DAILY LEGAL UPDATES IMPORTANT DECISIONS
(26.01.2018)
Attempt to murder - Approver - No corroboration to the statement of approver - Evidence of approver not reliable so as to record a conviction - Conviction set aside. (2014(1) Criminal Court Cases 483 (P&H)
Contraband - Non-compliance of provision of S.42 of the NDPS Act - Registration of FIR and communication of FIR to S.P. - Not sufficient compliance of S.42 of the Act - Procedure provided under Cr.P.C. and NDPS Act are separate procedures, which are exclusive of one another - Compliance of one, would not infer compliance of the other - Accused acquitted. (2016(1) Apex Court Judgments 054 (S.C.)
Contraband - Proceedings initiated by Sub Inspector holding charge of SHO - Proceedings quashed irrespective of the fact that State Govt. authorised Sub Inspectors of Police and Inspectors of Police posted as SHO to exercise power u/s 42 NDPS Act as power to be exercised under the NDPS Act should be exercised in a strict sense. (2017(4) Criminal Court Cases 785 (Rajasthan)
Dishonour of cheque - Issuance of three cheques for repayment of loan - Two cheque payable at place `G' and one at place `D' - All the three cheques dishonoured - All the three cheques were issued against one transaction - Complaint regarding dishonour of all the three cheques filed at place `G' is maintainable. (2016(1)Criminal Court Cases 218 (M.P.)
Domestic Violence - Petition filed u/s 12 of the Act referred to Lok Adalat - Award of Lok Adalat - Order can be enforced in the manner provided for enforcement of orders u/s 125 Cr.P.C. (2016(1)Criminal Court Cases 220 (Kerala)
Expert opinion - Can be sought by a party who relies upon a document. (2014(1) Civil Court Cases 493 (A.P.)
Jurisdiction - Courts where consequence of an offence occur have territorial jurisdiction to try the case. (2014(1) Criminal Court Cases 413 (Rajasthan)
Maintenance u/s 125 Cr.P.C. - Decree dissolving marriage on ground of adultery - Not entitled to maintenance. (2016(1) Criminal Court Cases 094 (Madras)
Medical negligence - Consumer Forums/Courts are at liberty to reject evidence of medical expert on scrutinizing and evaluating relevant evidences and other circumstances in order to adjudicate the appropriate standard of care required in cases of medical negligence arising from administration of anesthesia. (2017(3) Apex Court Judgments 675 (S.C.)
Specific performance - Escalation of prices not a ground to deny relief of specific performance. (2017(3) Apex Court Judgments 628 (S.C.)
Suit filed against a dead person - Impleading L.R's of deceased defendant - Law as to : (1) L.R's of deceased defendant can be implead as party to the suit U.O.1.R.10 CPC; (2) O.22.R.4 CPC is not applicable as said provision applies only when a defendantdies during pendency of suit; (3) There is no impediment in filing application U.O.1.R.10 CPC after dismissal of application U.O.22.R.4 CPC; (4) Dismissal of an application as not maintainable is not a bar to file an application which is maintainable; (5) Legal heirs of deceased defendant can be added in the array of parties U.O.1.R.10 r/w S.151 CPC subject to the plea of limitation as contemplated U.O.7.R.6 CPC and S.21 Limitation Act, to be decided during course of trial; (6) Impleading of a party - Court can add any person as a party at any stage of the proceedings, if the person whose presence is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit - Avoidance of multiplicity of proceedings is also one of the objects of the said provision; (7) Wrong provision of law - Mere wrong mention of the provision in the application does not prohibit a party to the litigation from getting justice. (2017(3) Apex Court Judgments 679 (S.C.)
(26.01.2018)
Attempt to murder - Approver - No corroboration to the statement of approver - Evidence of approver not reliable so as to record a conviction - Conviction set aside. (2014(1) Criminal Court Cases 483 (P&H)
Contraband - Non-compliance of provision of S.42 of the NDPS Act - Registration of FIR and communication of FIR to S.P. - Not sufficient compliance of S.42 of the Act - Procedure provided under Cr.P.C. and NDPS Act are separate procedures, which are exclusive of one another - Compliance of one, would not infer compliance of the other - Accused acquitted. (2016(1) Apex Court Judgments 054 (S.C.)
Contraband - Proceedings initiated by Sub Inspector holding charge of SHO - Proceedings quashed irrespective of the fact that State Govt. authorised Sub Inspectors of Police and Inspectors of Police posted as SHO to exercise power u/s 42 NDPS Act as power to be exercised under the NDPS Act should be exercised in a strict sense. (2017(4) Criminal Court Cases 785 (Rajasthan)
Dishonour of cheque - Issuance of three cheques for repayment of loan - Two cheque payable at place `G' and one at place `D' - All the three cheques dishonoured - All the three cheques were issued against one transaction - Complaint regarding dishonour of all the three cheques filed at place `G' is maintainable. (2016(1)Criminal Court Cases 218 (M.P.)
Domestic Violence - Petition filed u/s 12 of the Act referred to Lok Adalat - Award of Lok Adalat - Order can be enforced in the manner provided for enforcement of orders u/s 125 Cr.P.C. (2016(1)Criminal Court Cases 220 (Kerala)
Expert opinion - Can be sought by a party who relies upon a document. (2014(1) Civil Court Cases 493 (A.P.)
Jurisdiction - Courts where consequence of an offence occur have territorial jurisdiction to try the case. (2014(1) Criminal Court Cases 413 (Rajasthan)
Maintenance u/s 125 Cr.P.C. - Decree dissolving marriage on ground of adultery - Not entitled to maintenance. (2016(1) Criminal Court Cases 094 (Madras)
Medical negligence - Consumer Forums/Courts are at liberty to reject evidence of medical expert on scrutinizing and evaluating relevant evidences and other circumstances in order to adjudicate the appropriate standard of care required in cases of medical negligence arising from administration of anesthesia. (2017(3) Apex Court Judgments 675 (S.C.)
Specific performance - Escalation of prices not a ground to deny relief of specific performance. (2017(3) Apex Court Judgments 628 (S.C.)
Suit filed against a dead person - Impleading L.R's of deceased defendant - Law as to : (1) L.R's of deceased defendant can be implead as party to the suit U.O.1.R.10 CPC; (2) O.22.R.4 CPC is not applicable as said provision applies only when a defendantdies during pendency of suit; (3) There is no impediment in filing application U.O.1.R.10 CPC after dismissal of application U.O.22.R.4 CPC; (4) Dismissal of an application as not maintainable is not a bar to file an application which is maintainable; (5) Legal heirs of deceased defendant can be added in the array of parties U.O.1.R.10 r/w S.151 CPC subject to the plea of limitation as contemplated U.O.7.R.6 CPC and S.21 Limitation Act, to be decided during course of trial; (6) Impleading of a party - Court can add any person as a party at any stage of the proceedings, if the person whose presence is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit - Avoidance of multiplicity of proceedings is also one of the objects of the said provision; (7) Wrong provision of law - Mere wrong mention of the provision in the application does not prohibit a party to the litigation from getting justice. (2017(3) Apex Court Judgments 679 (S.C.)