Mahesh Chandra Sharma Adv

25/09/2025

*Interim maintenance in a petition u/s 125 Cr.P.C. - Deliberate attempt to remain unemployed by educated wife - Mere assertion of job seeking without corroborative evidence is insufficient to establish genuine efforts at self sufficiency - Interim maintenance rightly denied to wife. (2025(3) Civil Court Cases 146 (Delhi)*

*Kidnapping and r**e - Victim was a minor when she eloped with petitioner and may be when they solemnized their marriage - Victim happily living with petitioner and the two children, who have been born from the wedlock - FIR quashed. (2025(1) Criminal Court Cases 053 (Delhi)*

*Maintenance - Income of husband - Deductions on account of own volition cannot be permitted - Statutory deductions, which are mandated by law and beyond the control of husband can be taken into account. (2025(1) Criminal Court Cases 784 (P&H)*

Bar of O.2.R.2 CPC - Nothing on record to establish what was the cause of action of plaintiff in earlier suit - Earlier suit for injunction - Suit for specific performance not barred U.O.2.R.2 CPC. (2023(2) Civil Court Cases 657 (P&H) 

03/09/2025

Ex*****on - D.H. loosing possession - Ex*****on petition cannot be dismissed by treating decree to be inexecutable - Rather Executing Court has to issue warrant of possession for delivery of possession and if any resistance is offered by any stranger to the decree, same is to be adjudicated upon in accordance with O.21.Rr.97 to 101 CPC. (2023(4) Civil Court Cases 625 (S.C.)

Jurisdiction - Question of jurisdiction has to be determined at the commencement and not at the conclusion of enquiry. (2024(1) Civil Court Cases 578 (S.C.)

Non-bailable warrant - Presence of accused need not be insisted upon during proceedings for recall of NBW. (2024(2) Criminal Court Cases 228 (Telangana)

03/09/2025

Procedure cannot stand in the way of achieving just and fair outcome. (2025(2) Apex Court Judgments 279 (S.C.)

Quashing of proceedings - Matrimonial dispute - Dispute between parties settled by obtaining decree of divorce by mutual consent - Criminal proceedings and order taking cognizance, quashed. (2024(1) Criminal Court Cases 641 (Orissa)

Senior Citizen - Cancellation of transfer deed - Tribunal can order possession to be transferred. (2025(1) Civil Court Cases 595 (S.C.)

09/06/2025

08/09.06.2025
*Consumer complaint - Written statement - Copy of complaint not supplied to appellant - Foreclosing right of appellant to file written statement set aside - Appellant permitted to file written statement. (Lawmirror.com File Number 86346 (S.C.)*

09/09.06.2025
*Criminal Procedure Code, 1973, S.125 - Maintenance to wife - Wife is compelled to live separately - Husband holding post of Sub-Inspector in CISF avails several additional emoluments, allowances and non-monetary benefits by virtue of his official position - Maintenance enhanced from Rs.10,000 to 15,000 pm in favour of wife and from Rs.5,000 p.m to Rs.10,000 to minor son and amount of maintenance directed to be paid by husband from the date of filing of petition. (2025(1) Criminal Court Cases 024 (P&H)*

10/09.06.2025
*Criminal Procedure Code, 1973, S.439 - Bail - Granted only for a period of two months - Accused was in custody since 2022 - Only one witness had been examined so far - There was no good reason for High Court to limit the period of bail - If High Court was of the view that right of accused to have speedy trial could be said to have been infringed, then High Court should have ordered release of accused on bail pending disposal of trial itself - Accused to continue to remain on bail pending further orders by Supreme Court. (2025(1) Criminal Court Cases 224 (S.C.)*

11/09.06.2025
*Dishonour of cheque - Complaint cannot be transferred at the instance of accused. (Lawmirror.com File Number 85448 (S.C.)*

12/09.06.2025
*Dishonour of cheque - Material alteration - Alteration in cheque amount by adding one zero - Act of alteration makes the negotiable instrument void - Accused rightly acquitted. (Lawmirror.com File Number 84663 (Rajasthan)*

13/09.06.2025
*Electricity Act, 2003, S.108 - Directions by State Government - State Government while issuing a policy directive in the exercise of its power u/s 108 of the Act cannot impinge on the adjudicatory discretion which is vested in an authority under the Act. (2025(1) Civil Court Cases 294 (S.C.)*

14/09.06.2025
*Evidence Act, 1872, S.102 - Burden of proof - Suit for possession - In a suit for possession based on title, plaintiffs must establish their ownership. (2025(1) Apex Court Judgments 105 (S.C )

Bar of O.2.R.2 CPC - Nothing on record to establish what was the cause of action of plaintiff in earlier suit - Earlier suit for injunction - Suit for specific performance not barred U.O.2.R.2 CPC. (2023(2) Civil Court Cases 657 (P&H) 

09/06/2025

08/09.06.2025
*Consumer complaint - Written statement - Copy of complaint not supplied to appellant - Foreclosing right of appellant to file written statement set aside - Appellant permitted to file written statement. (Lawmirror.com File Number 86346 (S.C.)*

09/09.06.2025
*Criminal Procedure Code, 1973, S.125 - Maintenance to wife - Wife is compelled to live separately - Husband holding post of Sub-Inspector in CISF avails several additional emoluments, allowances and non-monetary benefits by virtue of his official position - Maintenance enhanced from Rs.10,000 to 15,000 pm in favour of wife and from Rs.5,000 p.m to Rs.10,000 to minor son and amount of maintenance directed to be paid by husband from the date of filing of petition. (2025(1) Criminal Court Cases 024 (P&H)*

10/09.06.2025
*Criminal Procedure Code, 1973, S.439 - Bail - Granted only for a period of two months - Accused was in custody since 2022 - Only one witness had been examined so far - There was no good reason for High Court to limit the period of bail - If High Court was of the view that right of accused to have speedy trial could be said to have been infringed, then High Court should have ordered release of accused on bail pending disposal of trial itself - Accused to continue to remain on bail pending further orders by Supreme Court. (2025(1) Criminal Court Cases 224 (S.C.)*

11/09.06.2025
*Dishonour of cheque - Complaint cannot be transferred at the instance of accused. (Lawmirror.com File Number 85448 (S.C.)*

12/09.06.2025
*Dishonour of cheque - Material alteration - Alteration in cheque amount by adding one zero - Act of alteration makes the negotiable instrument void - Accused rightly acquitted. (Lawmirror.com File Number 84663 (Rajasthan)*

13/09.06.2025
*Electricity Act, 2003, S.108 - Directions by State Government - State Government while issuing a policy directive in the exercise of its power u/s 108 of the Act cannot impinge on the adjudicatory discretion which is vested in an authority under the Act. (2025(1) Civil Court Cases 294 (S.C.)*

14/09.06.2025
*Evidence Act, 1872, S.102 - Burden of proof - Suit for possession - In a suit for possession based on title, plaintiffs must establish their ownership. (2025(1) Apex Court Judgments 105 (S.C.

Bar of O.2.R.2 CPC - Nothing on record to establish what was the cause of action of plaintiff in earlier suit - Earlier suit for injunction - Suit for specific performance not barred U.O.2.R.2 CPC. (2023(2) Civil Court Cases 657 (P&H) 

28/02/2025

*Quashing of FIR - Correctness of the allegations is not to be tested at the stage of considering an application for quashing. (2024(3) Apex Court Judgments 408 (S.C.)*

*R**e - Absence of injuries on the person of prosecutrix - By itself no ground to infer consent on the part of prosecutrix. (2024(3) Apex Court Judgments 277 (S.C.)*

*Pre Conception and Pre-natal Diagnostic Techniques - Search - Appropriate Authority must have reason to believe that an offence under the act has been committed or is being committed - In the instant case, there is no decision of Appropriate Authority - Search is illegal - FIR quashed. (2024(3) Apex Court Judgments 353 (S.C.)*

22/02/2025

*Agreement to sell - Bonafide purchasers - Failure to prove that they entered into sale deed in good faith and without notice of such agreement - Decree for specific performance can be passed against such purchasers - Subsequent purchasers can be directed to execute the sale deed along with original vendor and there is no necessity to pray for cancellation of subsequent sale deeds. (2024(3) Apex Court Judgments 502 (S.C.)*

22/02/2025

*Agreement to sell - Additional sum above the earnest money also paid on the same day - It shows the readiness and willingness of plaintiff to perform the contract. (2024(3) Apex Court Judgments 324 (S.C.)*

22/02/2025

*Pleadings - Fact which is not specifically pleaded cannot be proved by evidence, as evidence cannot travel beyond pleadings. (2024(3) Apex Court Judgments 167 (S.C.)*

19/11/2024

*IMPORTANT DECISIONS - CIVIL*

*Rejection of plaint - Inconsistent averments in plaint - Not sufficient to come to conclusion that cause of action is not disclosed in plaint. (2023(2) Civil Court Cases 551 (S.C.)*

*Release deed or conveyance deed - Surrender of right in favour of a co-owner in a joint property would be a release whereas a surrender of right in favour of a third party, having no right in the property which is surrendered then such surrender will be a conveyance - Enlargement of an existing right in an unpartitioned property of a family member at the end of a co-sharer, is not a conveyance and so does not require registration as such. (Registration Act, 1908, S.17) (2023(2) Civil Court Cases 416 (Allahabad)*

*Sale with a condition to repurchase - Right to purchase is not personal unless terms in document specifically state so - No implied prohibition of transfer or assignment can be inferred in a document. (2023(3) Civil Court Cases 775 (S.C.)

18/11/2024

I had the honour of judging the inter college Moot Court competition held at Ishaan Law college Greater Noida ...