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Thursday 26 October 2017

Ad interim injunction - Defendant made a statement that he will not demolish the wall - I

*IMPORTANT DECISIONS (14.10.2017)*

*Ad interim injunction - Defendant made a statement that he will not demolish the wall - In view of statement case adjourned for filing written statement and reply to stay application - Written statement filed - Two days thereafter wall demolished - View taken by Courts below that statement of defendant that he shall not demolish wall was valid till filing of written statement which is a possible view - No illegality in the view taken by Courts below.  (2010(1) Civil Court Cases 269 (P&H)*

*Civil & Criminal liability - Merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. (2010(1) Criminal Court Cases 779 (S.C.)*

*Contempt of Courts - Default alleged though is unmistakably evident, but in the absence of any wilful or deliberate intention to commit the same, a person is not liable for contempt. (2017(3) Apex Court Judgments 080 (S.C.)*

*Criminal breach of trust & cheating - Non-payment of bill amount pertaining to contract between parties - Offence u/ss 406 & 420 IPC not made out. (2015(1) Criminal Court Cases 002 (S.C.)*

*Death of complainant - Held, death of complainant cannot ipso-facto bring about termination of criminal proceeding. (2014(1) Criminal Court Cases 573 (Allahabad)*

*Dishonour of cheque - Accused residing outside jurisdiction of Court - Inquiry/investigation u/s 202 Cr.P.C. - Held, provision of S.202 Cr.P.C. is not applicable to proceedings u/s 138 of Negotiable Instruments Act. (2014(3) Civil Court Cases 475 (P&H)*

*Dying declaration -  Even a statement given u/s 161 Cr.P.C. to a police officer may be regarded as a dying declaration. (2017(3) Criminal Court Cases 860 (Calcutta)*

*Offence u/ss 307, 452, 324, 323, 427 & 34 IPC - Compromise - Chances of conviction are remote and bleak  - FIR quashed. (2017(3) Criminal Court Cases 851 (P&H)*

*Tenancy agreement between employer and employee - Employee is under contractual obligation to vacate the quarter on his retirement. (2017(3) Apex Court Judgments 114 (S.C.)*

*Written statement -  Failure to make specific denial amounts to an admission. (2017(3) Apex Court Judgments 001 (S.C.)*

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