21/02/2018
IMPORTANT DECISIONS
(21.02.2018)
Affidavit in lieu of examination-in-chief - Irrelevant depositions - Court can direct deponent to file fresh affidavit. (2016(1) Civil Court Cases 563 (All.)
Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes and bounds. (2016(1) Civil Court Cases 642 (P&H)
Criminal trial - Passing of judicial order in a printed form filing up blanks is not approved as proper. (2018(1) Criminal Court Cases 243 (Calcutta)
Criminal trial - Inquest report and post-mortem report - Not basic or substantive evidence. (2014(1) Apex Court Judgments 384 (S.C.)
Dishonour of cheque - Jurisdiction - Place where a cheque is delivered for collection has jurisdiction. (2016(1) Criminal Court Cases 545 (S.C.)
Dishonour of cheque - Proprietary concern - It is only the drawer of cheque who can be prosecuted. (2018(1) Civil Court Cases 111 (Kerala)
Divorce - Non disclosure of earlier marriage - Even if earlier marriage is annulled, non disclosure before entering into second marriage, amounts to cruelty. (2018(1) Civil Court Cases 132 (Rajasthan)
Quashing of proceedings - Allegations in FIR or complaint, if are accepted in their entirety, do not prima facie constitute any offence then proceedings are liable to be quashed. (2018(1) Apex Court Judgments 180 (S.C.)
Service - Suitability of a probationer - Inquiry for limited purpose cannot be faulted - However, if during course of such an inquiry any allegations are made which result into a stigma, employee must be afforded minimum protection which is contemplated u/Art.311(2) of Constitution of India. (2014(1) Apex Court Judgments 029 (S.C.)
Wrong decision made in other cases - Does not entitle others to get same relief. (2014(1) Apex Court Judgments 288 (S.C.)
