Wednesday, 12 July 2017

Contempt of Court - Willful or deliberate disobedience - Court can form an opinion only after affording an opportunity to file reply and hearing the appellant

*DAILY LEGAL UPDATES (12.07.2017)*

Contempt of Court - Willful or deliberate disobedience - Court can form an opinion only after affording an opportunity to file reply and hearing the appellant. (2017(1) APEX COURT J 774 (S.C.)

Dispute of civil nature - By itself is no ground to quash the proceedings - It is only after collection of evidence, real nature of dispute can be found - Proceedings cannot be quashed at the stage of investigation. 2016(Suppl) Criminal Court Cases 295 (Bombay)

FIR - Registration of FIR is compulsory/mandatory, if information given to police discloses commission of a cognizable offence. (2017(1) Criminal Court Cases 395 (H.P.)

Maxim - `verba chartarum fortius accipiuntur contra proferentem' - Meaning - Ambiguity in the wording of policy is to be resolved against the party who prepared it. 2016(3) APEX COURT J 325 (S.C.)

Recall of a witness - Change of counsel - Not a ground to recall witness. (2017(2) Criminal Court Cases 178 (H.P.)

Senior Citizen - Mother allowed to live in the house alongwith her daughter - Plea that there is no provision in the Act for reinstatement of daughter - Mother instead of engaging an attendant, desired to be taken care of by her daughter - There is little reason for son to feel aggrieved. (2017(1) Civil Court Cases 745 (Calcutta)

Substitution of L.R's - O.22.Rr.3, 4 CPC is not applicable to execution proceedings. (2017(1) Civil Court Cases 504 (Allahabad)

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Administrative law - A Rule becomes operative only from the date of its promulgation by publication in the Official Gazette. 2014(2) APEX COURT J 076 (S.C.)

Arbitration award - Objection with regard to competence/jurisdiction of Arbitral Tribunal cannot be raised for the first time in Court. (2014(3) Civil Court Cases 073 (S.C.)

Counter-claim - For all intents and purposes must be understood as suit - `Counter-claim' is tried jointly with suit filed by plaintiff and has same effect as cross-suit - For all intents and purposes `counter-claim' is treated as plaint and is governed by rules applicable to plaints - `Counter-claim' cannot be allowed to proceed where defendant has already instituted suit against plaintiff on same cause of action. 2014(2) APEX COURT J 584 (S.C.)

Dishonour of cheque - Cheque signed on its face and on the reverse - Goes to show that the said cheque was intended to be used as a 'self cheque' and not issued by accused to any other person. (2010(1) Criminal Court Cases 544 (Karnataka)  

Dishonour of cheque - Jurisdiction - Place, situs or venue of judicial inquiry and trial of offence must be restricted to where the drawee bank is located i.e. territorial jurisdiction is restricted to Court within whose local jurisdiction  the offence was committed i.e. where cheque is dishonoured by the bank on which it is drawn. (2014(3) APEX COURT J 055 (S.C.)

Divorce - Cruelty - Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. (2007(1) APEX COURT J 634 (S.C.)

Dying declaration - In two parts - Contradictory to each other - First part tutored - Second part inspires confidence so as to consider it to be a dying declaration. 2014(2) APEX COURT J 678 (S.C.)

Expunging remarks against Advocate - While deciding lis conduct of counsel not to be commented upon nor mala fide should be imputed against counsel who is an Officer of Court - Adverse remarks ordered to be deleted from judicial record. (2014(3) Civil Court Cases 373 (P&H)

Gift of immovable property - Right to use property during lifetime of donor retained - It does not in any way affect transfer of ownership in favour of donee by donor - Gift is valid. (2014(3) APEX COURT J 113 (S.C.)

Insecticides - Sample taken from sealed container - Properly stored - It is the manufacturer and not the stockist/dealer/distributor who is liable - Proceedings quashed.  (2010(1) Criminal Court Cases 606 (P&H)  

Marriage of a girl below 18 years of age is void - Police protection not provided to such a run away marriage. (2010(1) Criminal Court Cases 678 (P&H)  

News Report - In civil cases contemporaneous publication of news reporting about cause of accident cannot be brushed aside. (2014(3) Civil Court Cases 644 (Kerala)

Partnership firm - Unregistered - Subsequent registration of firm - Does not cure the initial defect in filing of suit. (2007(1) APEX COURT J 340 (S.C.)

Pleadings have to be true to the knowledge of the parties - In case, the pleading taken by the petitioner is true, he cannot ask for ignoring the same. 2014(2) APEX COURT J 048 (S.C.)

Registered document - Terms of document can be varied/altered by a registered document only. (2014(3) Civil Court Cases 023 (Delhi)

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