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26/02/2021

DAILY LEGAL UPDATES

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25.02.2021

Cheating - Criminal breach of trust - Offence by company - When company is offender, vicarious liability of directors cannot be imputed automatically, in absence of any statutory provision to that effect. (Kerala) LawMirror.com File Number 68362

Direction to register FIR - S.195 Cr.P.C has no application to control power of Magistrate to entertain an application u/s 156(3) Cr.P.C as S.195 Cr.P.C will only be attracted when Magistrate proceed to take cognizance u/s 190 Cr.P.C. (Allahabad) LawMirror.com File Number 64345

Domestic Violence - Transfer of proceedings to Family Court where divorce proceedings are pending - Transfer petition allowed. (Bombay) LawMirror.com File Number 64275

Power of attorney holder - Examined as a witness - Right of principal to enter witness box is not lost as power of attorney holder cannot be permitted to depose on behalf of the principal for the acts done by the principal. (M.P.) LawMirror.com File Number 64559

Statement of complainant not worth credence - No weightage can be given to statement of other PWs. (P&H) LawMirror.com File Number 65916

02/02/2021

DAILY LEGAL UPDATES

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02.02.2021

Cheating - Compromise - Proceedings quashed. (Allahabad) LawMirror.com File Number 64604

Discharge - Rejection of application - Court to state reasons. (Karnataka) LawMirror.com File Number 64311

Ex*****on - Third party objections - Petitioners remained unsuccessful in an application U.O.1.R.10 CPC - Once order rejecting application U.O.1.R.10 CPC is accepted by petitioners they cannot resist ex*****on in question in any manner. (P&H) LawMirror.com File Number 64557

Possession - Revenue entries in favour of dead person are stray entries and plaintiff cannot be permitted to take any help of those stray revenue entries. (P&H) LawMirror.com File Number 68042

Summoning of witnesses - Application can be filed at any stage of trial even after final arguments but before pronouncement of judgment. (P&H) LawMirror.com File Number 65961

29/01/2021

DAILY LEGAL UPDATES

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29.01.2021

Agreement to sell - Oral - Two companies - Normally when two companies want to enter into an agreement for sale and purchase of land, they must enter into a written agreement, but not by way of an oral agreement. (Telangana) LawMirror.com File Number 68074

Dishonour of cheque - Demand notice - Mistake of cheque number in notice does not make the notice defective or invalid. (Kerala) LawMirror.com File Number 68006

Maintenance pendente lite - Can be granted only when wife has no independent income sufficient for her support. (Calcutta) LawMirror.com File Number 68086

Rent and eviction - Reconstruction of building - Obtaining of license, approved plan will arise after vacating all tenants. (Karnataka) LawMirror.com File Number 68000

Temporary injunction - Restraint order cannot be passed against a person who is not party to the litigation. (Rajasthan) LawMirror.com File Number 65874

27/01/2021

DAILY LEGAL UPDATES

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27.01.2021

Abetment of su***de - Use of abusive language alone without any mens rea does not amount to abetment of su***de. (P&H) LawMirror.com File Number 64324

Cruelty - Jurisdiction - Appellant living in Delhi - Place of occurrence as per FIR was Meerut - Court at the place where wife resides after leaving matrimonial home has jurisdiction to entertain the complaint - Case ordered to be transferred to Court at Delhi. (S.C.) LawMirror.com File Number 64629

Divorce - Cruelty - It is impractical to insist on adduction of independent oral evidence - Courts have to proceed with inquiry into the truth of allegations confined to the sole testimonies of the spouses before them, rather than rejecting them as being interested. (Kerala) LawMirror.com File Number 68001

Maintenance pendente lite - Marriage declared null and void - Appeal by wife - Claim of wife for maintenance pendente lite is maintainable in such an appeal. (Orissa) LawMirror.com File Number 68065

Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm does not arise if other remedies are available to the party complaining of the breach. (S.C.) LawMirror.com File Number 64564

22/01/2021

DAILY LEGAL UPDATES

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22.01.2021

Criminal trial - Inconsistency between dying declaration, medico-legal report and post mortem report - Cross examination of doctor exposits contradictions as to whether injury in question was sufficient to cause death in normal course of nature - Benefit of doubt of ambiguity and contradictions must go to appellant. (S.C.) LawMirror.com File Number 64349

Dishonour of cheque - Two cheques - Cheque Dated 30.06.2006 bears the number 371798 whereas second cheque dated 25.07.2006 bears the number 371797 - Accused admitted in the reply notice of issuance of two cheques - Complainant cannot be attributed any role in the drawing and issuance of said cheques. (Madras) LawMirror.com File Number 68045

Insurance claim - Theft of motor vehicle - FIR lodged immediately - Delay in intimating to Insurance company - Mere delay in intimating insurance company about theft cannot be a ground to deny the claim of insured. (S.C.) LawMirror.com File Number 64651

Public document - Report of bailiff on summons - Not public document. (Bombay) LawMirror.com File Number 69479

Statement u/s 161 Cr.P.C. as dying declaration - Condition of injured was serious - Blood pressure was not recordable - Without getting opinion of doctor that patient was in a fit condition for making statement his statement should not have been recorded - Dying declaration does not meet the test of a verifiable dying declaration. (S.C.) LawMirror.com File Number 64313

21/01/2021

DAILY LEGAL UPDATES

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21.01.2021

Criminal trial — Stages identified for completion of commission of occurrence :- (i) intention to commit; (ii) preparation to commit; (iii) attempt to commit; (iv) attempt being successful, then completion of the offence. (Patna) LawMirror.com File Number 67504

Dishonour of cheque - Payee or holder in due course has an additional remedy under civil law in addition to remedy under Criminal law - Both can be invoked simultaneously. (Bombay) LawMirror.com File Number 64632

FIR u/s 188 IPC - Complaint in writing not as per S.195 Cr.P.C. - FIR quashed. (P&H) LawMirror.com File Number 64304

Party as his own witness - To be examined before examination of other witnesses unless Court for reasons to be recorded, permits him to appear as his own witness at a later stage. (A.P.) LawMirror.com File Number 69529

Specific performance - It is not necessary for plaintiff to produce ready money, but it is mandatory on his part to prove that he has means to generate consideration amount. (S.C.) LawMirror.com File Number 68102

20/01/2021

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20.01.2021

Criminal trespass - Unauthorized construction on property owned and possessed by accused - Offence u/s 447 IPC is not made out. (Allahabad) LawMirror.com File Number 68411

Dishonour of cheque - Notice - Issued beyond 30 days from the date of return memo - Complaint is not maintainable. (Delhi) LawMirror.com File Number 68047

Ex parte order - Defendant not precluded from participating in remaining proceedings to be held on subsequent dates. (Allahabad) LawMirror.com File Number 69503

Senior citizen - Appeal at the instance of wife of senior citizen who too is senior citizen is maintainable. (Rajasthan) LawMirror.com File Number 65845

Unjust enrichment - Occurs when a person retains money or benefits which in justice, equity and good conscience belong to someone else. (H.P.) LawMirror.com File Number 64266

19/01/2021

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19.01.2021

Cr.P.C.,S.125 - Alteration or review of maintenance order - Magistrate does not become functuous officio after passing an order u/s 125 Cr.P.C. (S.C.) LawMirror.com File Number 67975

Dishonour of cheque - Loan transaction - Source of income - Non production of document with regard to source of income to advance loan - Not a ground to dismiss complaint. (Karnataka) LawMirror.com File Number 68022

Ex parte decree - Defendant was duly served - Limitation to set aside ex parte decree starts to run from the date of order and not from the date of knowledge of such order. (H.P.) LawMirror.com File Number 69579

Revenue record - Disputed title - Civil Court has authority to deal with question as to whether entries in record of rights were correctly made or not. (Calcutta) LawMirror.com File Number 69600

Unauthorised occupant - Once Court find an occupant a trespasser, he has to vacate the premises voluntarily, after adjudication is entered by court - Upon failure to do so, said person is liable to be evicted by ex*****on of the judgment and decree - No fresh suit for any further adjudication is necessary. (Allahabad) LawMirror.com File Number 65864

18/01/2021

DAILY LEGAL UPDATES

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18.01.2021

Affidavit - Putting any restriction on exercise of legal right of the person is illegal and not binding. (Patna) LawMirror.com File Number 64280

Dishonour of cheque - Procedure for investigation of offence is not contemplated. (Madras) LawMirror.com File Number 68093

Ex*****on - Setting aside ex parte order passed in ex*****on petition - Application has to be filed within 30 days from the date of order and not from the date of knowledge. (Madras) LawMirror.com File Number 65847

Mutation - Registered Will affirmed by civil Court - Mutation has to be sanctioned in accordance with the judgment and order of civil Court. (Allahabad) LawMirror.com File Number 68036

Will - Ex*****on - It is incumbent on attesting witness while appearing in Court and tendering his affidavit by way of examination-in-chief in evidence, identify the signature of the executant and signatures of himself and other witnesses on the document, without which a document as Will is not proved. (Delhi) LawMirror.com File Number 69583

16/01/2021

DAILY LEGAL UPDATES

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16.01.2021

Counter claim - Defendant can set up a counter claim even in a partition suit either against plaintiff or other defendants. (Madras) LawMirror.com File Number 65866

Dishonour of cheque - Hand loan of Rs.75,000/- - Accused known to complainant for more than five years - Failure to obtain promissory note or nay other document at the time of giving loan not fatal. (Madras) LawMirror.com File Number 69473

Domestic violence - Relatives of husband - No specific allegations as to how relatives of husband have caused acts of domestic violence - Criminal case of domestic violence against them quashed. (S.C.) LawMirror.com File Number 64639

Mandatory injunction - Two elements required are : (i) necessity to prevent breach of an obligation (ii) such acts should be capable of enforcement by court - Another crucial ingredient is that it should be `amenable for exercise of judicial discretion'. (Kerala) LawMirror.com File Number 64236

Summoning of an accused - A serious matter - Court at the stage of summoning to analyze evidence produced with due application of mind. (P&H) LawMirror.com File Number 65922

15/01/2021

DAILY LEGAL UPDATES

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15.01.2021

Agreement to sell - Dominion of property not entrusted to buyer - Property neither of some other person nor accused was holding such property on trust for other person - Non ex*****on of sale deed or non-refund of earnest money - Does not amount to criminal breach of trust. (Allahabad) LawMirror.com File Number 68388

Dishonour of cheque - Notice sent by Registered post - There is deemed service of notice provided it is proved to be dispatched to correct address of noticee - Actual receipt of notice by drawer of cheque need not be proved. (Kerala) LawMirror.com File Number 69488

Ex parte decree - Appeal against - Defendant cannot be deprived of the statutory remedy of appeal merely on the ground that application to set aside ex parte decree was earlier dismissed. (S.C.) LawMirror.com File Number 64579

Rent & Eviction - When eviction is sought on ground of sub letting, onus to prove sub letting is on landlord. (S.C.) LawMirror.com File Number 65894

Summons - Denial of service of summons - Bailiff has to be examined to prove existence of fact of service of summons. (Bombay) LawMirror.com File Number 69479

11/01/2021

DAILY LEGAL UPDATES

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11.01.2021

Cr.P.C., S.125 - Amendment of petition - There is no specific bar that provision of O.6.R.17 CPC is not applicable in case u/s 125 Cr.P.C. (M.P.) LawMirror.com File Number 67968

Dishonour of cheque - Deposit of amount, in complainants account, after issuance of cheque and notice - Firstly to be adjusted towards the payment of cheque amount. (P&H) LawMirror.com File Number 67951

Divorce by mutual consent - Cooling period of 6 months is not mandatory, thus waived. (Rajasthan) LawMirror.com File Number 64265

Quashing of complaint - Complaint shows that appellant had incorporated ingredients necessary for prosecuting the respondents for the offences alleged - Order quashing complaint, set aside. (S.C.) LawMirror.com File Number 64326

Will - Page Nos.2 & 4 not signed by testator whereas he signed other pages - Will is surrounded by suspicious circumstance - Will could be rejected outrightly on this reason alone. (S.C.) LawMirror.com File Number 69486

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