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.)
Adverse possession – When a person in possession asserts to be owner, even if he fails to establish his tile, his possession would still be adverse to the true owner. 2011(1) Civil Court Cases 026 (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.)
Custom – Proof – Custom when repeatedly recognized by Courts, it blends into the law of land – Proof of same becomes unnecessary. 2011(1) Civil Court Cases 104 (S.C.)
Declaration – Necessary party – In absence of owner of the land, no such declaration can be granted. 2011(1) Civil Court Cases 141 (S.C.)
Dishonour of cheque – Exemption from person appearance – It is discretion of Court. (S.C.) 729
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.)
Electricity – Revised bill – (1) Prior intimation of checking not given; (2) Responsible officer not present at the time of checking; (3) Check meter not installed; (4) Copy of checking report/chart not given to the appellant for filing objections; (5) show cause notice not given along with the demand notice – Revised bill is null and void. 2011(1) Civil Court Cases 001 (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.)
Lis pendens – Transfer is not void or illegal – Pendente lite purchaser is bound by the decision – In case title of transferor’s title is upheld than transferee is not affected and in case it is partly upheld then title of transferee is saved only to that extent and in case title of transferor is not upheld then transferee will not have any title to the property. 2011(1) Civil Court Cases 392 (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.)
Rent & Eviction – Tenant not vacating within six months despite his undertaking – Contempt notice issued – Tenant directed to be evicted from the premises in question forthwith by using police force. 2011(1) Civil Court Cases 326 (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.)
Withdrawal of withdrawal application to withdraw the suit is maintainable. 2011(1) Civil Court Cases 717 (S.C.)
Service – Disciplinary proceedings – Person appearing as a witness cannot be an inquiry officer. 2011(1) Apex Court Judgments 068 (S.C.)
Service – Misconduct – Assertion of employer that it was not practical to hold domestic enquiry to prove the misconduct of the workman – Held, assertion has to be proved by the employer and not by the workman. 2011(1) Apex Court Judgments 125 (S.C.)
Service – Misconduct – Punishment for misconduct can be imposed in consonance with the statutory rules and principles of natural justice. 2011(1) Apex Court Judgments 068 (S.C.)
Cheating – Deception is a necessary ingredient for the offences of cheating – There must be no dishonest concealment of facts – Non disclosure of relevant information would also be treated as a mis-representation of facts leading to deception. 2011(1) Apex Court Judgments 248 (S.C.)
Cheating – Deception is a necessary ingredient for the offences of cheating – Deception by accused of the person deceived must be fraudulent or dishonest – Such deception must induce the person deceived to: either (a) deliver property to any person; or (b) consent that any person shall retain any property – Accused must by deception intentionally induce the person deceived either to do or omit to do anything which he would not do or omit, if he was not so deceived – Such act or omission must cause or must be likely to cause damage or harm to that person in body, mind, reputation or property. 2011(1) Apex Court Judgments 248 (S.C.)
Public document – Has to be tested by applying the same standard in civil as well as criminal proceedings. 2011(1) Apex Court Judgments 225 (S.C.)
Charge – Unless the parties satisfy the Court that there has been a failure of justice from non framing of charge under a particular provision and some prejudice has been caused to them, conviction under such provision of law is sustainable. 2011(1) Apex Court Judgments 356 (S.C.)
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.)
PUNJAB AND HARYANA HIGH COURT
Ad interim injunction – If suit itself is not maintainable then there is no question of grant of ad interim injunction. 2011(1) Civil Court Cases 323 (P&H)
Ad interim injunction – Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable – When suit itself is not maintainable then ad interim injunction cannot be granted. 2011(1) Civil Court Cases 323 (P&H)
Dishonour of cheque – Loan against hire purchase agreement – Hire purchase agreement and statement of account not produced on record – Acquittal upheld. 2011(1) Criminal Court Cases 082 (P&H)
Domestic violence – Complaint against a female is maintainable – It is not necessary for the female to personally appear as an accused in the complaint. 2011(1) Criminal Court Cases 379 (P&H)
Dying declaration – Doctor certificate of fitness – Not required after recording statement that deceased remained conscious throughout when immediately before recording statement doctor had given opinion as to fitness of patient. 2011(1) Criminal Court Cases 015 (P&H)
Illegal gratification – Accused acquitted – No independent witness to the demand – Trap witnesses most interested witnesses – Non treatment of currency notes with phenolphthalein powder – No occasion for demand – Raiding party not offered of their search before conducting search of accused – Shadow witness found to be a different person than so stated – Unbelievable that bribe seeker would come to a public place to accept the bribe when he could have very easily accepted it at his own house where none else except him and the complainant was present. 2011(1) Criminal Court Cases 320 (P&H)
DELHI HIGH COURT
Limitation – Complaint filed within time – Process issued after expiry of limitation – Limitation prescribed is for filing of complaint. 2011(1) Criminal Court Cases 028 (Delhi)
Medical negligence – Negligent or deliberate act of doctor – It is doctor who is liable and not the hospital. 2011(1) Criminal Court Cases 792 (Delhi)
Written statement – Amendment – Withdrawal of admission – It will certainly cause serious prejudice to the case of plaintiff – Such amendments are not allowed – Other proposed amendment not necessary for the purpose of determining the real question in controversy between the parties – Application dismissed. 2011(1) Civil Court Cases 538 (Delhi)
Secondary evidence – Agreement to sell and receipt – Alleged to be illegally retained by father of defendant and after his death passed on to defendant – Second evidence – Held, no logic behind the contention that when a purchaser pays money for purchase of property he would hand over the original receipt of money and documents of sale to seller instead of retaining the same – Since these documents should have been in possession of plaintiff and if plaintiff does not have possession, no presumption can be drawn that plaintiff had handed over these documents to father of defendants and he be permitted to prove orally the execution of such an agreement – Application for secondary evidence disallowed. 2011(1) Civil Court Cases 092 (Delhi)
Maintenance – A husband is supposed to maintain his un earning spouse out of the income which he earns – Maintenance under Domestic Violence Act can be fixed as per prevalent law regarding providing of maintenance – No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not – Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and equally capable of earning and both of them claimed to be gainfully employed before marriage. 2011(1) Civil Court Cases 209 (Delhi)
ALLAHABAD HIGH COURT
156(3) Cr.P.C. – Allegations of dowry death – Order as to police investigation, upheld. 2011(1) Criminal Court Cases 054 (Allahabad)
156(3) Cr.P.C. – Police report – On protest petition Magistrate rejected the final report and summoned the accused – Out of the four options available to Magistrate an accused can be summoned if there is sufficient material in the case diary. 2011(1) Criminal Court Cases 306 (Allahabad)
KERALA HIGH COURT
Bail – Violation of conditions imposed by Superior Court – Magistrate can cancel bail in case of violation of conditions. 2011(1) Criminal Court Cases 834 (Kerala)
Witness – Cannot be examined by appointing an Advocate Commission – A judicial Magistrate alone can be appointed for the examination of a party on commission. 2011(1) Criminal Court Cases 555 (Kerala)
Divorce – Mental cruelty – Husband not allowing wife to take up employment in an MNC as wife has to travel long distances every day – No husband living in the present times can claim an anachronistic prerogative to finally rule on the career ambitions of his wife – Held, it amounts to mental cruelty – Further held that nature of cruelty which would entitle a spouse in matrimony for divorce is identical in all religions – Law cannot recognise different varieties of cruelty as Hindu cruelty, Muslim cruelty, Christian cruelty or secular cruelty to justify a decree for divorce. 2011(1) Civil Court Cases 511 (Kerala) (DB)
Domestic Violence – Respondent who is the opposite party not an accused as such he cannot be arrested and produced or ordered to be arrested and produced before the Magistrate. 2011(1) Civil Court Cases 688 (Kerala)
ANDHRA PRADESH HIGH COURT
Acknowledgment – Valid only when in writing – It is not so when it is way of an answer to an oral suggestion made to a witness in the trial of a case. 2011(1) Civil Court Cases 189 (A.P.)
MADRAS HIGH COURT
Sanction for prosecution – Validity – Once the trial has commenced petition seeking discharge on the ground that sanction is invalid is not maintainable – This matter is to be decided by the trial Court at the end of the trial. 2011(1) Criminal Court Cases 405 (Madras)
BOMBAY HIGH COURT
Bona fide purchaser – Mere verification of municipal record to ascertain title – Not sufficient. 2011(1) Civil Court Cases 123 (Bombay)
HIMACHAL PRADESH HIGH COURT
Custom – Proof – Custom can be proved by oral evidence or written or both – If oral evidence remains unrebutted and inspires confidence, it can be used and a finding can be recorded on the basis of it that custom is proved. 2011(1) Civil Court Cases 151 (H.P.)
FULL BENCH
Accused can only be permitted to remain present during the pre-cognizance stage but he cannot intervene or raise his defence, until order issuing summons is passed. 2011(1) Criminal Court Cases 820 (Allahabad) (FB)
Direction u/s 156(3) Cr.P.C. to police for investigation – Accused has no right of intervention as to the mode and manner of investigation and who should investigate. 2011(1) Criminal Court Cases 820 (Allahabad) (FB)
Dishonour of cheque – Magistrate can issue process on the basis of contents of complaint, documents in support thereof and affidavits in support of the complaint – However, Magistrate can call upon complainant to remain present in Court and examine him and/or his witnesses upon oath for taking decision to issue process against the accused. 2011(1) Criminal Court Cases 634 (Bombay) (FB)
