DAILY Legal News Judgements

DAILY LEGAL UPDATES –
(02.08.2019)
Bar u/s 195 Cr.P.C - Cognizance of offence - Offence u/ss 188, 34 IPC - Compliant filed by
Enforcement Officer being Government servant is valid, as Government Official on duty has
every right to file a complaint if he finds any order of Court, Tribunal or District Administration
is violated. (Meghalaya) LawMirror.com File Number 57485
Dishonour of cheque - Compensation - Granted with interest calculated at 9% from the date of
issuance of cheque till date of judgment - Said compensation to further carry interest @ 9% per
annum from the date of judgment of trial Court till actual payment is made. (M.P.)
LawMirror.com File Number 58322
FIR - Merely because FIR contains inquest number, it cannot be said that FIR was registered
subsequent to inquest. (S.C.) LawMirror.com File Number 58310
Rape - Consent - False promise to marry - Merely because accused is now married and/or even
that prosecutrix has subsequently married - Not a ground not to convict accused. (S.C.)
Rejection of plaint - Fraud - Plaint bereft of ingredients of fraud - Plaint cannot be rejected when
suit is not filed only on the ground of fraud. (T&A) LawMirror.com File Number 57460
Suit for declaration simplicitor - Suit is maintainable when plaintiff is in possession of suit
property. (P&H) LawMirror.com File Number 56050
(03.08.2019)
Alteration of charge - Waiver of right to further examine any witness - Does not impair or affect
the right of defence to seek further cross examination of any witness. (Allahabad)
Dishonour of cheque - Compensation - Granted with interest calculated at 9% from the date of
issuance of cheque till date of judgment - Said compensation to further carry interest @ 9% per
annum from the date of judgment of trial Court till actual payment is made. (M.P.)
FIR - Merely because FIR contains inquest number, it cannot be said that FIR was registered
subsequent to inquest. (S.C.) LawMirror.com File Number 58310
Permission to go abroad - Under the garb of pendency of FIR, movements of petitioner who is a
businessman, should not be curtailed/restricted when investigation is pending since long. (P&H)
Service jurisprudence - Term temporary, ad hoc and contractual appointments are used in
contradiction to regular and permanent appointment - But term ad hoc and contractual
appointment cannot be interchangeably used. (S.C.) LawMirror.com File Number 57495
Withdrawal of suit - Expression “sufficient grounds” in O.23.R.1(3)(b) cannot be restricted to

defects of a formal character - Words are wide enough to take within its sweep other defects as
well. (Orissa) LawMirror.com File Number 58238
(05.08.2019)
Adverse possession - Hostile animus is sufficient - It is not necessary that true owner must be
identified and specifically put on notice. (Kerala) LawMirror.com File Number 58287
Dishonour of cheque - Death of complainant during pendency of complaint - Legal

representatives of complainant can be substituted as complainant. (P&H) LawMirror.com File
Number 58320
Lok Adalat - Order passed not amounting to decree - When award cannot be treated as an
executable decree, it cannot take the character of an ‘award’ passed under the Act. (Kerala) (FB)
Rape - Consent - False promise to marry - Merely because accused is now married and/or even
that prosecutrix has subsequently married - Not a ground not to convict accused. (S.C.)
Role of Public prosecutor - Duty is cast on Public Prosecutor to act with responsibility - Public
Prosecutor is expected to act as an independent person and not to be totally guided by
instructions of Government but is required to assist the Court. (S.C.) LawMirror.com File
Number 57520
Violation of S.15(2) of the Immoral Traffic (Prevention) Act, 1956 - Does not vitiate
proceedings as it will be in realm of appreciation of evidence in each and every case. (Rajasthan)
(06.08.2019)
Bail - Gravity alone not decisive ground to deny bail - Rather competing factors are required to
be balanced by Court while exercising its discretion. (H.P.) LawMirror.com File Number 58565
Dishonour of cheque - Amendment of complaint to make correction in the cause title of

complaint - Allowed. (Rajasthan) LawMirror.com File Number 58520
Family settlement - Civil Court decree acknowledging family settlement - Does not require
registraton, as it is normal for Hindu family to adjust the shares and divide the property through
an oral family settlement. (P&H) LawMirror.com File Number 57420
Maintenance u/s 125 Cr.P.C. - Petition can be filed at the place where husband is residing or
where wife is residing. (Delhi) LawMirror.com File Number 58528
Seizure of property - Police has no power to seal immovable property u/s 102 Cr.P.C.
(Chhattisgarh) LawMirror.com File Number 58557
Senior Citizens - Property of father-in-law - Assumption that it is necessary for a senior citizen to
claim maintenance for seeking protection of the Act or Rules made there under is erroneous.
(Delhi) LawMirror.com File Number 58269
Transfer of divorce petition - Husband willing to bear travel expenses - Husband liable to pay
Rs.600/- for every visit which wife may make to attend the hearing. (P&H) LawMirror.com File
Number 58276
(08.08.2019)
Additional issue - Fact pleaded in plaint but not specifically denied - Application to frame
additional issue rightly dismissed. (H.P.) LawMirror.com File Number 58280
Dishonour of cheque - Source of loan - No adverse inference can be drawn in this regard only
because of absence of Income Tax Return. (M.P.) LawMirror.com File Number 58322
Dying declaration - Fit state of mind to make statement - Endorsement made by doctor after
recording statement - Normally it should be the other way round. (S.C.) LawMirror.com File
Number 58532
Maintenance u/s 125 Cr.P.C. - Ex parte order set aside subject to payment of Rs.10,000/- as costs
and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision
of proceedings - Order upheld. (Allahabad) LawMirror.com File Number 58327
Second petition u/s 482 Cr.P.C. based on subsequent developments - Second petition is
maintainable. (Allahabad) LawMirror.com File Number 58567
Title - Proof - Lay out plans not evidence of title of property. (P&H) LawMirror.com File
Number 58256
(09.08.2019)
Accused lodged in jail - Dialogue in between accused lodged in jail and Advocate appointed by
Supreme Court Legal Services Committee - All Legal Services Authorities/Committees in every
State to extend the facility of video conferencing between Counsel and accused. (S.C.)
Cancellation of bail - Offence u/ss 313, 376 IPC - Bail granted solely on the plea of community
service - Granting of bail on said plea is completely unwarranted - Bail order quashed. (Delhi)
De-exhibiting of document - There is no provision for de-exhibiting a document. (P&H)

Dishonour of cheque - There is no embargo for holder of cheque to fill up its body in case blank
cheque is handed over. (P&H) LawMirror.com File Number 58307
Drug - Re-analysis of sample - Drug sample expired by the time petitioners were summoned in
Court - Petitioners lost their right to get sample re-analyzed from Central Drug Laboratory -
Valuable right of petitioners lost and prejudice is caused to them - Proceedings quashed.
(Rajasthan) LawMirror.com File Number 57521
Harassment for demand of dowry - Allegation against sister of husband as well as her husband -
No particulars about date, month or detail of said demand mentioned - Sister (Nanad) and her
husband (Nandoi) discharged - Order upheld. (Delhi) LawMirror.com File Number 58544
Summoning of lawyer of opposite party - To disprove the mediation agreement - Allowed.

(Kerala) LawMirror.com File Number 58277
(10.08.2019)
Appointment of Local Commissioner - Order u/s 151, or U.O.39.R.7 CPC is a matter of trial
Court’s discretion to be exercised in respect of facts of which it seeks information. (Rajasthan)
Dishonour of cheque - Cheque issued as earnest money under agreement to sell - Agreement
stood frustrated - It cannot be said that there was subsisting liability - Complaint quashed. (P&H)
Divorce - Mutual cruelty - Wife alleges adultery against husband and vice versa - Neither of
them able to prove it - It is thus, a case of mutual cruelty. (Rajasthan) LawMirror.com File
Number 57402
Partition of property - Applicability of S.8 of the Act - Partition of property is only a division
between co-owners - S.8 of the TPA thus, have no application. (P&H) LawMirror.com File
Number 57379
Power of attorney - Property situated outside jurisdiction of concerned Sub Registrar - Principal
can register a power of attorney at a place where he resides. (Delhi) LawMirror.com File
Number 58282
Temporary injunction - Suit for specific performance - Agreement gives impression that it is
transcribed on a signed stamp paper - No proof as to plaintiff’s possession - Injunction declined.
(16.08.2019)
Complainant himself submitted written application showing non-involvement of petitioner in

commission of offence - No sufficient ground for proceeding against accused exists - Charge u/s
306 IPC quashed qua petitioner. (Rajasthan) LawMirror.com File Number 57350
Dishonour of cheque - Offence cannot be allowed to be compounded without consent of

complainant. (P&H) LawMirror.com File Number 58159
Divorce - Mutual cruelty - Wife alleges adultery against husband and vice versa - Neither of
them able to prove it - It is thus, a case of mutual cruelty. (Rajasthan) LawMirror.com File
Number 57402
Exhibition of document - Mere exhibition of document do not dispense with its proof -
Demarcation report, even if exhibited, same could not be taken into consideration for having not
been proved. (P&H) LawMirror.com File Number 57334
Rejection of plaint - Cause of action - Pre mature suit - Presupposes non accruing of cause of
action on date of filing of suit - Pre mature suit is liable to be dismissed in limine. (T&A)
Suicide or victim set on fire - Mangalsutra, a nathi (nose ring) some glass bangles and peinjan
(an ornament worn on foot) were found below the pillow in the room - Defence version that
deceased took off all these ornaments and then went to the kitchen and committed suicide cannot
be totally ruled out. (S.C.) LawMirror.com File Number 58532
(17.08.2019)
Cancellation of bail - Offence u/ss 313, 376 IPC - Bail granted solely on the plea of community
service - Granting of bail on said plea is completely unwarranted - Bail order quashed. (Delhi)
Divorce and permanent alimony - Single petition for such two reliefs can be filed. (Madras)
Drug - Re-analysis of sample - Drug sample expired by the time petitioners were summoned in
Court - Petitioners lost their right to get sample re-analyzed from Central Drug Laboratory -
Valuable right of petitioners lost and prejudice is caused to them - Proceedings quashed.
Enquiry u/s 202(1) Cr.P.C. - Magistrate can issue process without holding enquiry u/s 202(1) in a
case which is based on documentary evidence and in a case where accused is related to
complainant. (Allahabad) LawMirror.com File Number 58303
Murder of father by son - Non recovery of chance prints from Fawra (weapon of offence) pales
into insignificance, since FSL report established that blood stains on the trousers worn by
accused matched blood group of deceased. (Delhi) (DB) LawMirror.com File Number 57400
Specific performance - Plaintiff failure to prove his presence before office of Sub Registrar on
stipulated date - Suit dismissed. (P&H) LawMirror.com File Number 58254
(19.08.2019)
Cognizance of offence - Where Magistrate decided to proceed under Chapter XV Cr.P.C, it is not
obligatory on part of Magistrate to give reasons to differ with report of I.O. (Rajasthan)
Disclosing identity of victim - Offence u/s 228-A IPC - Victim herself having no objection in
quashing proceedings - Proceedings quashed. (Kerala) LawMirror.com File Number 58577
Execution - Earned leave encashment amount - Not stipend or gratuity - Earned Leave
Encashment can be attached. (T&A) LawMirror.com File Number 58261
Onus to proof - Criminal trial - Onus of proof is on prosecution to establish each ingredient
beyond reasonable doubt. (P&H) LawMirror.com File Number 57448
Sale deed - Cancellation - Sub Registrar to reject and refuse to register a deed of cancellation of
sale unilaterally executed. (Kerala) LawMirror.com File Number 58266
Signatures - One disputed document cannot be used for comparison of signatures with another
disputed signatures. (H.P.) LawMirror.com File Number 58262
(21.08.2019)
Accused lodged in jail - Dialogue in between accused lodged in jail and Advocate appointed by
Supreme Court Legal Services Committee - All Legal Services Authorities/Committees in every
State to extend the facility of video conferencing between Counsel and accused. (S.C.)
Cross examination - To put question in writing and answering those questions in writing -
Plaintiff not a handicapped or disable person - Application dismissed. (Bombay) LawMirror.com
File Number 58248
Death of a party- Period of 90 days commence from date when pleader informs Court regarding
death of his client. (Rajasthan) LawMirror.com File Number 57361
Family Court - Jurisdiction - If cause of action is emerging out of any circumstances related to
matrimonial relationship and the same could not have existed independently, then suit can be
maintained before Family Court - It is not necessary that parties to suit or proceeding under that
clause, shall be parties to marriage. (Kerala) LawMirror.com File Number 58286
Quashing of final report - Final report that a prima facie case is made out - High Court quashed
the final report without observing anything on merits of Final Report - High Court clearly erred.
(S.C.) LawMirror.com File Number 58561
Right of private defence - It need not be specifically raised - Plea of private defence has to be
gathered from surrounding and extenuating circumstances. (Bombay) LawMirror.com File
Number 58330
Service jurisprudence - Term temporary, ad hoc and contractual appointments are used in
contradiction to regular and permanent appointment - But term ad hoc and contractual
appointment cannot be interchangeably used. (S.C.) LawMirror.com File Number 57495
(22.08.2019)
Compromise decree - Decree recognising pre-existing rights of parties in an immovable property

is not required to be registered. (Allahabad) LawMirror.com File Number 58293
Dishonour of cheque - Source of loan - No adverse inference can be drawn in this regard only
because of absence of Income Tax Return. (M.P.) LawMirror.com File Number 58322
Divorce - Cruelty - Petition by husband - False allegations of dowry demand resulting in

prosecution of husband and his family members - Amounts to cruelty - Decree of divorce rightly
granted to husband. (Rajasthan) (DB) LawMirror.com File Number 57447
Offence u/s 295-A IPC - Merely expressing of unpopular view - Not punishable under criminal
law, unless it is proved that accused has done it in malafide manner. (P&H) LawMirror.com File
Number 58570
Second appeal - Interpretation of any terms and conditions of a document such as agreement to
sell constitutes substantial question of law. (S.C.) LawMirror.com File Number 58290
Senior citizen - Scope - Dispute arising out of special relationship and status cannot be decided
by Tribunal even if party approaching Tribunal is a senior citizen. (Kerala) LawMirror.com File
Number 57409
(27.08.2019)
Criminal Proceedings - Mentioning of caste/status separately in criminal proceedings - Amounts

to colonial legacy and requires to be stopped forthwith. (P&H) LawMirror.com File Number
58563
Dismissal of revision - There is no bar u/s 397(3) Cr.P.C. to exercise inherent jurisdiction u/s 482
Cr.P.C even if criminal revision is dismissed. (Orissa) LawMirror.com File Number 57519
Dying declaration - Fit state of mind to make statement - Endorsement made by doctor after
recording statement - Normally it should be the other way round. (S.C.) LawMirror.com File
Number 58532
Maintenance - Both parties gave up their rights to claim maintenance against each other in a
consent decree - Same does not bar maintainability of an application u/s 125 Cr.P.C. (Bombay)
Rejection of plaint - Plaint which raises legally tenable and arguable points should not be
rejected. (Allahabad) LawMirror.com File Number 58259
Senior Citizens - Property of father-in-law - Assumption that it is necessary for a senior citizen to
claim maintenance for seeking protection of the Act or Rules made there under is erroneous.
(28.08.2019)
Conversion of arrest warrants into bailable warrants - Where accused is summoned in a final
report submitted in negative form, arrest warrants should not be issued at first instance - Arrest
warrants against accused converted as bailable warrants. (Rajasthan) LawMirror.com File
Number 57473
Divorce by mutual consent - Petition filed by respective attorneys of parties - Parties directed to
be present in person at the time of second motion - Order upheld as (a) Special attorneys not
close relations such as parents or siblings; (b) not the case that husband and wife are unable to
appear in Court; (c) not the case that parties are unable to be present in India; (d) Court not to act
mechanically on the basis of petitions filed by attorneys. (Delhi) LawMirror.com File Number
58239
Family settlement - Civil Court decree acknowledging family settlement - Does not require
registraton, as it is normal for Hindu family to adjust the shares and divide the property through
an oral family settlement. (P&H) LawMirror.com File Number 57420
Power of attorney - Property situated outside jurisdiction of concerned Sub Registrar - Principal
can register a power of attorney at a place where he resides. (Delhi) LawMirror.com File
Number 58282
Second petition u/s 482 Cr.P.C. based on subsequent developments - Second petition is
maintainable. (Allahabad) LawMirror.com File Number 58567
Seizure of property - Police has no power to seal immovable property u/s 102 Cr.P.C.
(Chhattisgarh) LawMirror.com File Number 58557
(30.08.2019)
Application u/s 231(2) Cr.P.C - While deciding an application u/s 231(2) Cr.P.C., a balance must
be struck between rights of accused and prerogative of prosecution to lead evidence. (S.C.)
Co-sharer - Partial partition - Suit for partial partition in absence of other co-sharers is not
warranted in law. (T&A) LawMirror.com File Number 58657
Interim maintenance to wife - Non-providing of sustenance amount for period of more than 7
years - Ipso facto indicates negligence on part of husband. (Delhi) LawMirror.com File Number
57968
Prevention of Money Laundering - Bench under Adjudicating Authority - Not only connote
plurality but also includes single member benches. (Delhi) (DB) LawMirror.com File Number
58653
Second appeal - Report of local commissioner - Re-appreciation - Not permissible unless report
is perverse or against preliminary decree. (Orissa) LawMirror.com File Number 57971
Untoward incident - Where victim is entitled to compensation said incident will not fall under
proviso to S.124-A of the Act merely on plea of negligence of victim as contributing factor.
(02.09.2019)
Additional evidence - After closure of a lis - Not permissible. (Calcutta) LawMirror.com File
Number 58612
Cheating - Wrong facts in nomination paper of election to escape disqualification pertaining to

third child - Cannot be considered to constitute offence of cheating. (Rajasthan) LawMirror.com
File Number 57930
Domestic violence - Not only physical abuse or sexual abuse, but even economic abuse is
covered within the term "Domestic Violence". (Bombay) LawMirror.com File Number 57501
Impounding of passport - Pendency of criminal case - Does not automatically result in

impounding of passport. (Allahabad) (DB) LawMirror.com File Number 57985
Maintenance to wife - Strict proof of marriage in proceeding u/s 125 Cr.P.C is not a condition
precedent for awarding any relief under the said provision. (Gauhati) LawMirror.com File
Number 58634
Untoward incident - Self-inflicted injury - Concept of self-inflicted injury require intention to
inflict such injury and not mere negligence of any particular degree. (S.C.) LawMirror.com File
Number 58629
(03.09.2019)
Alternative charge - A person cannot be convicted both u/s 302 as well as 304-B IPC - If charge
u/s 304-B IPC fails, Court can proceed to examine if charge u/s 302 IPC would stick and that is
why it has been suggested that it should be framed as an alternative charge.. (Delhi) (DB)
Dishonour of cheque - Inquiry u/s 202 Cr.P.C. - Not mandatory in respect of proceedings u/s 138
NI Act. (Bombay) LawMirror.com File Number 57933
Eye witness - Conviction of eye witness in other case - Credibility of eye witness in the case is
not affected. (S.C.) LawMirror.com File Number 58297
Joint family property - Gift of joint family property in favour of one of the sons, on the basis that
same is acquired property - Not legally valid and cannot be acted upon. (T&A) LawMirror.com
File Number 57360
Presumption - Mere presence of body on railway premises does not hold that injured or deceased
was bona fide passenger for which claim for compensation could be maintained. (S.C.)
Untoward incident - Claim for compensation - Interest - In absence of any specific statutory
provision, interest can be awarded from date of incident - Legal position in this regard is at par
with cases of accident claims. (S.C.) LawMirror.com File Number 58629
(04.09.2019)
Certificate of marriage - Not a conclusive proof of marriage. (Bombay) LawMirror.com File

Number 58673
Dismissal of application U.O.39.R.2-A CPC - Appeal against - Not maintainable. (Bombay)

Guardians and Wards — Custody of minor girl less than 5 years of age, should ordinarily be with
mother and be deviated only for strong reasons. (Allahabad) (DB) LawMirror.com File Number
57951
Maintenance to wife - Application for summoning certain documents regarding income of

husband - Documents in question required for accurate assessment of financial status of husband
- Application for summoning of documents allowed. (Rajasthan) LawMirror.com File Number
57942
Recalling of order - Lis cannot be successively brought back to life merely because litigant has
right to file recalling application seeking restoration of his/her lis after each dismissal. (Calcutta)
(DB) LawMirror.com File Number 58003
Transfer of case - Scope - Power u/s 24 CPC cannot be exercised ipse dixit without stating
anything whatsoever as to the allegations of bias and/or malafide. (Rajasthan) LawMirror.com
File Number 58654
(05.09.2019)
Bar of subsequent suit - Filing of plaint as evidence to prove that earlier suit was filed on the
same cause of action as the subsequent suit is imperative. (Chhattisgarh) (DB) LawMirror.com
File Number 58660
Presumption - Mere absence of ticket with such injured or deceased not to negative claim that he
was bona fide passenger. (S.C.) LawMirror.com File Number 58629
Registration - Partition deed - When four out of three brothers deposed in Court that they had
partitioned a joint family property amongst themselves, law does not require that it should be
proved only by a registered document and not otherwise. (Chhattisgarh) LawMirror.com File
Number 58008
Secondary evidence - Photocopy of document neither certified copy nor it is a copy made from
original by mechanical process which ensure the accuracy of copy - It cannot be termed as
secondary evidence - Application rightly rejected. (Rajasthan) LawMirror.com File Number
57463
Special Leave Petition (SLP) - Death sentence - Where SLP filed in cases in which death
sentence is awarded by Courts below, it should not be dismissed without giving reasons at least
qua death sentence. (S.C.) LawMirror.com File Number 58666
Statement of witness - Rape case - Evidence of mother of victim which is disclosing narrations
by victim child regarding incident and that too soon after incident implicating accused as
perpetrator are relevant and admissible u/s 157 of the Evidence Act. (Bombay) LawMirror.com
File Number 57946
(06.09.2019)
Appointment of receiver - Partition suit - Death of Receiver appointed by Court - Family of

receiver using the property since the death of receiver - It is thus, just and convenient to appoint
son of receiver as receiver - Direction issued. (Patna) LawMirror.com File Number 57961
Dishonour of cheque - Determination of age of ink - No scientific accurate test is available for
determination of age of ink - Petition dismissed. (Rajasthan) LawMirror.com File Number 58004
Interim maintenance to wife - Plea of husband of no source of income - Ipso facto does not
absolve him of his moral duty to maintain his wife in presence of good physique alongwith
educational qualification. (Delhi) LawMirror.com File Number 57968
Precedent - Judgments of Courts cannot be read as a statute and facts of each case have to be
considered in juxtaposition with facts of case under consideration. (Rajasthan) LawMirror.com
File Number 58659
Prevention of Money Laundering - Composition of Adjudication Authority - It is not necessary

that all members of adjudicating authority should be judicial members. (Delhi) (DB)
Sentence - Sentence in default of payment of fine is not a sentence as contemplated u/s

386(b)(iii) Cr.P.C - Appellate Court is entitled to enhance fine and sentence in default of
payment of fine and S.386 Proviso Cr.P.C not attracted. (Rajasthan) LawMirror.com File
Number 57936
(07.09.2019)
Claim of juvenility - Expression ‘may’ used in S.8(2) of the Act is not mandatory in nature but it
is obligatory. (Allahabad) (DB) LawMirror.com File Number 57401
Employees Compensation Act, 1923, S.30 — Appeal - Decided without hearing appellant -
Matter remanded back to High Court for deciding appeal fresh in accordance with law. (S.C.)
Grant of interim injunction in regular appeal filed U.O.41 PC - Appeal there against - Appeal is
maintainable in view of S.104(1) read with O.43.R.1(r) CPC. (Bombay) (DB) LawMirror.com
File Number 58606
Parole - Claim of petitioner rejected on ground that he may commit serious offence, in case he is
released on parole - Simply by saying that petitioner is likely to commit serious offence, in case,
he is released on parole is no ground to deny parole. (P&H) LawMirror.com File Number 57428
Rebuttal evidence - Examination of expert in rebuttal after closure of evidence of plaintiff -

Plaintiff cannot lead evidence in rebuttal in respect of an issue, onus of which was on plaintiff
himself. (P&H) LawMirror.com File Number 57353
Sexual harassment - Complaint made by Transgender - If a cognizable offence under provision

of S.354-A, in particular sub clauses (i), (ii), (iii) IPC is made out on the complaint of a
Transgender, same shall be registered in accordance with law. (Delhi) (DB) LawMirror.com File
Number 58663
(09.09.2019)
Default bail - Period of 60 days expired and admittedly no challan/final report presented -
Petitioner becomes entitled to default bail as per provision of S.167(2) of the Act - Bail granted.
(P&H) LawMirror.com File Number 57934
Exhibition of document - Only exhibited documents ought to be taken into consideration -

However, documents being Government records in original, ought to be read in evidence under
provisions of Evidence Act. (Delhi) LawMirror.com File Number 57986
Interim maintenance to wife - Husband being able-bodied person is duty bound to maintain his
wife who is unable to maintain herself under personal law arising out of marital status and is not
under contractual obligation. (Delhi) LawMirror.com File Number 57968
Maintenance to wife - Income of husband - Where there is no proper evidence regarding income
of husband, Court has no option but to presume the income of husband. (Gujarat)
Res judicata - Taking up the issue, which is already decided and against which an appeal is
preferred, would amount to violating the principle of res judicata incorporated in S.11 of CPC.
(T&A) LawMirror.com File Number 57336
Secondary evidence - Certified copy of a document not the original with the Registering
Authority, not covered by S.65(e) of Evidence Act. (Rajasthan) LawMirror.com File Number
58669
(11.09.2019)
Agreement to sell - Suit for specific performance - Time essence of contract - When plaintiff
pleads that time was not of essence and defendant does not deny it by evidence, Court is bound
to accept the plea of plaintiff. (Contract Act, 1872, S.55) (M.P.) LawMirror.com File Number
57922
Double jeopardy - Order of conviction or acquittal passed by foreign Court - Jurisdiction of

Indian Courts - Indian Courts cannot look into the matter as it will have devastating result of
depriving a person of his right under Art.20(2) of Constitution and S.300 Cr.P.C. (Bombay) (FB)
Parole - On the ground that his father has expired and for performing his last rites - Petitioner is
the elder son of his father and he has to offer Namaz on death of his father - Even, he is not
involved in any other case - Parole granted. (P&H) LawMirror.com File Number 57932
Practice and procedure - Interlocutory order - Challenge as to - An interlocutory order which is

not challenged in appeal or revision or by way of other remedies, can be challenged in appeal
filed against final judgment or order. (Kerala) LawMirror.com File Number 56039
Revision - Maintainability - Order of acquittal u/s 256 Cr.P.C - Revision not maintainable
against such order, provided the same is invoked appropriately and in a judicious manner.
(Calcutta) LawMirror.com File Number 58643
Second appeal - High Court has no jurisdiction in second appeal to interfere with finding of fact
given by first appellate Court based upon appreciation of relevant evidence. (Madras)
(12.09.2019)
Contempt of Court - Punishment - The acts calculated at overreaching or circumventing the

orders passed by Courts are viewed with all seriousness they deserve and perpetrators of such
acts are appropriately punished. (T&A) LawMirror.com File Number 58642
Dismissal of application U.O.22.R.3 CPC - Miscellaneous appeal against dismissal of an

application U.O.22.R.3 CPC is not maintainable. (Chhattisgarh) LawMirror.com File Number
57937
Impounding of passport - Fulfillment of certain conditions specified u/s 10(3) of the Passport Act
- Cannot itself result in impounding of passport automatically. (Allahabad) (DB) LawMirror.com
File Number 57985
Permanent alimony - S.25 of the Act, permits a spouse to file an application u/s 25 of the Act, at
the time of passing of any decree or subsequent thereto. (Rajasthan) (DB) LawMirror.com File
Number 57447
Quashing of FIR - Proclaimed offender - Mere fact that petitioner is a P.O, it does not come in
his way seeking quashing of FIR as co-accused already stands acquitted by trial Court. (P&H)
Sale of vehicle - Transfer of ownership - Transfer of ownership ought to be registered within 30

days of sale - S.50(1) of the Act, obliges transferor to report the fact of transfer within 14 days of
transfer. (S.C.) LawMirror.com File Number 58619
(13.09.2019)
Ad valorem Court fee - Suit for cancellation of sale deed and declaration - Plaintiffs were
executants of sale deed and were party to said sale deed - They are thus, bound to pay ad valorem
Court fee u/s 7(iv)(c) of the Act. (Chhattisgarh) LawMirror.com File Number 58665
Deficient court fee - S.149 CPC is to be read as a proviso to S.4 of Court Fees Act - Court can fix
a period of time in which deficiency in Court fee can be made good. (Delhi) LawMirror.com File
Number 57330
Further investigation - After submission of charge sheet by police - Power of Magistrate -
Magistrate has ample power to direct further investigation after submission of charge sheet by
police even when cognizance has been taken on charge sheet. (Calcutta) LawMirror.com File
Number 58001
Judgment on admission - U.O.12.R.6 CPC, once parties are not at issue, Court can pass a decree
on the basis of pleadings of parties and statement made. (P&H) LawMirror.com File Number
57420
Power of Attorney - Registration - Petitioner is brother of executant of power of attorney -

Mandate of compulsory registration as per S.17(1)(g) of the Act will not apply, as power of
attorney is the brother of executant. (Kerala) LawMirror.com File Number 58006
Return of plaint - Non-compliance of S.80 CPC - Court shall return the plaint if it is satisfied
after hearing of parties that no urgent or immediate relief may be granted. (Gujarat)
(14.09.2019)
Agreement to sell - Agreement with tenant - Jural relationship of landlord and tenant - None of
the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained
unaffected. (S.C.) LawMirror.com File Number 57906
Contempt - If any party gives an undertaking to Court to vacate the premises, from which, he is
liable to be vacated, any breach of the same would amount to contempt. (Madras)
Ex parte decree - Setting aside - Amount deposited as per order of Court - Shows bona fide - Ex
parte decree set aside. (S.C.) LawMirror.com File Number 57776
Limitation — Expression ‘time requisite’ cannot be understood as time absolutely necessary for
obtaining copy of order. (Allahabad) LawMirror.com File Number 59354
Practice and procedure - It is required of learned counsel to bring at least those judgments which
have been referred to and relied upon by none other than petitioners themselves in trial Court.
Will - Suspicious circumstances - Unsound mind of testatrix - Fact that testatrix was suffering
from cataract in her eye or some agony for the demise of her son, does not render her a person of
unsound mind. (Delhi) LawMirror.com File Number 59351
(16.09.2019)
Agreement to sell - Issuance of legal notice does not lead to conclusion that plaintiff was always
ready and willing to perform his part of contract from the date of agreement to sell till date of
filing of suit. (S.C.) LawMirror.com File Number 57233
Counter claim - Counter claim cannot be taken into consideration unless contents thereof are
verified. (P&H) LawMirror.com File Number 58136
Execution - Joint decree holders - One decree holder can file execution application for the
benefit of all others. (Allahabad) LawMirror.com File Number 58121
Maintenance u/s 125 Cr.P.C. - Condition imposed while allowing cross examination - Impugned
order set aside. (P&H) LawMirror.com File Number 57223
Rape - In the absence of external injury to the person of prosecutrix, it cannot be concluded that
incident had taken place with consent of prosecutrix - It depends upon facts and circumstances of
each other. (S.C.) LawMirror.com File Number 59386
Specific performance - Extension of time to deposit balance sale consideration - Refused - Court
can direct refund of advance money received by defendant. (T&A) LawMirror.com File Number
57244
(17.09.2019)
Agreement to sell - Once readiness and willingness not proved, earnest money is deemed to have
been forfeited. (P&H) LawMirror.com File Number 58129
Death sentence - Bifurcated hearing for conviction and sentencing is a necessary condition.
Expert opinion - Cannot be considered in isolation of other evidence on record - It cannot be sole
basis of either decreeing or dismissing suit. (Allahabad) LawMirror.com File Number 58157
Mandatory injunction - Revocation of licence - Purchase of 3-3/4 share out of 7 Marlas - Plaintiff
became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then
he cannot seek ejectment of defendant by branding him licensee - Suit is not maintainable.
Refund of Court fee - Mere fact that a refund of Court Fee is provided u/s 21(1) of the Legal
Services Authorities Act, 1987, is no ground to extend same benefit to stamp duty payable under
Stamp Act. (T&A) (DB) LawMirror.com File Number 58731
Summoning of additional accused - No fresh material to justify any other inference except the
one, drawn by trial Court earlier after proper appreciation of evidence and material before it -
Summoning not justified - Application rightly, dismissed. (P&H) LawMirror.com File Number
59344
(18.09.2019)
Agreement to sell - Plaintiff just paid about 9% to 10% of total sale consideration - Plaintiff not
entitled to discretionary relief of specific performance. (Delhi) LawMirror.com File Number
57245
Death sentence - Murder case - Merely because case is one of circumstantial evidence, that by
itself is not enough to convert a sentence of death into a sentence of life imprisonment. (S.C.)
Family Court - Rigors of Evidence Act, do not apply on all fours, in a proceeding before Family
Court. (Jharkhand) LawMirror.com File Number 57799
Matrimonial dispute - Suit for realisation of value of gold ornaments entrusted to husband at the
time of marriage - It is a matrimonial dispute - Defence of husband can be struck off when he
makes wilful default in complying with an order passed by a competent Court u/s 125 Cr.P.C.
Registered sale deed - Mutation - Not necessary to vest title in the purchaser - Title passes in
favour of purchaser on execution of sale deed - Mutation neither confers any title nor is a
document of title. (P&H) LawMirror.com File Number 57797
Summoning of additional accused - On basis of examination of witnesses by police u/s 161

Cr.P.C. - Statement u/s 161 Cr.P.C. cannot be considered as a piece of evidence for summoning
additional accused. (P&H) LawMirror.com File Number 59347
(19.09.2019)
Adulteration of food - If written consent records prima facie satisfaction of Joint Commissioner
that sample is adulterated, then sample is adulterated u/ss.2(ia), 2(ia)(m) of the Food
Adulteration Act. (Bombay) LawMirror.com File Number 58678
Correction in judgment and decree and amendment of plaint - If plaint involved some omission,
the same can be rectified - Order allowing amendment of plaint and correction in judgment and
decree, upheld. (P&H) LawMirror.com File Number 57208
Execution - Limitation - Judgment of trial Court affirmed by First Appellate Court and was
further affirmed by Second Appellate Court - Decree passed by High Court becomes
enforceable. (S.C.) LawMirror.com File Number 57890
Mohammedan Law — Suit for dissolution of marriage by husband - Maintainability - None of

the provisions under Mohammedan Law permits husband to obtain decree of divorce through a
judicial declaration - Suit, held not maintainable. (Jharkhand) LawMirror.com File Number
59394
Rejection of plaint - Partial rejection of plaint - Not permissible. (Calcutta) LawMirror.com File
Number 58113
Will - Genuineness - Non-signing of first page of Will by attesting witnesses - Casts serious
doubt over the veracity of first page of Will, which has its own implications upon Will in totality.
(20.09.2019)
Agreement to sell - Advance amount cannot be forfeited by merely relying upon clause in the
agreement entitling forfeiture of advance amount, in absence of proof of loss caused on account
of breach by plaintiff. (Delhi) LawMirror.com File Number 57222
Deletion of name of defendant No.2 as party - His name cannot be deleted merely on the ground
that no relief is sought against him. (Allahabad) LawMirror.com File Number 57820
Injunction - Question regarding title and ownership of suit property by adverse possession is a
blended question of fact and law which cannot be directly or substantially put in issue in a suit
for permanent injunction. (Allahabad) LawMirror.com File Number 58616
Outraging modesty of woman - Mere throwing of mobile or medicines or providing the same
with or without medicines by accused to prosecutrix, may not be considered to be an offence u/s
354 or 354-A IPC or u/ss 7, 8 of POCSO Act. (Allahabad) LawMirror.com File Number 59404
Sale deed - Registrar has no authority to cancel it after registration of sale deed - It is only the
Court which has power to cancel an instrument. (Allahabad) LawMirror.com File Number 57219
Will - Suspicious circumstances - Mere use of thumb impression by testatrix instead of signature
- Does not constitute suspicious circumstance. (Delhi) LawMirror.com File Number 59351
(21.09.2019)
Adjournment - Plea that counsel is out of station - Not a good ground to seek adjournment. (S.C.)
Cross examination - In summary proceedings normally cross examination is not permitted - In

case it is permitted, valid reasons are to be given. (Allahabad) LawMirror.com File Number
58153
Injunction - Entire suit based on an agreement to sell - No prayer for grant of specific
performance - In the absence of main relief, i.e. specific performance of contract, no ancillary
relief in the form of an injunction can be granted. (Gujarat) LawMirror.com File Number 58125
Notice u/s 80 CPC - Notice aimed at defendant No.1 - It has to be held that there was no
compliance u/s 80 CPC against defendants Nos.2 & 3. (Karnataka) LawMirror.com File Number
58729
Sale deed - Registration of sale deed carries with it a presumption that it was validly executed.
Will - Suspicious circumstances - Mere fact that one of the beneficiary accompanied his mother
for execution of the Will - Does not render any suspicion in the presence of other cogent and
independent evidence. (Delhi) LawMirror.com File Number 59351
(23.09.2019)
Adverse possession - Pleas on title and adverse possession are mutually inconsistent and latter
does not begin to operate until former is renounced. (H.P.) LawMirror.com File Number 57235
Agreement to sell - Relief of specific performance not granted - Earnest money ordered to be
paid back to plaintiff with interest. (S.C.) LawMirror.com File Number 57201
Dishonour of cheque - Compromise - Deposit of 10% cheque amount - It is for accused to

deposit said amount. (Rajasthan) LawMirror.com File Number 57296
Judgment on admissions - Court is required to pass a decree if the claim is admitted - However,
Court cannot overlook the subsequent events which took place proving that there was no
settlement between the parties. (P&H) LawMirror.com File Number 58735
Possession - Suit u/s 6 Specific Relief Act - Failure to prove possession - Suit not maintainable.
(Calcutta) LawMirror.com File Number 57782
Secondary evidence - Order framing issues to decide application for secondary evidence, upheld.
(H.P.) LawMirror.com File Number 57779
(24.09.2019)
Arrest - Arrested person to be informed of grounds of his arrest - Mere intimation of arrest to the
partner/friend of arrested person does not satisfy the requirement of law. (Delhi) LawMirror.com
File Number 57823
Contraband - Accused acquitted, viz. (i) Sample taken only from one of the 13 packets
recovered; (ii) Recovery was of 13 packets whereas there were 55 packets when bag opened in
Court; (iii) Malkhana register not produced to prove safe custody - Constable who was employed
to look after Malkhana also not produced; (iv) Non compliance of S.50 of the Act. (Allahabad)
Dishonour of cheque - Compromise - Deposit of 10% cheque amount - It is for accused to
deposit said amount. (Rajasthan) LawMirror.com File Number 57296
Maintenance to mother - Petition against son - (i) Petition against one son alone is maintainable;
(ii) There is no requirement that all children are required to be made parties; (iii) mother can file
application for maintenance through her constituted attorney. (Bombay) LawMirror.com File
Number 57835
Proof beyond pleadings - Witness already examined - Plea to be raised at the time of final
arguments and trial Court essentially has to consider these aspects. (Delhi) LawMirror.com File
Number 57200
Secondary evidence - Certified copy of registered sale deed is admissible as secondary evidence.
(25.09.2019)
Agreement to sell - Relief of specific performance granted without there being specific prayer in
the plaint - High Court justified in reversing the judgment and order granting relief of specific
performance of agreement to sell. (S.C.) LawMirror.com File Number 57815
Comparison of disputed signatures - Challenging genuineness of Will amounts to challenging

genuineness of signatures. (S.C.) LawMirror.com File Number 57195
Death sentence - Whether person is capable of reformation and rehabilitation should be taken
into consideration while imposing death penalty. (S.C.) LawMirror.com File Number 58707
Domestic violence - Settlement arrived at in between parties - Wife subjected to domestic

violence, thereafter - There is undoubtedly a continuity of events involved - Order as to revival
of earlier proceedings cannot be faulted. (Delhi) LawMirror.com File Number 58163
Leave to appeal as an indigent - Delay in filing appeal - An appeal accompanied by a delay

petition is a valid appeal registered on the date of filing and is to be numbered - The above rule
applies equally to indigent appeal U.O.44.R.1 of CPC. (Kerala) (FB) LawMirror.com File
Number 58714
Ports Act — Pre-publication - Order of revision of berthing charges without pre-publication in

Gazette is considered bad in law as said order will fall within sweep of S.68 of the Act. (Kerala)
(27.09.2019)
Agreement to sell - Plaintiff not in possession of agreement to sell when he visited office of Sub
Registrar to execute sale deed - Not pleaded in plaint that agreement is lost - Loss of agreement
for first time reported only after direction to produce original - Existence of agreement itself is
doubtful. (P&H) LawMirror.com File Number 58141
Compromise decree - Setting aside - Order passed by Civil Judge, Senior Division, for all
purposes would be understood rendered by District Judge - Against order passed by him no
appeal lies u/s 96 CPC before District Judge. (Allahabad) LawMirror.com File Number 58749
Contraband - Accused apprised of his right to be searched by Magistrate or Gazetted officer -

Accused himself agreed to be searched by raiding party - Mandate of S.50 of the Act not fulfilled
- Accused acquitted. (Delhi) LawMirror.com File Number 57881
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) LawMirror.com
File Number 57227
Injunction - Co-sharer - Once plaintiff himself raised construction over one portion of land, he
cannot raise objection, if any, qua construction on other portion of land, by defendants. (H.P.)
Non appearance of plaintiff in the witness box - Adverse inference can only be drawn if evidence
available on file is not sufficient. (P&H) LawMirror.com File Number 57797
(28.09.2019)
Agreement to sell - Specific performance - 4.5% of total sale consideration paid - Relief of
specific performance ought not be granted where only nominal amount is paid. (Delhi)
Condonation of delay - Application filed with incorrect facts - Appellants negligent in pursuing
the matter - Condonation of delay rightly refused. (S.C.) LawMirror.com File Number 56903
Dishonour of cheque - Company - Liability of Director - Directions issued that Magistrate before
issuing summons shall direct complainant to produce a copy of Form No.32 and annual Return
filed by the Company in order to determine the persons who were Directors on the date of
commission of offence. (P&H) LawMirror.com File Number 58208
Execution - Issuance of warrants - Property in question already attached - There is no reason to

issue warrants of arrest by taking recourse to O.21.R.37 CPC. (P&H) LawMirror.com File
Number 59410
Maintenance u/s 125 Cr.P.C. - Strict standard of proof of marriage not necessary in such
proceedings. (S.C.) LawMirror.com File Number 57287
Recall of witnesses - A witness can be recalled even if he deposed one way before the Court now
wants to depose and is prepared to give evidence which is clearly different from what had been
stated earlier. (P&H) LawMirror.com File Number 57858
(30.09.2019)
Abetment of suicide - Slapping in Panchayat in September, 2001 and suicide committed on

23.02.2002 - There is no proximity in the incident of slapping and committing suicide. (S.C.)
Co-sharers - Suit for partition - Family living separately without recording any family settlement
in revenue record - Said separation does not lead to conclusion that property is partitioned by
metes and bounds. (P&H) LawMirror.com File Number 58716
Dishonour of cheque - Accused without himself entering into witness box, seeking sending of
cheque to Handwriting expert - Application cannot be allowed. (Bombay) LawMirror.com File
Number 57227
Execution - Lack of territorial jurisdiction in Court passing decree - An enquiry into jurisdiction
of Court which passed decree should not be confused with validity of decree on merits - Order
rejecting objections set aside. (Jharkhand) LawMirror.com File Number 57771
Medical report - Not possible for doctor to come to Court due to his illness - As per S.32 of
Evidence Act, certificate granted by Doctor can be relied upon. (Madras) LawMirror.com File
Number 58142
Testimony of witnesses - Minor inconsistencies and minor aberrations and inconsistencies in the
statements of witnesses - Not a reason to discard otherwise, credible and consistent testimonies
of witnesses. (Delhi) (DB) LawMirror.com File Number 59374
(01.10.2019)
Appeal - Limitation - Time spent for obtaining subsequent copies of judgment whether relevant -
Computation of limitation is confined to copy produced with appeal and no further enquiry is
required to be made by Court. (Allahabad) LawMirror.com File Number 59354
Contraband - In cases under NDPS Act if complainant himself is I.O. then entire investigation
and subsequent prosecution and trial stand vitiated and accused is entitled, ipso facto, acquittal.
Divorce - Mental cruelty - Filing of false complaint against husband u/s 498-A IPC - Admission
by wife that she herself and her children turned hostile to prosecution resulting acquittal of
husband - Prima facie shows the way in which he was subjected to cruelty challenging his
dignity - Divorce granted to husband. (Kerala) LawMirror.com File Number 57816
Juvenile Justice — Determination of age - Ossification test is not conclusive of age
determination. (Delhi) LawMirror.com File Number 58689
Primary evidence - Two copies prepared and signed by parties - Each copy is primary evidence.
Second appeal - Substantial question of law - Suit for specific performance - Issue of readiness
and willingness is dependent upon evidence on record and same cannot be a pure question of
law. (P&H) LawMirror.com File Number 59353
(03.10.2019)
Adverse possession - Alternative pleas of title and adverse possession - Plea of title pursuant to a
sale document defeats the plea of adverse possession. (S.C.) LawMirror.com File Number 57242
Contraband - Bag when produced in Court not having proper seal - Creates doubt about
authenticity of case property as well - Accused acquitted. (P&H) LawMirror.com File Number
57837
Dishonour of cheques - Three cases - Same parties - Clubbing of cases - S.219 Cr.P.C. applies
only to warrant cases and not to summons cases where no charges are framed. (Rajasthan)
Judgment of civil Court - Finding of Civil Court regarding validity of power of attorney will
have no bearing upon criminal Court. (Rajasthan) LawMirror.com File Number 57972
Primary evidence - Carbon copies can be taken into consideration as primary evidence. (S.C.)
Second complaint on same allegations - Mentioning of reasons for withdrawal of an earlier

complaint is not a condition precedent for maintaining a second complaint. (S.C.)
(04.10.2019)
Agreement to sell - To avail relief of specific performance, parties need to plead and prove all
statutory requirements prescribed under provisions of act and Forms 47/48 of Appendix A to C
of CPC. (S.C.) LawMirror.com File Number 58148
Contraband - I.O of case and complainant are one and the same person - Proceedings vitiated -
Accused acquitted. (Delhi) LawMirror.com File Number 57865
Dishonour of cheque - Offence cannot be compounded without consent of complainant. (P&H)

Judgment of Appellate Court - Order of Appellate Court shall be in writing and shall state the
point of determination, decision thereon, reasons for such decision and relief to which appellant
is entitled to in case decree appealed from is varied or reversed. (Allahabad) LawMirror.com File
Number 59346
Private complaint u/s 193 IPC - Cognizance of offence cannot be taken on the basis of private
complaint. (S.C.) LawMirror.com File Number 58173
Secondary evidence - Existence of documents successfully proved by defendants by examining

DW4 and making him tender documents which they intend to prove by secondary evidence -
Loss of documents is also duly established - Application allowed. (H.P.) LawMirror.com File
Number 59385
(05.10.2019)
Agreement to sell - Specific performance - Limitation - Date of performance fixed in agreement

itself - As per Art.54 of Limitation Act, 1963 suit filed after a period of 9 years is clearly time
barred. (P&H) LawMirror.com File Number 58685
Contraband - Bail - Provision of S.37 NDPS Act, overrides provisions under Cr.P.C with regard
to grant of bail. (P&H) LawMirror.com File Number 57877
Divorce by mutual consent - Parties re-united and starting living together after passing of decree
- Appeal to set aside decree on basis of subsequent event is not maintainable - Parties to
approach the same Court which passed decree - It will always be open to said Court to set aside
decree on basis of subsequent event which will be in the larger interest not only for the spouses
but it would be beneficial for the betterment and welfare of minor children born out of the
wedlock. (P&H) LawMirror.com File Number 57232
Limitation - Decree stayed - Limitation would begun to run only after stay is vacated.
Quit notice - Prior to expiry of lease period - Landlord can terminate tenancy by way of serving
notice u/s 106 of the Act even before the time of tenancy is over. (Rajasthan) LawMirror.com
File Number 58149
(07.10.2019)
Agreement to sell - Specific performance - Defendant cannot be allowed to take undue advantage
of his wrongs. (Bombay) LawMirror.com File Number 57767
Contraband - Accused acquitted viz. (i) Not proved who fetched balance and weight at the spot;
(ii) No mention of weight of sample taken at the spot - (iii) Charge sheet submitted before
receiving report of forensic lab and I.O. never saw the case property nor he tried to see it; (iv)
Neither in the recovery memo nor in the whole case, it is mentioned what was the G.D. number
of departure of police party from the police station; (v) Contradictory statements of PW1 and
PW3 regarding case property. (Allahabad) LawMirror.com File Number 57259
Divorce petition - Transfer of petition - Wife initiated different proceedings relating to

matrimonial dispute at Jalandhar - Husband filed petition for divorce at Ludhiana - Wife having
no independent source of income - Petition transferred to Court at Jalandhar. (P&H)
Limitation - S.14 Limitation Act has no application in a case where suit is dismissed after
adjudication on merits and not because Court was unable to entertain it due to lack of
jurisdiction. (M.P.) LawMirror.com File Number 58150
Rape - Reduction of sentence - Incident occurred in 1993 about 25 years ago - Having regard to
passage of time and other facts and circumstances of case, sentence of imprisonment of 7 years
imposed on accused reduced to period of 4 years. (S.C.) LawMirror.com File Number 59386
(09.10.2019)
Ad valorem Court fee - Suit for declaration and cancellation of transfer deed - Transfer deed in
question does not show any consideration - Plaintiff therefore, not required to pay Court fee.
Contraband - Accused acquitted - (i) In recovery memo not clear as to whose seal was affixed on
sample as well as residue; (ii) No entry of sample seal as well as sample of contraband substance
in Malkhana Register - (ii) independent witnesses were present but non of them was ready to be
a witness of said recovery but names of persons who were not ready to be a independent witness
not recorded by raiding party, which goes against prosecution case. (Allahabad) LawMirror.com
File Number 57301
Document - Any evidence intended to establish information expressed on any substance de hors
substance, evidence is documentary - Conversely if it relates to substance it is a material object.
Maintenance - Marriage - Law presumes in favour of marriage and against concubinage when a
man and woman cohabit continuously for a number of years. (S.C.) LawMirror.com File Number
57287
Recall of a witness to fill up a gap - Not permissible. (T&A) LawMirror.com File Number 57241
(10.10.2019)
Agreement to sell - Specific performance - Delivery of possession - Absence of specific

stipulation in agreement - Unless contrary is proved, it must be deemed that seller has impliedly
agreed to deliver possession of property to purchaser, upon execution of sale deed. (Bombay)
Contraband - Non compliance of mandatory statutory requirements of Ss.42, 50, 57 -- Accused
has to be acquitted irrespective of the volume of evidence proving factual aspects. (Kerala)
Domestic violence - Economic abuse - Comes within ambit of domestic violence. (Delhi)
Maintenance u/s 125 Cr.P.C. - Even assuming that appellant is not the legally wedded wife and
therefore not entitled to maintenance u/s 125 Cr.P.C. has efficacious remedy to seek maintenance
under the provisions of Domestic Violence Act. (S.C.) LawMirror.com File Number 57300
Rejection of plaint - Plaint filed by playing fraud upon Court by making concealment of relevant
facts from Court - Plaint rejected. (Allahabad) LawMirror.com File Number 57804
(11.10.2019)
Additional evidence in revision - In exercise of its inherent powers Court can admit additional
evidence, particularly when subsequent event is brought to notice of Court. (Allahabad)
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) LawMirror.com File Number 57868
Dowry death - Cruelty - General allegation of demanding dowry - No specific role assigned to
any of accused - Specified date, time and place of dowry demand also not mentioned - Accused
acquitted. (Allahabad) LawMirror.com File Number 57856
Maintenance u/s 125 Cr.P.C. - Strict standard of proof not necessary in such proceedings - Law
presumes in favour of marriage and against concubinage when a man and woman cohabit
continuously for a number of years. (S.C.) LawMirror.com File Number 57287
Rent & Eviction - Bona fide requirement for business of son - Son not employed - Son involved
in business in the mean time - Son not to sit idle till eviction petition is decided - Order of
eviction upheld. (S.C.) LawMirror.com File Number 57916
(12.10.2019)
Adverse possession and inheritance - These are two inconsistent alternative pleas which are not
permissible. (Allahabad) LawMirror.com File Number 57792
Contraband - Non joining of independent witnesses - 15 villagers had gathered at the spot but
non joined - Creates doubt in prosecution version. (P&H) LawMirror.com File Number 58176
Election petition - Rejection - Petition allowed to be withdrawn with liberty to file fresh petition
- Fresh petition filed beyond statutory period of 30 days - Liberty to file fresh petition cannot
obviate the bar of limitation - Period of 30 days cannot be extended - Provision of S.14 of
Limitation Act is clearly excluded - Election petition rejected. (S.C.) LawMirror.com File
Number 57249
Notice u/s 106 of the Transfer of Property Act - Fling of suit can be taken to be a notice u/s 106
of the Transfer of Property Act. (P&H) LawMirror.com File Number 59366
Sale of minor’s property by grandfather without permission of Court - Sale certainly would be
hit by S.8 of the Hindu Minority and Guardianship Act and always voidable at the instance of
minor or guardian or next friend acting on his behalf. (Chhattisgarh) LawMirror.com File
Number 59401
(14.10.2019)
Agreement to sell - Specific performance - Readiness and willingness - The issue of readiness
and willingness is a question of fact. (Bombay) LawMirror.com File Number 58691
Contraband - Recovered contraband not deposited in Malkhana on the same day - No

explanation whatsoever as to where recovered articles were kept for a day and in whose
possession they remained - Accused acquitted. (Rajasthan) LawMirror.com File Number 58193
Ex-parte decree - Setting aside - Suit for specific performance - In the absence of any evidence,
bald insinuations made by appellants and their predecessor-in-interest against previous advocate
does not constitute a ground to vacate ex-parte decree. (Gauhati) LawMirror.com File Number
58744
Ownership - Merely on getting electric connection or water connection, ownership in the

immovable property does not get transferred. (P&H) LawMirror.com File Number 57248
Secondary evidence - Photostat copy of document - Will being inadmissible as evidence for want
of probate - Hence, its photostat copy/secondary evidence cannot be tendered in evidence -
Rejection of application u/s 65 Evidence Act, proper. (Rajasthan) LawMirror.com File Number
58706
(15.10.2019)
Amendment of plaint - Allowed - Defendant has right to file amended written statement to the
amended plaint. (H.P.) LawMirror.com File Number 57818
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.) LawMirror.com File
Number 57252
Examination of witness - Age of case - Not by itself decisive of matter when prayer is made for
examination of material witness. (S.C.) LawMirror.com File Number 58573
Permanent injunction - Co-sharers - Suit for bare injunction against co-owners not maintainable -
If at all plaintiff is entitled to suit property as such only remedy available to plaintiff is to seek
appropriate legal redressal by seeking relief of partition. (Madras) LawMirror.com File Number
59368
Sexual assault - Accused cannot be convicted for offence under IPC and POCSO at the same
time - Special Law would prevail over general law. (Rajasthan) LawMirror.com File Number
57862
(16.10.2019)
Amendment of plaint at the instance of defendant in a suit for partition - Not permissible. (T&A)
Criminal trial - Suspicion, howsoever grave, cannot substitute proof. (S.C.) LawMirror.com File
Number 57824
Indigent person - Permission declined to institute suit as indigent person - Not a bar to file appeal
as an indigent person. (S.C.) LawMirror.com File Number 58154
Procedure and Practice - Appeal against conviction - Duty of High Court - It is necessary for
High Court to go through the record to satisfy as to whether the conviction is properly recorded
or not. (S.C.) LawMirror.com File Number 59413
Summary suit - Criminal and civil proceedings are two different and separate independent
remedies - Filling of FIR and even proceedings u/s 138 of N.I.Act, 1881 do not debar a person to
avail civil remedy to recover the outstanding amount. (Delhi) LawMirror.com File Number
59365
(17.10.2019)
Amendment of written statement - Suit for declaration and partition - Amendment sought to
change entire area of plot to lesser area admitted in written statement - Amendment cannot be
allowed as it amounts to withdrawal of admission in written statement. (Calcutta)
Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is
relevant and admissible u/s 32 of Evidence Act. (S.C.) LawMirror.com File Number 56909
Interim maintenance - Order passed u/s 24 Hindu Marriage Act or order passed by Family Court
and enforceable u/s 18 of Family Courts Act - Execution - Limitation is 12 years. (Bombay)
Quashing of criminal complaint - Criminal complaints cannot be quashed only on ground that
allegations made therein appear to be of civil nature. (S.C.) LawMirror.com File Number 58205
Will - Courts should not normally declare Will to be surrounded by suspicious circumstances
once execution thereof is proved. (P&H) LawMirror.com File Number 58145
(18.10.2019)
Appeal - Recovery suit - No question of law arises for consideration - It is only an appeal u/s
96(1) CPC which lies. (Madras) LawMirror.com File Number 59397
Defamatory statement in pleadings - It is offence of defamation and not offence of giving false
evidence. (Bombay) LawMirror.com File Number 57842
Dishonour of cheque - Legally enforceable debt - There should be a legally enforceable debt or
other liability "subsisting on the date of drawal of cheque. (Bombay) LawMirror.com File
Number 57859
Issuance of arrest warrants - Accused summoned u/s 319 Cr.P.C - Police submitted final report
in negative form - Arrest warrants issued against accused converted to bailable warrants.
Recall of a witness - Primarily to enable Court to clarify any issue or doubt, by recalling any
witness either suo motu, or at the request of any party, so that Court itself can put questions and
elicit answers. (Delhi) LawMirror.com File Number 57202
(19.10.2019)
Abetment of suicide - Having advanced money to deceased, accused might have uttered some
abusive words - That by itself not sufficient to constitute offence u/s 306 IPC. (S.C.)
Default bail - Contraband - Default bail granted as FSL report not filed within 180 days -
Condition that accused shall be taken into custody on receipt of FSL report, set aside. (P&H)
Dishonour of cheque - Complaint filed based on second statutory notice is not barred. (S.C.)
Maintenance to mother - Mother can file petition through her constituted attorney. (Bombay)
Return of plaint - At the time of registration of suit Court has no power to venture into merits of
the matter or possible disputed issues. (T&A) LawMirror.com File Number 57206
(21.10.2019)
Attempt to murder - Proof of grievous or life-threatening hurt - Not a sine qua non for offence
u/s 307 IPC. (S.C.) LawMirror.com File Number 58199
Demand of dowry - Jurisdiction - Accused residents of place `J' - Demand and acceptance of
dowry was at place `B' - Court at place `B' has jurisdiction. (P&H) LawMirror.com File Number
57864
Limitation - Plaintiff claiming to be owner in possession of suit property - Suit of plaintiff thus,
covered u/art 113 of the Act - Suit filed beyond period of 3 years from date on which cause of
action allegedly arose, barred by limitation. (Gauhati) LawMirror.com File Number 59425
Restoration of possession - Limitation period of 30 days - Applies only if trial Court has not
passed any order in respect of the case property while convicting accused. (S.C.) LawMirror.com
File Number 58196
Will - At the top of page No.3 page No.7 written - Number of item on page No.2 and 3 in
continuation - Such small inadvertent error would not make Will suspicious. (P&H)
(22.10.2019)
Attempt to murder - Stabbing a person with knife near his vital organs - In most circumstances it
will lead to death of victim - Offence squarely falls u/s 307 IPC. (S.C.) LawMirror.com File
Number 58203
Dishonour of cheque - Company - Notice served upon Managing Director - Complaint against
company - Mere irregularity. (Delhi) LawMirror.com File Number 57825
Maintenance u/s 125 Cr.P.C. - Cannot be refused on ground of not obeying decree of restitution
of conjugal rights by her, particularly when appeal against said decree is pending. (Allahabad)
Rejection of plaint - Inordinate delay and laches on part of plaintiff - Not a ground for rejection
of plaint. (S.C.) LawMirror.com File Number 57800
Second appeal - Even when findings of trial Court and First Appellate Court are perverse it is
obligatory to first formulate appropriate substantial question of law. (S.C.) LawMirror.com File
Number 58119

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DAILY LEGAL UPDATES –

Withdrawal of suit - Expression “sufficient grounds” in O.23.R.1(3)(b) cannot be restricted to

Dishonour of cheque - Death of complainant during pendency of complaint - Legal

Dishonour of cheque - Amendment of complaint to make correction in the cause title of

De-exhibiting of document - There is no provision for de-exhibiting a document. (P&H)

Summoning of lawyer of opposite party - To disprove the mediation agreement - Allowed.

Complainant himself submitted written application showing non-involvement of petitioner in

Dishonour of cheque - Offence cannot be allowed to be compounded without consent of

Compromise decree - Decree recognising pre-existing rights of parties in an immovable property

Divorce - Cruelty - Petition by husband - False allegations of dowry demand resulting in

Criminal Proceedings - Mentioning of caste/status separately in criminal proceedings - Amounts

Cheating - Wrong facts in nomination paper of election to escape disqualification pertaining to

Impounding of passport - Pendency of criminal case - Does not automatically result in

Certificate of marriage - Not a conclusive proof of marriage. (Bombay) LawMirror.com File

Dismissal of application U.O.39.R.2-A CPC - Appeal against - Not maintainable. (Bombay)

Maintenance to wife - Application for summoning certain documents regarding income of

Appointment of receiver - Partition suit - Death of Receiver appointed by Court - Family of

Prevention of Money Laundering - Composition of Adjudication Authority - It is not necessary

Sentence - Sentence in default of payment of fine is not a sentence as contemplated u/s

Rebuttal evidence - Examination of expert in rebuttal after closure of evidence of plaintiff -

Sexual harassment - Complaint made by Transgender - If a cognizable offence under provision

Exhibition of document - Only exhibited documents ought to be taken into consideration -

Double jeopardy - Order of conviction or acquittal passed by foreign Court - Jurisdiction of

Practice and procedure - Interlocutory order - Challenge as to - An interlocutory order which is

Contempt of Court - Punishment - The acts calculated at overreaching or circumventing the

Dismissal of application U.O.22.R.3 CPC - Miscellaneous appeal against dismissal of an

Sale of vehicle - Transfer of ownership - Transfer of ownership ought to be registered within 30

Power of Attorney - Registration - Petitioner is brother of executant of power of attorney -

Summoning of additional accused - On basis of examination of witnesses by police u/s 161

Mohammedan Law — Suit for dissolution of marriage by husband - Maintainability - None of

Cross examination - In summary proceedings normally cross examination is not permitted - In

Dishonour of cheque - Compromise - Deposit of 10% cheque amount - It is for accused to

Comparison of disputed signatures - Challenging genuineness of Will amounts to challenging

Domestic violence - Settlement arrived at in between parties - Wife subjected to domestic

Leave to appeal as an indigent - Delay in filing appeal - An appeal accompanied by a delay

Ports Act — Pre-publication - Order of revision of berthing charges without pre-publication in

Contraband - Accused apprised of his right to be searched by Magistrate or Gazetted officer -

Execution - Issuance of warrants - Property in question already attached - There is no reason to

Abetment of suicide - Slapping in Panchayat in September, 2001 and suicide committed on

Second complaint on same allegations - Mentioning of reasons for withdrawal of an earlier

Dishonour of cheque - Offence cannot be compounded without consent of complainant. (P&H)

Secondary evidence - Existence of documents successfully proved by defendants by examining

Agreement to sell - Specific performance - Limitation - Date of performance fixed in agreement

Divorce petition - Transfer of petition - Wife initiated different proceedings relating to

Agreement to sell - Specific performance - Delivery of possession - Absence of specific

Contraband - Recovered contraband not deposited in Malkhana on the same day - No

Ownership - Merely on getting electric connection or water connection, ownership in the

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