Monday, 17 July 2017

Amendment of plaint - Allowed -

*DAILY LEGAL UPDATES (13.07.2017)*

Amendment of plaint - Allowed - Statement of plaintiff not to lead evidence relating to amendment - Trial Court may allow defendant to put any evidence in support of their defence relating to the amendment allowed. (2017(2) CIVIL COURT CASES 817 (Rajasthan)

Cruelty - Business partner of husband does not come within purview of S.498-A IPC. (2017(1) Criminal Court Cases 339 (Allahabad)

Document - Not sufficiently stamped and not duly registered, when it was so required - Cannot be admitted in evidence for any purpose. (2017(1) Civil Court Cases 594 (Hyderabad)

Illegal detention - State to pay compensation of Rs.1 lakh. (2017(2) Criminal Court Cases 344 (P&H)

No instructions - It is difficult for Courts to meet expenditure to issue notice to opposite party, who conveniently avoided process of Court, in case Advocate reported no instructions on behalf of his clients. (2017(2) Civil Court Cases 121 (Hyderabad)

Rejection of plaint - Suit for specific performance - Suit barred by limitation - Plaint rightly rejected. 2016(Suppl.) Civil Court Cases 252 (Rajasthan)

Suit filed by un-registered firm - Not maintainable against any party. 2017(1) Civil Court Cases 156 (P&H)

*Back window*

Ad interim injunction - Alienation - If defendant is permitted to alienate disputed property then it will give rise to multiplicity of suits, which is not legally permissible - Order of status quo, upheld. (2014(3) Civil Court Cases 234 (P&H)

Appeal against conviction - Appellant absconded - Not a ground for dismissal of his appeal. (2010(1) Criminal Court Cases 114   (P&H) (DB)

Contempt of Court  -  Once Court passes an order, parties cannot avoid implementation of that order by seeking refuge under any statutory rule - It is not open to parties to go behind orders and truncate effect of those orders. 2014(2) APEX COURT J 529 (S.C.)

Dishonour of cheque - Complaint before expiry of 15 days from the date on which notice is served - It is no complaint in the eye of law - Merely because at the time of taking cognizance period of 15 days has expired from the date on which notice has been served, Court is not clothed with jurisdiction to take cognizance. 2014(4) Civil Court Cases 305 (S.C.)

Dishonour of cheque - Money lender -  Not debarred from instituting complaint u/s 138 of the Act. (2014(3) Civil Court Cases 780 (Delhi)

Electricity - Meter burnt or completely non functional - Provision of Section 26(6) Electricity Act has no application. (2007(1) APEX COURT J 317 (S.C.)

Khasra entries - Do not convey title of suit property. (2014(3) APEX COURT J 590 (S.C.)

Lease deed - Unregistered - Payment of eleven times penalty under Stamp Act - Does not cure the basic defect of non registration of lease deed. (2014(3) Civil Court Cases 276 (P&H)

O.27.Rr.8-A & 8-B CPC are applicable only to the Government and not to instrumentality or agency of the State. (2014(3) Civil Court Cases 064 (S.C.)

Private defence - Exceeding right by one accused - Guilt of each accused, who had exceeded the right of private defence, has to be dealt with separately - Constructive liability as envisaged u/s 34 IPC is not attracted. 2014(2) APEX COURT J 520 (S.C.)

Res judicata - Where two or more suits have been disposed of by one common judgment but separate decrees, there can be no `former suit' as stipulated by S.11 CPC - Non filing of an appeal against one or more of those suits ought not to preclude the consideration of other appeals on merits and the principle of res judicata would be applicable to the judgment which is common and not to the decrees drawn on the basis of that common judgment. (2014(3) APEX COURT J 763 (S.C.)

Sale deed - Declaration sought by non executant that it is null and void - Required to pay fixed Court fee. 2014(4) Civil Court Cases 699 (M.P.)

Service - Temporary or ad hoc appointment - No person can be appointed even on temporary or ad hoc basis without inviting applications from all eligible candidates. (2014(3) APEX COURT J 374 (S.C.)

Specific performance - Sale consideration payable in instalments within the period stipulated in the agreement not paid - Plaintiff not entitled to decree of specific performance. (2014(3) APEX COURT J 262 (S.C.)

Test identification parade - Accused identified by the witnesses at the time of arrest itself - Holding identification parade would have been a futile exercise/inconsequential. (2010(1) Criminal Court Cases 789 (S.C.)

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