricity - Seals and meter tampered with - M&T Department is the only competent authority to give report about tampering of seals and meter - In the absence of report of M&T Department the fact of theft by the respondent is not established - Decree for mandatory injunction with direction to restore electric connection, upheld. 2011(3) Civil Court Cases 783 (P&H)

Demand of dowry - By itself not a offence u/s 498-A or 304-B IPC - It is act of cruelty or harassment by the husband or the relative of the husband on a woman, in connection with dowry demand which is punishable. (File No.19468)

Date of birth - Proof - If a person wants to rely on a particular date of birth and wants to press a document in service, he has to prove its authenticity in terms of S.32(5) of Evidence Act by examining the person having special means of knowledge, authenticity of date, time etc. mentioned therein. (File No.12338)

Dishonour of cheque - Documents produced along with the affidavit - Affidavit can contain the formal proof of the enclosed documents - Accused can raise objections - If objections sustained then it is always open to the prosecution to have the concerned witness summoned and get the lacuna in the proof of the documents corrected. (File No.11555)

Dishonour of cheque - Evidence on affidavits - Cross examination of deponent - Accused cannot insist that deponent should first depose verbally in examination-in-chief what he has already said in the affidavit. (File No.11555)

45 - Latest/Important Decisions

Sun, 11 Sep 2011 05:57:35 PDT

Attest - Notary - By affixing his seal renders only authenticity to the document - He is not animo attestandi - No doubt Notary attests the document but he is not an attesting witness. File No.12429

Contraband - Independent witnesses - Efforts made to join independent witnesses but they refused - No action taken against persons who refused to join as witnesses - Held, conviction cannot be sustained on the sole testimony of official witnesses. File No.19586

Service - Selection - A candidate who takes part in selection process knowing fully well the procedure laid down therein is not entitled to question the same after appearing in the said selection process. File No.23384

44 - Latest/Important Decisions

Sat, 10 Sep 2011 02:37:17 PDT

Indigent person - Permission to sue in forma pauperis - Property exempt from attachment in execution of a decree and the subject matter of suit not to be takne into account to calculate financial worth or ability of such indigent person - However, factors such as person's employment status and total income including retirement benefits in the form of pension, ownership of realizable unencumbered assets, person's total indebtedness and financial assistance received from the family members or close friends can be taken into account in order to determine whether a person is possessed of sufficient means or indigent to pay requisite Court fee. 2011(3) Apex Court Judgments 140 (S.C.)

Judgment of single Judge of High Court quite contrary to the law declared by Supreme Court - None of the parties challenged the order - Supreme Court by exercising suo motu power under Article 136 of the Constitution can set right the illegality in the judgment of High Court - Illegality should not be allowed to be perpetuated and failure by Supreme Court to interfere with the same would amount to allow illegality to be perpetuated. 2011(3) Apex Court Judgments 048 (S.C.)

CBI investigation - For directing CBI to hold investigation Court must be satisfied that opposite parties are very powerful and influential persons or the State authorities like top police officials are involved and the investigation has not proceeded with in proper direction or it has been biased - In such an eventuality, in order to do complete justice a direction to CBI to investigate the case can be issued. 2011(3) Apex Court Judgments 109 (S.C.)

43 - Latest/Important Decisions

Fri, 09 Sep 2011 00:31:34 PDT

Horoscope is a very weak piece of material to prove age of a person and that heavy onus lies on a person who wants to press it into service to prove its authenticity. 2011(3) Apex Court Judgments 025 (S.C.)

Indigent person - Permission to sue in forma pauperis - Expression "sufficient means" contemplates the ability or capacity of a person in the ordinary course to raise money by available lawful means to pay court fee. 2011(3) Apex Court Judgments 140 (S.C.)

Natural justice - A right of appeal is not an inherent right - None of the facets of natural justice require that there should be right of appeal from any decision. 2011(3) Apex Court Judgments 016 (S.C.)

Void order - It is required to be set aside - Party has to approach the appropriate forum. 2011(3) Apex Court Judgments 037 (S.C.)

42 - Latest/Important Decisions

Wed, 07 Sep 2011 23:51:35 PDT

Damages suffered by consent is not a cause of action. 2011(3) Apex Court Judgments 037 (S.C.)

Fraud upon Court - Judgment obtained by playing fraud upon Court - Judgment is void - Declaration has to be sought to that effect from the competent Court - However, a party when patently and latently involved in the alleged fraud committed upon Court then that party is not entitled to the equitable relief. 2011(3) Apex Court Judgments 037 (S.C.)

41 - Latest/Important Decisions

Tue, 06 Sep 2011 21:15:17 PDT

Complete non compliance with the provision of S.42(2) of NDPS Act vitiates the conviction - However, delayed compliance with a satisfactory explanation for the delay, can be countenanced - Dispatch of a wireless message does not amount to compliance with S.42(2) of the Act. (S.C.) Decision August, 2011.

Service - Challenge to selection process - Held, if an unsuccessful candidate challenges the selection process, he is bound to implead at least some of the successful candidates in representative capacity. (S.C.) Decision April, 2011.

Sole plaintiff - Death - Impleading of L.R's. - Dismissal of application by holding that applicant is not the legal representative and consequential dismissal of suit - Not a decree - Revision and not appeal is the remedy available - However, dismissal of application by holding that right to sue does not survive and consequential dismissal of suit - Such an order is a decree which is amenable to an appeal. (S.C.) Decision July, 2011.

40 - Latest/Important Decisions

Sun, 04 Sep 2011 22:52:08 PDT

Additional evidence at appellate stage - Additional evidence cannot be permitted to be adduced so as to fill in the lacunae or to patch up the weak points in the case. 2011(3) Civil Court Cases 655 (S.C.)

Agreement to sell - Plea of cancellation taken by defendant - Presupposes the execution of agreement by defendant. 2011(3) Civil Court Cases 660 (P&H)

Agreement to sell - Specific performance - Relief of - In urban area value of property escalates very fast - It would not be equitable to grant specific performance after a lapse of long period of time. 2011(3) Civil Court Cases 673 (S.C.)

39 - Latest/Important Decisions

Sun, 04 Sep 2011 02:03:28 PDT

Arbitration - Tenability of claim not examined under different heads and same not decided by assigning some reasons, howsoever briefly - Failure to do so constitute a valid ground for setting aside award. (S.C.) File No.22741

Additional evidence - To take sample of voice and photographs of face and body for expert opinion - It is a relevant evidence - Cannot be disallowed merely on the ground of delay - Application allowed. (Allahabad) File No.22861

Service - Inter-departmental communications and notings in departmental files do not have the sanction of law, creating a legally enforceable right. (S.C.) File No.22869

38 - Latest/Important Decisions

Sat, 03 Sep 2011 00:46:38 PDT

Amendment of pleadings - Should be allowed when it is bona fide, legitimate, honest and necessary - Should never permit mala fide, worthless and/or dishonest amendments. (S.C.) (File No.11390)

Co-owner - A co-owner can always maintain a suit for eviction. (S.C.) (File No.11391)

Additional accused - Offence triable by Sessions Court - S.319(4)(b) Cr.P.C. is a deeming provision dispensing with the formal committal order against the newly added accused. (S.C.) File No.18946

37 - Latest/Important Decisions

Thu, 01 Sep 2011 23:43:41 PDT

Fire-arm injury - Distance - Where the weapon and ammunition used is of uncertain make and quality, the normal pellet pattern based on standard weapons and ammunition, cannot be applied with accuracy - Distance from which the shots have been fired cannot have the effect of dislodging a credible eye witness account. (S.C.)

Police investigation - Provision of S.156(3) Cr.P.C. provides for a check by Magistrate on the police performing their duties and where Magistrate finds that police have not done their duty or not investigated satisfactorily, he can direct Police to carry out investigation properly, and can monitor the same. (S.C.)

Bail in bailable offence - Accused is legally entitled to be enlarged on bail - The right to claim bail in a bailable offence is an absolute and indefeasible right - If accused of bailable offence is unable to furnish bail within a week he shall be released on personal bond - In case accused is found to have mis-used the bail or to have violated the conditions of the bail, his bail can be cancelled - Bail once granted to the accused under the bailable offence cannot be cancelled only because complainant was not heard. (P&H)

36 - Latest/Important Decisions

Thu, 01 Sep 2011 01:40:51 PDT

A plea not taken by accused in his statement u/s 313 Cr.P.C. - Defence evidence on that plea is meaningless. 2011(2) Apex Court Judgments 629 (S.C.)

Arbitration award - Arbitrator cannot award interest when there is an agreement between parties that no interest shall be payable. 2011(2) Apex Court Judgments 634 (S.C.)

Trespasser - Cannot be evicted forcibly - A person in illegal occupation of land has to be evicted following procedure prescribed under law. 2011(3) Civil Court Cases 006 (S.C.)

35 - Latest/Important Decisions

Wed, 31 Aug 2011 03:05:41 PDT

Agreement to sell - Witness - When executant of agreement pleads that he has the consent of the person, who figured as a witness, then a situation may emerge, where the witness need to explain his stand. 2011(3) Civil Court Cases 741 (A.P.)

Service of summons by registered post - Received back with endorsement 'Unclaimed' - Same may be treated to be sufficient service, only when, on the packet itself, there is an endorsement that upon failing to serve the postal packet, left an intimation for the recipient that such postal packet may be collected from the postal office - Service cannot be deemed to be effected when the postal packet only contains an endorsement to the effect 'Unclaimed'. 2011(3) Civil Court Cases 806 (Uttarakhand) (DB)

A Hindu converting to Islam returned to Hindu fold after Shudhikaran ceremonies in the manner and being followed by Hindu customs - Marriage of such a person with a Hindu is permissible u/s 5 of Hindu Marriage Act - Marriage cannot be declared a nullity. 2011(2) Apex Court Judgments 664 (S.C.)

34 - Latest/Important Decisions

Tue, 30 Aug 2011 04:00:55 PDT

Rape - A woman and more so a young unmarried woman will not put her reputation in peril by alleging falsely about forcible sexual assault as ours is a conservative society. (S.C.)

Suicide not on account of demand for dowry but due to harassment caused by husband - Offence u/s 304-B IPC is not made out. (S.C.)

33 - Latest/Important Decisions

Mon, 29 Aug 2011 03:05:59 PDT

Rejection of plaint - Disputed questions cannot be decided at the time of considering application U.O.7.R.11(d) CPC. (Rajasthan)

Additional accused - Cannot be summoned for offence u/s 302, 201 IPC for giving certain wrong information to any person in order to save a culprit. (Allahabad)

Attempt to commit suicide - Indefinite fast till demands met - No offence u/s 309 IPC. (Kerala)

32 - Latest/Important Decisions

Fri, 26 Aug 2011 22:46:52 PDT

Promissory note - Tampered with - Figure '1' added to figure 25,000 to read it 1,25,000 - Suit cannot be decreed merely for the reason that defendant admitted his signatures. (S.C.)

Maintenance - Wife is entitled to stay separate from husband and claim maintenance when (a) husband is guilty of desertion i.e. guilty of abandoning his wife without a reasonable cause without her consent or against her wish or (b) husband wilfully neglects his wife; (c) if husband keeps mistress or concubine in the house; (d) If husband treats wife with cruelty as to endanger his personal safety - In such circumstances wife is entitled to live separate and claim maintenance. (Bombay) (DB)

Witness to agreement to sell - Knowledge of transaction can be attributed to him - However, terms of contract are not binding on every one who knows the transaction - A witness cannot be treated or become a party to the transaction and he is not bound by the terms of contract. (A.P.)

31 - Latest/Important Decisions

Thu, 25 Aug 2011 23:43:18 PDT

Dishonour of cheque - Cheque given towards liability or debt incurred by someone else - Person who is a drawer of the cheque can be made liable u/s 138 of the Act. (S.C.)

Evidence of a witness when allowed to go unchallenged with regard to any point, it may safely be accepted as true. (Delhi)

Plaint - Amendment - Court generally allows amendment of pleadings unless it is satisfied that the party applying was acting malafide or that by his blunder he had caused injury to his opponent. (Allahabad)

30 - Latest/Important Decisions

Wed, 24 Aug 2011 23:22:03 PDT

Pleadings - Amendment - Party should not suffer for the inaction, deliberate omission or misdemeanour of his counsel. (Allahabad)

Divorce - Acts of cruelty - Condoned - However, previous acts of cruelty will get revived when the offending party keeps committing or repeating the acts of cruelty towards the other spouse even after the condonation. (Delhi)

29 - Latest/Important Decisions

Wed, 24 Aug 2011 05:36:24 PDT

28 - Latest/Important Decisions

Tue, 23 Aug 2011 21:57:43 PDT

Affidavit - Notary before whom sworn not examined - Not a proof in accordance with law - No reliance can be placed thereon. (S.C.) File No.18832

Defendant can cross examine co-defendant only when interest of co-defendant is adverse to the interest of defendant. (Allahabad) (DB) File No.11507

Dishonour of cheque - Loan advanced by husband and cheque issued in favour of wife - Husband not examined as a witness - Failure to prove fact of lending money and receipt of cheque by complainant towards discharge of loan amount - Accused acquitted - Order upheld. (Karnataka) File No.11552

27 - Latest/Important Decisions

Tue, 23 Aug 2011 02:22:17 PDT

'Three months' - Does not mean 90 days - It refers to the actual period of a calendar month. (S.C.) File No.12331

Bail in a bailable offence - Pendency of more criminal cases is no ground to reject bail in a bailable offence. (Rajasthan) File No.19608

Suit for specific performance - Court cannot direct a plaintiff in a suit for specific performance, or any other suit, to file an undertaking that in the event of not succeeding in the suit, he shall pay, a specified sum, by way of damages to the defendant. (S.C.) File No.23181

26 - Latest/Important Decisions

Sat, 20 Aug 2011 20:44:06 PDT

Agreement to sell - Plea of cancellation taken by defendant - Presupposes the execution of agreement by defendant. (P&H)

25 - Latest/Important Decisions

Fri, 19 Aug 2011 23:34:03 PDT

Contraband - Sample - To be sent to Chemical Examiner only with the directions of the Courts on a request of I.O. - Otherwise, a concocted sample can be sent straight away by a police sleuth to the Chemical Examiner to foist a case against an innocent person. 2011(2) Criminal Court Cases 652 (P&H)

Custodial violence - Violation of Supreme Court's dictum laid down in D.K.Basu's case - Warning given to all policemen in the country that this will not be tolerated. 2011(2) Apex Court Judgments 164 (S.C.)

Attachment - Ceases only when execution application is dismissed and not when adjourned sine die or closed on account of any moratorium or stay of execution. 2011(2) Civil Court Cases 457 (S.C.)

24 - Latest/Important Decisions

Fri, 19 Aug 2011 11:27:40 PDT

General power of attorney - Principal can act independently even after executing power of attorney and for this he need not to take the consent of the attorney. 2011(2) Civil Court Cases 736 (S.C.)

Illegal gratification - Non examination of complainant - No explanation by I.O. - Held, best evidence to prove demand not made available before Court - Accused acquitted. 2011(3) Criminal Court Cases 135 (S.C.)

Charge sheet not filed within stipulated period - Right to bail - Magistrate failed to pass order and kept the application pending - Challan filed in the meantime - Right of accused to bail is not extinguished. 2011(3) Criminal Court Cases 042 (Allahabad)

23 - Latest/Important Decisions

Wed, 17 Aug 2011 22:39:17 PDT

Now, Lawyers can practise in all Courts

The Central Government has finally notified Section 30 of the Advocates Act, 1961 (the Act) which will as a matter of right allow lawyers to practice in any court, tribunal or any quasi judicial authority all over India. This will allow lawyers to practice in all courts across India irrespective of which bar council they are enrolled in or without the need or condition to transfer the bar licence to the state where they want to practice in.

Section 30 of the Advocates Act provides: “Right of advocates to practice: Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice”.

The government issued the Gazette Notification on June 9. It said "The Central Government hereby appoints June 15, 2011 as the date on which Section 30 of the Advocates Act shall come into force.

22 - Latest/Important Decisions

Wed, 17 Aug 2011 22:38:05 PDT

General power of attorney - Principal can act independently even after executing power of attorney and for this he need not to take the consent of the attorney. 2011(2) Civil Court Cases 736 (S.C.)

Illegal gratification - Non examination of complainant - No explanation by I.O. - Held, best evidence to prove demand not made available before Court - Accused acquitted. 2011(3) Criminal Court Cases 135 (S.C.)

Charge sheet not filed within stipulated period - Right to bail - Magistrate failed to pass order and kept the application pending - Challan filed in the meantime - Right of accused to bail is not extinguished. 2011(3) Criminal Court Cases 042 (Allahabad)

21 - Latest/Important Decisions

Tue, 16 Aug 2011 22:02:55 PDT

Right to information - Evaluated answer books - Evaluated answer-book is an 'information' under RTI Act - Examining bodies have to permit inspection sought by the examinees as there is no exemption available to the examining bodies with reference to evaluated answer books - The right to access information does not extend beyond the period during which the examining body is expected to retain the answer-books - However, information as to the names or particulars of the examiners/co-ordinators/scrutinisers/head examiners are exempted from disclosure u/s 8(1)(g) of RTI Act. (Supreme Court)

Full Text Edited Judgment copy available now free of any charges for a limited period of one day. Write : info@lawmirror.com

Affidavit - Not in consonance with the provisions of law and which goes beyond the issues - Court can struck off such an affidavit. (Himachal Pradesh)

20 - Latest/Important Decisions

Mon, 15 Aug 2011 21:26:53 PDT

Suit for cancellation of sale deed is governed by Art.59 of Limitation Act - Limitation to file suit is three years - Period of limitation has to be reckoned from the date of execution of sale deed. 2011(3) Civil Court Cases 540 (Gauhati)

Transfer of property during pendency of execution proceedings - Sale deed is hit by doctrine of lis pendens - Sale is null and void and does not affect the rights of plaintiff. 2011(3) Civil Court Cases 458 (P&H)

Service - Employee regularized before death - Appellant entitled to all consequential benefits, including family pension. 2011(1) Apex Court Judgments 216 (S.C.)

19 - Latest/Important Decisions

Mon, 15 Aug 2011 06:13:20 PDT

Gun shot - Range short or long - When there are dark burn marks around the wound then it is shot from a close distance and it is not so when shot is fired from a distance as the burnt gun powder does not go much far from the muzzle of the weapon. 2011(2) Criminal Court Cases 081 (S.C.)

Abetment of suicide - Creating surcharged atmosphere in family leaving no option for the deceased but to adopt the extreme step - Amounts to abetment of suicide. 2011(2) Criminal Court Cases 155 (P&H)

Attempt to murder - Intention - Accused assaulted complainant aiming blow on head from blunt side of gupti - Complainant escaped blow on head - Blow landed on the shoulder of the complainant - Blow if given on head could have caused death - Held, merely because blow was from blunt side and caused simple injury, will not take the case out of the criminal trapping of S.307 IPC. 2011(3) Criminal Court Cases 185 (Bombay)

18 - Latest/Important Decisions

Sat, 13 Aug 2011 05:26:24 PDT

Service - Reinstatement - Appellant discharged from service - Challenged in a writ petition - Petition withdrawn on assurance of reinstatement - Appellant reinstated but to a lower grade - Appellant served on the post of lower grade for three years and challenged the same thereafter - Not entitled to any relief. 2011(2) Apex Court Judgments 724 (S.C.)

17 - Latest/Important Decisions

Sat, 13 Aug 2011 05:26:17 PDT

Notice - Sent as per registered post - There is a presumption in law that addressee received the materials sent by post. 2011(2) Apex Court Judgments 507 (S.C.)

16 - Latest/Important Decisions

Sat, 13 Aug 2011 05:26:09 PDT

Abscondance - Mere abscondance of accused cannot be taken as a circumstance which give rise to draw an adverse inference against him. 2011(2) Apex Court Judgments 697 (S.C.)

15 - Latest/Important Decisions

Fri, 12 Aug 2011 03:29:06 PDT

Execution - Objection petition can be dismissed summarily - Every objection petition need not to be put to trial when averments, prima facie, appear to be frivolous, mala fide and vexatious and is filed with an objective to delay the execution proceedings. 2011(3) Civil Court Cases 521 (P&H)

Permanent alimony - Status of wife before her marriage is one of the relevant factors for determining the amount of maintenance. 2011(2) Apex Court Judgments 600 (S.C.)

Voice identification - No attempt made to mix the voices of accused with some other unidentified voices - In such circumstances, the voice identification evidence would have little value. 2011(2) Apex Court Judgments 644 (S.C.)

14 - Latest/Important Decisions

Wed, 10 Aug 2011 05:38:11 PDT

Students have the right to access their answer-sheets under the Right to Information Act - Evaluated answer-sheets are covered under the definition of `information' under the RTI Act - Examination conducting agencies are not exempted under the transparency law from disclosing the answer-sheets. (S.C.)

For the benefit of students we will very shortly publish online the Full Text Judgment with head notes.

13 - Latest/Important Decisions

Wed, 10 Aug 2011 05:37:24 PDT

Arbitrator - Appointment - Consideration of an application for appointment of arbitrator does not extend to consideration of the merits of the claim or the chances of success of the claim. (S.C.)

Arbitrator cannot award interest when there is an agreement between parties that no interest shall be payable. (S.C.)

Permanent Lok Adalat - Clause in agreement that only Courts at Delhi will have jurisdiction in event of dispute - Permanent Lok Adalat at a place other than Delhi has jurisdiction when part of cause of action arose at that place as Permanent Lok Adalat is not a Court and provisions of contract relating to the exclusivity of jurisdiction of Courts at Delhi will not apply. (S.C.)

12 - Latest/Important Decisions

Tue, 09 Aug 2011 00:43:36 PDT

A Hindu converting to Islam returned to Hindu fold after Shudhikaran ceremonies in the manner and being followed by Hindu customs - Marriage of such a person with a Hindu is permissible u/s 5 of Hindu Marriage Act - Marriage cannot be declared a nullity. (S.C.)

11 - Latest/Important Decisions

Mon, 08 Aug 2011 23:33:47 PDT

Consumer - Goods purchased for commercial purposes and/or service hired or availed for commercial purposes - Not a consumer within the meaning of the Act - Complaint not maintainable. 2011(1) Apex Court Judgments 206 (S.C.)

Order passed with consent - Cannot be allowed to be challenged. (Supreme Court)

10 - Latest/Important Decisions

Mon, 08 Aug 2011 23:33:35 PDT

Arbitrator - Appointment - Claim whether barred by res judicata - Does not arise for consideration in a proceeding u/s 11 of the Arbitration Act - Such issues has to be examined by the arbitral tribunal. (Supreme Court)

9 - Latest/Important Decisions

Mon, 08 Aug 2011 23:33:23 PDT

Anticipatory bail - Should ordinarily be continued till the trial of the case. 2011(1) Apex Court Judgments 137 (S.C.)

8 - Latest/Important Decisions

Mon, 08 Aug 2011 04:50:06 PDT

Service - Contributory Provident Fund - After retirement, entire CPF amount is paid to the employee as a retiral benefit - On receipt of CPF amount, the relationship between employee and employer ceases to exist without leaving any further legal right or obligation qua each other. 2011(2) Apex Court Judgments 392 (S.C.)

Service - Disciplinary proceedings - Authority has to give some reason, which may be very brief, for initiation of the inquiry and conclusion thereof - It has to pass a speaking order and cannot be ipse dixit either of the inquiry officer or the authority. 2011(2) Apex Court Judgments 507 (S.C.)

7 - Latest/Important Decisions

Mon, 08 Aug 2011 04:49:26 PDT

6 - Latest/Important Decisions

Mon, 08 Aug 2011 04:48:59 PDT

Dishonour of cheque - Execution/drawn - Proof - Cheque handed over or delivered to complainant and cheque drawn by accused - Both are independent facts - Merely to say that cheque was handed over by accused is not proof of execution/drawn of cheque. 2011(3) Criminal Court Cases 332 (Kerala)

5 - Latest/Important Decisions

Sun, 07 Aug 2011 04:53:36 PDT

Issues - Trial Court not to frame an issue on a point which has been finally determined upto Supreme Court as the same is exclusively barred by the principle of res judicata. 2011(3) Civil Court Cases 295 (S.C.)

4 - Latest/Important Decisions

Sun, 07 Aug 2011 04:52:57 PDT

Arrears of rent - Paid by tenant to co-owner of property and brother of respondent No.1 - Tenant cannot be compelled to pay the rent amount twice - Held, appellant has no liability to pay rent. 2011(3) Civil Court Cases 379 (S.C.)

3 - Latest/Important Decisions

Sat, 06 Aug 2011 04:32:59 PDT

Divorce by mutual consent - Any of the parties can withdraw his consent at any time before the passing of the decree. 2011(2) Apex Court Judgments 026 (S.C.)

Electronically recorded conversation - Admissible in evidence, if (a) the conversation is relevant to the matter in issue; (b) voice is identified; (c) accuracy of the recorded conversation is proved by eliminating the possibility of erasure, addition or manipulation. 2011(2) Apex Court Judgments 065 (S.C.)

General power of attorney - Principal despite executing power of attorney when acts himself it amounts to implied revocation of power of attorney. 2011(2) Apex Court Judgments 001 (S.C.)

2 - Latest/Important Decisions

Sat, 06 Aug 2011 04:29:58 PDT

Additional evidence - Deletion of O.18.R.17-A CPC does not mean that no evidence can be received at all, after a party closes his evidence. 2011(2) Apex Court Judgments 065 (S.C.)

1 - Latest/Important Decisions

Sat, 06 Aug 2011 04:19:01 PDT

Dishonour of cheque - Exemption from personal appearance - It is discretion of Court - While considering an application for exemption Magistrate has to bear in mind the nature of the case as also the conduct of the person summoned - He shall examine whether any useful purpose would be served by requiring the personal attendance of the accused or whether the progress of the trial is likely to be hampered on account of his absence. (Supreme Court) (File Number 24371)