Friday, 7 July 2017

Consumer - Limitation - Loss or damage of insured goods -

*DAILY LEGAL UPDATES (05.07.2017)*
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Consumer - Limitation - Loss or damage of insured goods - Insurer caused delay in settlement of consumer's claim - Limitation cannot be strictly construed  where a supplier of goods or services caused delay in the settlement of consumer's claim. (2017(2) CIVIL COURT CASES 813 (S.C.)

Domestic Violence - "Adult male" in S.2(q) of the Act struck down and declared unconstitutional being violative of Article 14 of the Constitution - Proviso has no independent existence, having been rendered otiose, also stand deleted. 2017(1) Criminal Court Cases 001 (S.C.)

Maintenance u/s 125 Cr.P.C. - Principle of res judicata - Not applicable to criminal proceeding including proceedings u/s 125 Cr.P.C. (2017(2) Criminal Court Cases 822 (M.P.)

Permanent Lok Adalat - Does not simply adopt the role of an Arbitrator - Authority has to take recourse to conciliation mechanism - Matter adjudicated without conducting conciliation proceedings, held, not proper. 2016(Suppl.) Civil Court Cases 757 (Allahabad)

Rent & Eviction - Assignee/vendee - Tenant can challenge title of vendee if he has not attorned to the vendee - Payment of rent to vendee amounts to attornment which deprives him to challenge derivative title of vendee. (2017(1) APEX COURT J 256 (S.C.)

Res judicata and constructive res judicata - Principles applicable to criminal proceedings also. 2016(4) Criminal Court Cases 210 (Kerala)

Void document - A document void ab initio, can be ignored as a nullity and it is not necessary to have it set aside. (2017(2) CIVIL COURT CASES 703 (Bombay)

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Abetment - Doing something for the offender is not abetment - Doing something with knowledge so as to facilitate him to commit the crime or otherwise, constitutes abetment. (2007(1) APEX COURT J 066 (S.C.)

Bail - Offence u/ss 406, 420 IPC - Evidence not concluded within 60 days after the first date of recording of evidence of prosecution - Delay not attributable to accused - Accused remained in custody during all this period - Bail granted. (2010(1) Criminal Court Cases 203 (P&H)  

Co-sharer - Entitled to injunction against other co-sharer only when he is in exclusive possession. 2014(4) Civil Court Cases 173 (P&H)

Common questions framed and asked to all the accused - Do not subserve the requirements of Section 313 of the Code of Criminal Procedure. (2007(1) APEX COURT J 066 (S.C.)

Criminal trial - Magistrate accepting negative final report - Magistrate can take action on basis of protest petition - Plea of accused that having accepted final report Magistrate had become `functus officio' and was denuded of all powers to proceed in the matter not tenable. (2014(3) APEX COURT J 215 (S.C.)

Dishonour of cheque - Company - Director - The liability of a Director must be determined on the date on which the offence is committed. (2007(1) APEX COURT J 668 (S.C.)

Dishonour of cheque - Notice issued and served - Cheque again presented and again dishonoured - Complaint filed on the basis of second notice - Cause of action arises once - Complaint is not within time - Order taking cognizance set aside. (2010(1) Criminal Court Cases 618 (S.C.)  

Electronic record - Produced for inspection of Court is documentary evidence u/s 3 of Evidence Act. 2014(4) Civil Court Cases 535 (S.C.)

FIR - Name of every individual present at the scene of occurrence not required to be stated. (2010(1) Criminal Court Cases 031 (S.C.)

Maintenance u/s 125 Cr.P.C. - Admissions made in pleadings can be taken into consideration and acted upon. 2014(4) Civil Court Cases 366 (All.)

Mohammedan law - Gift  - Validity - Gift has to be unconditional - Conditional gift is valid but conditions are void. (2014(3) APEX COURT J 378 (S.C.)

Res judicata - Principles of res judicata do not apply where an order is passed by an authority which lacks inherent jurisdiction, the same being nullity. (2007(1) APEX COURT J 621 (S.C.)

Service - Erroneously withholding retiral benefits - Entitles employee to interest. (2014(3) APEX COURT J 526 (S.C.)

Statement u/s 313 Cr.P.C.  cannot form the sole basis of conviction. (2007(1) APEX COURT J 254 (S.C.)

Three dying declarations - Deceased was having acute pain - Minor discrepancies - Does not render it void - Dying declarations must be construed in proper perspective. (2010(1) Criminal Court Cases 631 (S.C.)  

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