IMPORTANT DECISIONS -Feb' 2018
Agreement to sell - Suit for specific performance - Seller terminated agreement - Suit for specific performance is not maintainable without seeking declaratory relief that termination of agreement is bad in law. (2014(1) Apex Court Judgments 081 (S.C.)
Consent decree - One party setting up compromise and the other party disputing it - Court passing decree after enquiry - Decree passed is not a consent decree. (2014(1) Civil Court Cases 538 (S.C.)
Dishonour of cheque - Signatures differ - Not sufficient funds in the account - Offence under the Act is made out. (2014(1) Civil Court Cases 039 (Kerala)
Domestic violence - Committed before commencement of Act which continued even after passing of the Act - Wife is entitled for protection orders. (2014(1) Apex Court Judgments 023 (S.C.)
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)
Gun shot from a close range of about two feet or less - Non blackening of skin - Perhaps it was prevented by vest and shirt which deceased was wearing. (2016(1) Criminal Court Cases 070 (S.C.)
Proof of a document - Neither mere admission of a document in evidence amounts to its proof nor mere marking of an exhibit of a document dispense with its proof, which is otherwise required to be done in accordance with law. (2016(1) Apex Court Judgments 016 (S.C.)
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.)
Sale deed - Execution of sale deed does not need any attesting witness like gift deed which requires at least two attesting witnesses at the time of its execution as per S.123 TPA. (2018(1) Apex Court Judgments 001 (S.C.)
Will - Probate - Limitation - Cause of action commences not from the date of death of testatrix but it is from the date of denial of validity of Will by objectors. (2018(1) Civil Court Cases 051 (Delhi) *
Agreement to sell - Suit for specific performance - Seller terminated agreement - Suit for specific performance is not maintainable without seeking declaratory relief that termination of agreement is bad in law. (2014(1) Apex Court Judgments 081 (S.C.)
Consent decree - One party setting up compromise and the other party disputing it - Court passing decree after enquiry - Decree passed is not a consent decree. (2014(1) Civil Court Cases 538 (S.C.)
Dishonour of cheque - Signatures differ - Not sufficient funds in the account - Offence under the Act is made out. (2014(1) Civil Court Cases 039 (Kerala)
Domestic violence - Committed before commencement of Act which continued even after passing of the Act - Wife is entitled for protection orders. (2014(1) Apex Court Judgments 023 (S.C.)
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)
Gun shot from a close range of about two feet or less - Non blackening of skin - Perhaps it was prevented by vest and shirt which deceased was wearing. (2016(1) Criminal Court Cases 070 (S.C.)
Proof of a document - Neither mere admission of a document in evidence amounts to its proof nor mere marking of an exhibit of a document dispense with its proof, which is otherwise required to be done in accordance with law. (2016(1) Apex Court Judgments 016 (S.C.)
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.)
Sale deed - Execution of sale deed does not need any attesting witness like gift deed which requires at least two attesting witnesses at the time of its execution as per S.123 TPA. (2018(1) Apex Court Judgments 001 (S.C.)
Will - Probate - Limitation - Cause of action commences not from the date of death of testatrix but it is from the date of denial of validity of Will by objectors. (2018(1) Civil Court Cases 051 (Delhi) *
