Abduction and rape – Non raising of alarm at a public place – Does not lead to conclusion that she willingly accompanied accused when fire arm was wielded and she was threatened. 2011(1) Criminal Court Cases 770 (S.C.)
Absence of intention to cheat and/or defraud – An action in criminal Court does not lie. 2011(1) Criminal Court Cases 893 (S.C.)
Adoption – Of a male child without consent of wife – Adoption is not valid – Consent of wife cannot be presumed when she was present at the time of ceremonies of adoption as a mute spectator. 2011(1) Civil Court Cases 775 (S.C.)
Adverse possession – Person claiming adverse possession is required to establish (1) the date on which he came in possession; (2) nature of possession; (3) the factum of possession; (4) knowledge to the true owner; (5) duration of possession and (6) possession was open and undisturbed. 2011(1) Civil Court Cases 699 (S.C.)
Arbitrator – Can itself decide the issue as to existence of arbitration agreement when proceedings are initiated before a nominated arbitral Tribunal. 2011(1) Civil Court Cases 800 (S.C.)
Arbitrator – Existence of an arbitration agreement questioned – If answer is in the affirmative only then an Arbitrator can be appointed. 2011(1) Civil Court Cases 800 (S.C.)
Court while exercising power u/s 482 or exercising revisional jurisdiction u/s 397 Cr.P.C. can look into uncontroverted documents, placed on record by accused, which on the face of it are beyond suspicion or doubt. 2011(1) Criminal Court Cases 740 (S.C.)
Dishonour of cheque – Exemption from person appearance – It is discretion of Court to exempt an accused from personal appearance. 2011(1) Criminal Court Cases 697 (S.C.)
Dishonour of cheque – Exemption of personal appearance – It is discretion of Magistrate to dispense with the rigour of personal examination of the accused u/s 313 of the Code as well. 2011(1) Civil Court Cases 729 (S.C.)
Dishonour of cheque – Personal examination of accused u/s 313 Cr.P.C. can be dispensed with whose personal appearance has been dispensed with. 2011(1) Criminal Court Cases 697 (S.C.)
Dowry death – If a demand for property or valuable security, directly or indirectly, has a nexus with marriage, such demand constitutes ‘demand for dowry’ – Cause or reason for such demand is immaterial. 2011(1) Criminal Court Cases 652 (S.C.)
Dying declaration – No mention of pouring kerosene oil in dying declaration while so told to PW1 – No reason to doubt the statement made by deceased in dying declaration and recorded by a Magistrate even when there is no mention of pouring kerosene oil. 2011(1) Criminal Court Cases 657 (S.C.)
Encroachment of public street – Affected person filed suit – Suit is not governed by O.1.R.8 CPC. 2011(1) Civil Court Cases 693 (S.C.)
Encroachment of public street – Gives rise to continuous cause of action – S.22 of Limitation Act applies – Suit not barred by limitation. 2011(1) Civil Court Cases 693 (S.C.)
Hindu Law – No evidence that property was inherited or joint – Same has to be held to be self acquired property. 2011(1) Civil Court Cases 641 (S.C.)
Inherent power of Court – Every procedure is permitted to the Court for doing justice unless expressly prohibited and not that every procedure is prohibited unless expressly permitted. 2011(1) Civil Court Cases 717 (S.C.)
Jurisdiction – A case cannot be transferred when filed in a Court having no jurisdiction at all to hear it. 2011(1) Apex Court Judgments 424 (S.C.)
Notice – Sent under postal certificate – No allegation that postal certificate was procured – Presumption is that notice was duly served. 2011(1) Civil Court Cases 650 (S.C.)
Presence of wife as a mute spectator at the time of ceremonies cannot presumed. 2011(1) Civil Court Cases 775 (S.C.)
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. 2011(1) Criminal Court Cases 770 (S.C.)
Rape – No rule much less an absolute one that two years have to be added to the age determined by a doctor. 2011(1) Criminal Court Cases 770 (S.C.)
Rape – Not necessary that in all cases there should be injuries on external or internal part of victim. 2011(1) Criminal Court Cases 770 (S.C.)
Specific performance – Ready and willing – Words "ready" and "willing" imply that the person was prepared to carry out the terms of the contact – Distinction between the two is that the former refers to financial capacity and the latter to the conduct of the plaintiff wanting performance – Generally, readiness is backed by willingness. 2011(1) Civil Court Cases 846 (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. 2011(1) Criminal Court Cases 770 (S.C.)
Withdrawal of withdrawal application to withdraw the suit is maintainable. 2011(1) Civil Court Cases 717 (S.C.)
