29/04/2019
*DAILY LEGAL UPDATES -
*(27.04.2019)*
Agreement to sell - Specific performance - Defendant cannot be allowed to take undue advantage of his wrongs. (Bombay) File Number 57767
Contraband - No evidence that recovered substance was kept at Malkhana though was sealed but same was conveyed in safe and intact position from Malkhana upto Court - No witness produced regarding safe custody - Accused acquitted. (Allahabad) File Number 57868
Criminal trial - Accused known earlier but not named in police statement - No allegation that his face was covered - Naming accused subsequently in Court statement for the first time - It is a material omission - Accused acquitted on ground of benefit of doubt. (S.C.) File Number 57252
Dishonour of cheque - It is not necessary that entire cheque has to be filled by accused to raise the presumption - It is sufficient that cheque is signed by accused. (Bombay) File Number 57227
Recall of witnesses - R**e - Prosecutrix and her family resiled from their complaint on promise of marriage with accused - Accused did not turn up on wedding day - Application for recall of witnesses allowed. (P&H) File Number 57858
Rejection of plaint - Partial rejection of plaint - Not permissible. (Calcutta) File Number 58113
Striking off defence - Tenant paid rent even though a little late - Defence should normally not be struck off at a very belated stage when evidence was led after exchange of pleadings - Order striking of defence of tenant set aside. (Allahabad)
