Mahesh Chandra Sharma Adv

27/05/2026

*Party as his own witness - Appearance at a later stage - Nothing mentioned as to which witnesses are to be examined before a party appears as his own witness and reasons also missing why these witnesses are to be examined before the party - Application rightly dismissed. (2026(1) Civil Court Cases 457 (P&H)*

*Rebuttal evidence - In the garb of rebuttal evidence plaintiff cannot reopen his affirmative evidence. (2026(1) Civil Court Cases 446 (P&H)*

*Rejection of plaint - Rejection of earlier suit U.O.7.R.11 CPC does not bar fresh suit on the same cause of action provided right of action is not barred by law of limitation. (2025(4) Apex Court Judgments 166 (S.C.)*

*Service - Pensionary benefits - Failure to vacate Government allotted accommodation cannot be a reason to withhold pensionary benefits, as both are entirely separate and distinct aspects. (2025(4) Apex Court Judgments 155 (S.C.)*

*Auction sale - Mere registration of a deed, if procured in consequence of a sale which was void, cannot retroactively confer validity on proceedings which were statutorily defective ab initio. (2026(1) Civil Court Cases 356 (Rajasthan)*

*Surety bond - Show cause notice is essential before forfeiting surety bond. (2025(4) Criminal Court Cases 375 (H.P.)

21/05/2026

*Adverse possession - One who holds possession on behalf of another, does not by mere denial of other's title, make his possession adverse so as to give himself the benefit of statute of limitation. (2026(1) Civil Court Cases 449 (Madras)*

*Impleadment of a party - Even in an application U.O.1.R.10 CPC for addition of a party, O.6.R.17 CPC is required to be followed for the purpose of consequential amendment(s). (2026(1) Civil Court Cases 371 (A.P.)*

*Civil Court Cases - Reporting civil judgements of Supreme Court and all the High Courts of India. Published regularly since 1987. Bound volume 2026(1) available.

*Service - Pensionary benefits - Failure to vacate Government allotted accommodation cannot be a reason to withhold pensionary benefits, as both are entirely separate and distinct aspects. (2025(4) Apex Court Judgments 155 (S.C.)*

12/05/2026

*Court order - Expunging of adverse remarks and waiving of cost imposed - Court indicated its mind and requested counsel to refrain from further submission - Continued insistence thereafter, especially after Court expressed its inclination, serves no purpose and affects decorum of proceedings - Applicant tendered an unconditional and bona fide apology - Adverse remarks and cost imposed deleted. (2025(4) Apex Court Judgments 235 (S.C.)*

*Cruelty - Allegations against father-in-law, mother-in-law and sister-in-law vague without any particulars - There are other omnibus statements made in complaint without any particulars whatsoever - Vague and general allegations cannot lead to forming of a prima facie case - No case u/s 498-A IPC made out against appellants - Proceedings quashed. (2025(4) Criminal Court Cases 609 (S.C.)*
[: *Dishonour of cheque - Time barred debt - Liability u/s 138 of NI Act squarely arises. (2025(4) Criminal Court Cases 258 (Rajasthan)*

*Grounds of arrest - Not communicated to accused in writing - Accused be released on bail. (2025(4) Criminal Court Cases 136 (Uttarakhand)*

*Issues - There is no necessity to frame an issue, when parties are not at dispute on a particular fact or law - At times, despite pleadings when a specific issue is not framed, but when both parties to lis have let in evidence and rendered their arguments on a point, decision on which is intrinsically connected to main issue, then Court is bound to render a finding on point of dispute before deciding connected issue one way or another. (2025(4) Apex Court Judgments 718 (S.C.)*

11/05/2026

*Examination of power of attorney holder on behalf of a party - Testimony of power of attorney holder is inadmissible with regard to the facts within personal knowledge of plaintiff who has failed to enter the witness box. (2026(1) Civil Court Cases 280 (S.C.)*

*Mutation - Does not confer title - Question of title of a property can only be decided by a competent Civil court. (2026(1) Civil Court Cases 423 (Allahabad)*

09/05/2026

*lEx parte ad interim injunction without notice to the opposite party - Court should record its reasons - An obligation is cast on the applicant to comply with requirements of clause (a) and (b) of the proviso -
Both the provisions are mandatory. (2025(4) Apex Court Judgments 129 (S.C.)

01/05/2026

Allotment of land by Govt. - No specific purpose of allotment mentioned - Since allotment was in favour of Trust as such allotment could be used for a charitable purpose only. (2026(1) Civil Court Cases 518 (S.C.)*

Decree of specific performance - Assignment - Does not require registration as such decree does not create or purport to create any right, title or interest in any immovable property. (2026(1) Civil Court Cases 535 (S.C.)*

Decree passed in a suit for specific performance - Does not give any right or title to the decree holder - Right and title passes only on ex*****on of sale deed. (2026(1) Civil Court Cases 535 (S.C.)*

18/04/2026

Long possession will not create any ownership right in favour of petitioner. (2026(1) Civil Court Cases 300 (Gujarat)..
Rejection of plaint - Where several reliefs are sought in suit, if any one of reliefs is within the period of limitation, plaint cannot be rejected as barred by law by taking recourse to O.7.R.11 CPC. (2025(4) Apex Court Judgments 484 (S.C.)

04/04/2026

*Rejection of plaint - Order rejecting plaint decided lis finally and would tantamount to a decree. (2026(1) Civil Court Cases 018 (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)