IMPORTANT DECISIONS TAKEN BY HON'BLE APEX COURT AND VARIOUS HIGH COURTS (with relevant citations) Feb 2018
Counter Claim- Counter claim by plaintiff against counter claim of defendant - Permissible. (2013(1) Civil Court Cases 176 (Kerala)
Dishonour of cheque - Complaint against partners of firm without arraigning partnership firm as an accused is not maintainable. (2016(1) Civil Court Cases 516 (Kerala)
Domestic Violence - Mother-in-law and married sister-in-law of victim, do not come within the definition of shared household and therefore, does not come in domestic relationship - Proceedings against applicants quashed. (2018(1)Criminal Court Cases 194(Uttarakhand)
Counter Claim- Counter claim by plaintiff against counter claim of defendant - Permissible. (2013(1) Civil Court Cases 176 (Kerala)
Dishonour of cheque - Complaint against partners of firm without arraigning partnership firm as an accused is not maintainable. (2016(1) Civil Court Cases 516 (Kerala)
Domestic Violence - Mother-in-law and married sister-in-law of victim, do not come within the definition of shared household and therefore, does not come in domestic relationship - Proceedings against applicants quashed. (2018(1)Criminal Court Cases 194(Uttarakhand)
Executive Power - Every action of the State or an instrumentality of the State in exercise of its executive power, must be informed by reason. (2014(1) Apex Court Judgments 138 (S.C.)
Execution - Framing of issues is not mandatory in deciding an execution petition - However when factual controversies are involved Court to frame all "points of controversy" and pass an order distinctively on each such point framed. (2014(1) Civil Court Cases 108 (Raj.)
Exhumation of body - Post mortem not conducted as family members did not found any foul play at the time of death - Body was buried - Subsequent developments of finding of telephone conversations and empty pesticide bottle under the bed of deceased - Cause of death becoming relevant - To ascertain cause of death post mortem is necessary - Direction issued to exhume the body of deceased. (2018(1) Criminal Court Cases 258 (Madras)
Natural justice - Penal order cannot be passed without giving notice and hearing to the affected person. (2013(1) Apex Court Judgments 176 (S.C.)
Rent & Eviction - Sub letting - Plea that sub tenant is an employee - Name of employee not intimated to authority as per statutory requirement - Adverse inference rightly drawn against tenant. (2018(1) Civil Court Cases 001 (S.C.)
Sale deed - Proof - Provision of S.68 of Evidence Act which deals with examination of attesting witness to prove execution of a document, does not apply to sale deed which is governed by S.54 of TPA. (2018(1) Apex Court Judgments 001 (S.C.)
Secondary evidence - Merely because the signatures in some of the documents are not legible and visible that cannot be a ground to reject the secondary evidence. (2016(1) Apex Court Judgments 016 (S.C.)
Execution - Framing of issues is not mandatory in deciding an execution petition - However when factual controversies are involved Court to frame all "points of controversy" and pass an order distinctively on each such point framed. (2014(1) Civil Court Cases 108 (Raj.)
Exhumation of body - Post mortem not conducted as family members did not found any foul play at the time of death - Body was buried - Subsequent developments of finding of telephone conversations and empty pesticide bottle under the bed of deceased - Cause of death becoming relevant - To ascertain cause of death post mortem is necessary - Direction issued to exhume the body of deceased. (2018(1) Criminal Court Cases 258 (Madras)
Natural justice - Penal order cannot be passed without giving notice and hearing to the affected person. (2013(1) Apex Court Judgments 176 (S.C.)
Rent & Eviction - Sub letting - Plea that sub tenant is an employee - Name of employee not intimated to authority as per statutory requirement - Adverse inference rightly drawn against tenant. (2018(1) Civil Court Cases 001 (S.C.)
Sale deed - Proof - Provision of S.68 of Evidence Act which deals with examination of attesting witness to prove execution of a document, does not apply to sale deed which is governed by S.54 of TPA. (2018(1) Apex Court Judgments 001 (S.C.)
Secondary evidence - Merely because the signatures in some of the documents are not legible and visible that cannot be a ground to reject the secondary evidence. (2016(1) Apex Court Judgments 016 (S.C.)
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