Shivkishan Vs. Sujata Tarachand Makhija and Ors. [Civil Appeal Nos.7652-7653 of 2019 arising out of Special Leave Petition (Civil) Nos. 29516-29517 of 2016] Uday Umesh Lalit, J. 1. Leave granted. 2. These appeals challenge the decisions of the High Court1, namely, (i) Judgment and Final Order dated 21.09.2015 passed in Writ Petition No.1460 of 2006 and; (ii) Final Order dated 01.08.2016 passed in Miscellaneous Civil Application No.206 of 2016 in Writ Petition No. 1460 of 2006(D .....
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State of Rajasthan Vs. Sahi Ram [Criminal Appeal No.1497 of 2019 arising out of SLP (CRL.) No.8428 of 2016] Uday Umesh Lalit, J. 1. Leave granted. 2. This appeal challenges the final order dated 07.04.2016 passed by the High Court1 in S.B. Criminal Appeal No.774 of 2015. 3. On receiving source information on 20.06.2006 that in a white coloured Tavera vehicle bearing registration No.RJ27-TC-0323 three persons were coming from Madhya Pradesh along with contraband material namely pop .....
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Can a case be compounded after conviction [Read the Order]. Justice Sanjeev Sachdeva 29 Sep 2019 Delhi High Court has first convicted a person and then allowed him to compound the matter and acquitted him from the case. A bench of Justice Sachdeva has passed the order in the case titled as Babli vs State on 21.08.2019. Appellant impugns judgment dated 16.05.2018 and order on sentence dated 24.05.2018 whereby appellant has been convicted of an offence under Section 307/34 IPC .....
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Central Bureau of Investigation etc. Vs. Mrs. Pramila Virendra Kumar Agarwal & ANR. etc. [Criminal Appeal Nos. 14891490 of 2019 arising out of SLP (Criminal) Nos. 8968-8969 of 2019 arising out of Diary No. 23350/2017] A.S. Bopanna,J. Delay condoned. 2. Leave granted. 3. The appellant Central Bureau of Investigation (CBI) is before this Court assailing the order dated 14.12.2015 passed by the High Court of Judicature at Bombay in Criminal Revision Application Nos. 284/2013 and 323/ .....
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Shrirang Yadavrao Waghmare Vs. State of Maharashtra and Ors. [Civil Appeal No. 7306 of 2019 arising out of SLP (C) No. 33818/2015] 1. Leave granted. 2. The appellant was a Judicial Officer. He was appointed as a Judicial Magistrate on 01.03.1985. On 08.02.2001, he was put under suspension and dismissed from service on 15.01.2004. The appellant challenged his writ petition filed before the High Court. The same was dismissed. Notice was issued in the special leave petition on 14.12.2015 l .....
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LANDMARK JUDGMENT : SECTION 139 OF THE N.I. ACT Can accused be acquitted in cheque bounce case if the plaintiff has no money lending license? The Negotiable Instruments Act defines Law relating to negotiable instruments which are Promissory Notes, Bills of Exchange as well as cheques. A cheque is said to be bounced when a check cannot be processed because the account holder has non-sufficient funds. Section 139 of the N.I. Act says that there is assumption in favour of Holder that the cheq .....
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Supreme Court: No maintenance for wife who is working for sufficient salary [Read the Order] Apex Court Supreme Court has declined to award any maintenance to wife who was working with sufficient salary, however, it awarded maintenance to the daughter. A bench of Justice Shantanagoudar and Justice Khanna has passed the order in the case titled as KUSUM BHATIA vs SAGAR SETHI on 16.09.2019. A decree was passed on 21.03.2009 in HMA 128/2008 by Additional District Judge (ADJ), Delhi .....
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*IMPORTANT DECISIONS* *(23.09.2019)* *The following are not head notes but only extracts of head notes. Our head notes are short, to the point, self explanatory and all law points settled are culled out in head notes. Read our head notes and feel the difference.* *Agreement to sell by landlord with tenant - Tenant not put into possession in part performance of agreement to sell - Landlord can seek eviction of tenant. (2016(2) Civil Court Cases 504 (Delhi)* *Bail - Grant or refusal of b .....
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Ker HC | Accused wrongfully charged of committing cheating and rape; Court grants bail in light of fabrication of facts by complainant CASE BRIEFSHIGH COURTS Published on September 21, 2019 Kerala High Court: Alexander Thomas, J. disposed of a matter wherein a complaint was lodged against the petitioner accusing of committing rape and cheating. In the present case, the complainant, a married lady whose divorce proceedings were still underway had advertised in the matrimonial colum .....
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Anupal Singh and Others Vs. State of Uttar Pradesh through Principal Secretary, Personnel Department and Others [Civil Appeal No.4815 of 2019] [C.A. No. 4817/2019] [C.A. No. 4816/2019] [C.A. No. 4819/2019] [C.A. No. 4818/2019] [C.A. No. 4821/2019] [C.A. No. 4820/2019] [C.A. No. 4830/2019] [C.A. No. 4829/2019] [C.A. No. 4833/2019] [C.A. No. 4825/2019] [C.A. No. 4827/2019] [C.A. No. 4834/2019] [C.A. No. 4828/2019] [C.A. No. 4824/2019] [C.A. No. 4835/ .....
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PRITI KUMARI vs. STATE OF BIHAR IMPORTANT Courts at place where wife has taken shelter also have jurisdiction to entertain complaint alleging commission of offences under Section 498A of IPC. Criminal Procedure Code, 1973 Section 177 and 178 Indian Penal Code, 1860 Section 498A Harassment - Jurisdiction - Courts at place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or his relatives - Also have jurisdiction to .....
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WILL IPC 279, 337,338 HAVE ANY IMPACT ON THE ISSUE OF PASSPORT? Unless a court of law hinders one from getting a Passport, by the fundamental right anyone can get Passport. But a court of law can seize one’s Passport and forbid the holder from going abroad until the case against him/her has been disposed of. When people who are charged with relatively less offensive sections wherein no criminal intention or mindset is reflected in the part of the accused, are normally worried about getting .....
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Bom HC | Interference with issuance of process under S. 138 read with S. 141 NI Act declined where Directors had resigned, but the resignation was not approved CASE BRIEFS HIGH COURTS Published on October 3, 2019 Bombay High Court: S.S. Shinde, J. refused to interfere with the order of the Magistrate whereby process was issued against the applicants (directors of the accused company) for commission of offence under Section 138 read with Section 141 of the Negotiable Instruments Act, 188 .....
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Armed Forces (Special Powers) Act extended in three districts of Arunachal Pradesh till 31-03-2020 Published on October 1, 2019 Union Ministry of Home Affairs issues notification declaring Tirap, Changlang, and Longding districts in Arunachal Pradesh, and areas under four other police stations as “disturbed area” up to 31st March 2020, unless withdrawn earlier. S.O. 3559(E).— Whereas the Central Government in exercise of the powers conferred by Section 3 of the Armed Forces (Speci .....
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Compromise decree. No independent suit is maintainable for cancellation of compromise decree bsed on fraud. Appliction for setting aside such fraudulent decree to be moved only before the court that passed the compromise decree. R. Rajanna Vs. S.R. Venkataswamy MANU/SC/1060/2014 : (2014) 15 SCC 471, dealth with the question "can the validity of a decree passed on a compromise be challenged in a separate suit?" Held that Order XXIII Rule 3A of the CPC clearly bars a suit to .....
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Service Law — Promotion — Departmental examination: In this case, for the post of Sub-Inspector (Civil Police), there was recruitment through limited departmental examination. There was eligibility criteria in terms of U.P. Sub-Inspector and Inspector (Civil Police) Service Rules, 2008 stipulating requirement of obtaining 50% marks in each subject. Contention that requirement of securing 50% marks was to be reckoned paperwise and not subjectwise was rejected in view of express language o .....
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Protection of Women From Domestic Violence Act, 2005 Section 23 Award of interim maintainence - Revision against order of award is maintainable - Since order passed under Section 23 though limited in its jurisdiction till the main proceedings is a final order, hence there is no Bar for entertaining a revision. Amir Khan v. State of Rajasthan, (Rajasthan)(Jaipur Bench) 2019(3)Cri.CC 227. .....
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Ravishankar @ Baba Vishwakarma Vs. State of Madhya Pradesh [Criminal Appeal No. 1523-1524 of 2019 arising out of Special Leave Petition (CRL.) Nos. 9254- 9255/2019 CRL. M.P. Nos. 5704-5705 of 2017] SURYA KANT, J. Delay condoned. Leave granted. 2. Hovering between life and death, the appellant assails the judgment dated 6th December, 2016 passed by the High Court of Madhya Pradesh at Jabalpur whereby the death reference made by the IIIrd Additional Sessions Judge, Gadarwara, Distri .....
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Satish Kumar Vs. State of Haryana [Criminal Appeal No. 1835 of 2010] SANJIV KHANNA, J. The impugned judgment dated September 19, 2008 passed by the Punjab & Haryana High Court affirms conviction of the present appellant Satish Kumar and one Dhajja Ram for murder of Shamsher under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the "Code"), for which the appellant has been sentenced to imprisonment for life and fine of Rs. 10,000/- with default stipu .....
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Section 313 CrPC, Audi Alteram Partem, and the Rights of the Accused Bar & Bench October 7 2019 Section 313 FacebookTwitterWhatsAppShare301 Chetan Lokur The Criminal Procedure Code, 1973 guarantees certain basic rights to the accused, including the right to be supplied a copy of all the documents on which the prosecution proposes to rely (Sections 207 and 208, CrPC); the right to lead evidence in defence (Section 243); the right to be present during the recording of evidence (Section 27 .....
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Compromise decree. No independent suit is maintainable for cancellation of compromise decree bsed on fraud. Appliction for setting aside such fraudulent decree to be moved only before the court that passed the compromise decree. R. Rajanna Vs. S.R. Venkataswamy MANU/SC/1060/2014 : (2014) 15 SCC 471, dealth with the question "can the validity of a decree passed on a compromise be challenged in a separate suit?" Held that Order XXIII Rule 3A of the CPC clearly bars a suit to .....
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Question for the larger bench: What will happen to the proceedings already recorded in a court which had no jurisdiction in a civil dispute. Justice Aniruddha Bose-Justice Deepak Gupta 09 Oct 2019 Supreme Court prima facie feels that when a Court orders return of the plaintt he Court exercising its inherent jurisdiction should return the plaint, which is the property of the plaintiff, to the plaintiff but should also transfer the other material on record to the Court to which the pla .....
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FIR against doctor for negligence cannot be registered unless the police authorities obtain an expert opinion [Read the Order] Medical Negligence 09 Oct 2019 Delhi High Court has set aise the order of MCI which has given clean chit to a doctor who was alleged to have committed death due to negligence while performing some medical procedure and diirected the MCI to pass fresh order. A bench of Justice Bakhru has passed the order in the case titled as Ramesh Dutt Sharma vs Medical Cou .....
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Fainul Khan v. State of Jharkhand The Indian Penal Code, 1860 – Section 302/149 & 323/149 and 147 – The Code of Criminal Procedure, 1973 – Section 464 – Effect of omission to frame, or absence of, or error, in charge – The objection about a defective charge, without any evidence of the prejudice caused, has been raised for the first time in the present appeal and for that reason also merits no consideration. The Code of Criminal Procedure, 1973 – Section 313 – Power to examin .....
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Vidhi Himmat Katariya v. State of Gujarat Right of Persons with Disabilities Act, 2016 – Section 32 – When the experts in the field have opined against the petitioners, the Court would not be justified in sitting over as an appellate authority against the opinion formed by the experts. Case Number : W.P. (C) No. 885 of 2019 04-10-2019 Petitioner’s Advocate : Krishna Kumar Singh Bench : Hon’ble Mr. Justice Arun Misra, Hon’ble Mr. Justice M.R. Shah, Hon’ble Mr. Justice B.R. .....
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State of Arunachal Pradesh v. Ramchandra Rabidas @ Ratan Rabidas Motor Vehicles Act, 1988 – Driving of Motor Vehicle – Whether road traffic offences shall be dealt with only under the provisions of M.V. Act and in cases of road traffic or motor vehicle offences, prosecution under the provisions of Indian Penal Code,1860 is without sanction of law, and recourse to the provisions of the IPC would be unsustainable in law? Held, a prosecution, if otherwise maintainable, would lie both under t .....
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Section 50 of the NDPS Act: Use of different terms describing a gazetted officer may create a doubt about the compliance of requirements [Read the Order] Justice Vibhu Bakhru 09 Oct 2019 Delhi High Court has observed that use of such different terms describing a gazetted officer does create a doubt whether the notice under Section 50 of the NDPS Act had been properly explained to the respondent. A bench of Justice Bakhru has passed the order in the case titled as State vs Vicky on 1 .....
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Supreme Court: Child has a Right to the Affection of both the Parents (Read Order) 09 Oct 2019 Marriage and Divorce News While considering a Special leave petition filed by a father, the Supreme Court observed that a child has a right to the affection of both his parents. The top court directed the Family Court to "Ensure that visitation rights are fixed in such a manner that the child gets to know and love his father." However, the bench of Justices Deepak Gupta & Surya Kant ref .....
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Supreme Court : Divorce on Grounds of Desertion Subject to Maintenance Supreme Court 10 Oct 2019 The Top Court on Saturday ruled that a wife, who has been divorced on the ground of desertion, is entitled to claim maintenance from her ex-husband. A bench headed by Justice Deepak Gupta dismissed the petitioner's (husband) plea to refer the matter to a larger bench. "This view has been consistently taken by this Court & the said view is in line with both the letter & spirit of the C .....
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Kar HC | Sessions Court has absolutely no power to pass an order under S. 15 of JJ Act; Statutory power vested with JJ Board CASE BRIEFSHIGH COURTS Published on October 10, 2019 Karnataka High Court: K.N. Phaneendra, J. while allowing the present appeal against the order of the II Additional District and Sessions Judge directed the Sessions Judge to refer the matter to the Juvenile Justice Board as the said order passed by the Sessions Judge is not sustainable either in law or on facts. .....
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District Judge AK Mendiratta appointed as new Union Law Secretary October 15 2019 AK Mendiratta Sitting District & Sessions Judge (North East) of the Delhi's Karkardooma Courts Anoop Kumar Mendiratta has been appointed as the new Union Law Secretary. As per reports, it is the first time a sitting judge has been appointed as Law Secretary. AK Mendiratta has been appointed till March 30, 2023, or until he attains the age of 60, whichever is earlier. Before his stint at Karkardooma, .....
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POCSO cases: Absence of positive FSL report will not cast any doubt on the testimony of the victim [Read the Order] POCSO Crimes 20 Oct 2019 Delhi High Court has observed that FSL report is only a corroborative piece of evidence and merely because it does not corroborate the testimony of the victim would not, in any manner, render the testimony of the witness, which is otherwise reliable, as unreliable or liable to be discarded. A bench of Justice Sachdeva has passed the order in th .....
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_* ,Domestic Violence Act, Section 12 Grant of maintenance-Both parents have a legal, moral and social duty to provide to their child best education and standard of living within their meansMere fact that spouse with whom child is living is having a source of income, even if sufficient, would in no way absolve other spouse of his obligation to make his contribution towards maintenance and welfare of child Statutory obligation is paramount to wish of father and he cannot be permitted to limit thi .....
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Dishonour of cheque Sentence Reduction of substantive sentence to till rising of court and reduction of compensation amount And grant of other reliefs to petitioner such as liberty to make the payments directly to the complainant etc. etc. Legality. [2019 SAR (Criminal).........Supreme Court........IN.......Lenin Vs. State of Kerala & Anr.; Special Leave Petition (Crl.) No.4593 of 2019; Decided on 6th May, 2019.] .....
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Right To File A Regular Appeal Right to file an appeal under Section 96(2) CPC is a statutory remedy. The right to appeal is not a mere matter of procedure; but is a substantive right. Right to appeal under Section 96(2) CPC challenging the original decree passed ex-parte, being a statutory right, the defendant cannot be deprived of the statutory right merely on the ground that the application filed under Order IX Rule 13 CPC was earlier dismissed. The defendant against whom an ex-parte .....
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Ravindra Saxena v. State of Rajasthan, Crl.A. No. 2406 of 2009 SC December 15, 2009 The Indian Penal Code, 1860 – Section 420, 467, 468, 120-B – The Code of Criminal Procedure, 1973 – Section 438 – Anticipatory Bail – Denial of anticipatory bail only on the ground that the challan has been presented would not satisfy the requirements of Sections 437 and 438 Cr.P.C. AIR 2010 SC 1225 : AIR 2010 SCW 523 : 2010 ANJ (Supp.1) 1 : 2010 (2) Bom. C.R. (Cri.) 125 : 2010 (1) Crimes 30 : J .....
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_"SC Civil*_ _*Party Name:- Hammad Ahmed v/s Abdul*_ _*Case No:- CA 3382/19*_ _*Date:- 13/04/19*_ _*Uday Umesh JJ*_ _*HEADNOTE:- Order 39 Rules 1 and 2 CPC Specific Relief Act, -Section 39-Interim injunction-Ad interim mandatory injunction, is to be granted not at asking but on strong circumstance so that to protect rights and interest of parties so as not to frustrate their rights regarding mandatory injunction-Court would grant such an interim relief only if it is satisfied that wit .....
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Acquittal Dowery death case Mother of appellant who was equally complicit as him in all the demands has been held guilty only under Section 498A, IPC Appellant also entitled to benefit of doubt. [2019 SAR (Criminal).........Supreme Court........IN........Satyavart Vs. State of Haryana; Criminal Appeal No. 231 of 2010; Decided on 19th September, 2019.] .....
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Matrimonial Law Quashing of complaint alleging offence of cruelty and demand of dowery Rejection of application, for Improper as the parties have amicably resolved all their differences and consciously chose to unconditionally drop all proceedings related to marriage inter se including the criminal action initiated by the complainant. [2019 SAR (Criminal).........Supreme Court.......IN........Rajiv Kumar Sharma & Anr. vs. The State of Uttar Pradesh & Anr.; Criminal Appeal No.1599 o .....
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_*DHC Civil*_ _*Party Name:- Ajanta Raj Proteins Pvt. Ltd. Vs Himanshu Foods Pvt. Ltd*_ _*Case No:- RFA 2/16*_ _*Date:- 31/10/18*_ _*HEADNOTE:- O.37.R.3(5) CPC Summary suit - Leave to defend -Error in summons by Trial Court cannot provide a defence to defendants to steal a march on plaintiff, which would entitle defendants to leave to defend, as objection is not directed against plaintiff but in fact is directed against Registry of Trial Court. (Paras 13 & 14)*_ .....
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_*SC Civil*_ _*Party Name:- Bhupendra v/s Reema*_ _*Case No:- CA 6219/18*_ _*Date:- 10/07/18*_ _*HEADNOTE:- Hindu Marriage Act, Section.13-B Divorce by mutual consent Parties compromised during pendency of appeal in Supreme Court against order of High Court reversing decree of divorce-Independent and conscious decision taken by parties to a decree of divorce by mutual consent-Joint application for divorce by mutual consent signed by respective counsel along with two separate affidavits s .....
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SUPREME COURT: ANCESTRAL AGRICULTURE LAND NOT TO BE SOLD TO OUTSIDERS The Supreme court had taken a big decision on ancestral property rights. The Court stated that if any Hindu heterogenous person needs to sell his share of heritage property then he should have to give priority to the person in the house. There was a confusion that whether agriculture land comes under section 22 of the hindu succession act. Accrding to the act after the death f a person the propert will directlt comes to his .....
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SC Ruling: Women Can Now File Domestic Violence Case (498A) Women can file domestic violence case against their husband and in-laws under 498A from wherever they seek shelter after leaving their marital home – recent Supreme Court judgement. In a landmark judgement affecting women who face domestic violence, the Supreme Court on Tuesday passed a ruling stating that a woman who is forced to leave her matrimonial home due to harassment, can file a case against her estranged husband and in .....
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SUPREME COURT OF INDIA Before:- T.S. Thakur, C.J.I. and Mrs. R. Banumathi, J. Civil Appeal No. 4409 of 2011 with SLP(C) No. 22765 of 2011. D/d. 11.02.2016. Ex. Hav Mani Ram Bhaira - Appellant Versus Union Of India And Ors. - Respondents For the Appellants :- Mr. Prasang Shukla, Ms. Asha Upadhayay, Mr. R. D. Upadhyay, Mr. Anand Mishra, Mr. A. Kumar Singh, Dr. Charuwali Khanna, Dr. (Mrs. ) Vipin Gupta, Advocates For the Respondents :- Mr. P.S. Narasimha, ASG, Ms. B.Sunita Rao, M .....
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IMPORTANT DECISIONS (30.11.2019) Abetment of suicide - Daily quarrels and discords - Cannot be termed as abetment, forcing deceased to commit suicide. (2016(1) Criminal Court Cases 728 (H.P.) Agreement to sell - Absence of signatures of buyer - However, signatures of buyer and seller on receipt - This ipso facto do not nullify agreement. (2019(4) Civil Court Cases 079 (S.C.) Bail - Bail granted u/s 167(2) Cr.P.C. can be cancelled. (2016(1) Criminal Court Cases 808 (Kerala) Condonati .....
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IMPORTANT DECISIONS (29.11.2019) Agreement to sell - Readiness and willingness - Self serving statement of income - Cannot be relied upon in absence of proof of financial resources to return a finding that plaintiff was ready and willing to perform her part of the contract. (2019(4) Civil Court Cases 571 (S.C.) Application U.O.11.Rr.12, 14 r/w S.151 CPC - Can be moved in proceedings relating to temporary injunction. (2019(3) Civil Court Cases 415 (Rajasthan) Compromise decree - Does no .....
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