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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 April 2010

IMPORTANT DECISIONS


 Admission in pleadings - Admissible against that party proprio vigore. 2009(3) Civil Court Cases 220 (S.C.)

 Deposition of a witness - Truthful or not - Court while doing so can consider his conduct. 2009(3) Civil Court Cases 220 (S.C.)

 Dishonour of cheque - Cheque issued towards payment of amount due under a promissory note - Without proving execution of promissory note and the consideration for it, an offence u/s 138 of the Act is not made out. 2009(3) Civil Court Cases 265 (Kerala)

 Dishonour of cheque - Cheque reported lost - Not an offence u/s 138 NI Act. 2009(3) Civil Court Cases 001 (S.C.)

 Dishonour of cheque - Complaint transferred to Lok Adalat - Award of Rs.4 lacs - Award is executable in civil Court. 2009(3) Civil Court Cases 101 (Bombay)

 Divorce by mutual consent - One of the parties absent after waiting period of six months - If a party is absent for two to three days, Court cannot presume his/her consent. (S.C.) 082

 Identification of property - Survey Commission - Cannot be appointed without there being an application. 2009(3) Civil Court Cases 113 (Allahabad)

 Maintenance - Granted by civil Court - Not open to grant maintenance u/s 125 Cr.P.C. 2009(3) Civil Court Cases 034 (Bombay)

 Marriage - Major girl above 18 years has a choice to marry anyone she likes - Parents if do not approve intercaste or inter-religion marriage can only cut off social relations with the daughter but cannot give threats or commit or instigate acts of violence and cannot harass the person, as, such acts would be unlawful. 2009(3) Civil Court Cases 206 (S.C.)

 No instructions - Court should serve actual date notice upon the party concerned who had engaged that Advocate. 2009(3) Civil Court Cases 049 (P&H)

 Photocopy - can be exhibited once original document is produced for inspection. 2009(3) Civil Court Cases 171 (Delhi)

 Photocopy - of original can be produced - Original documents are only intended to be produced i.e. to be given inspection of while the copies are to be filed - Use of words 'produce' and 'filed' in O.13.R.1 CPC means that it is production of originals for inspection only and filing of copies only. 2009(3) Civil Court Cases 171 (Delhi)

 Plaint - Amendment - Court can allow amendment when such an amendment is bona fide and it does not cause injustice to the other side and it does not affect the right already accrued to the defendant. 2009(3) Civil Court Cases 155 (S.C.)

 Rent & Eviction - Arbitration clause - Eviction petition cannot be referred to Arbitrator. 2009(3) Civil Court Cases 044 (P&H)

 Rent & Eviction - Arbitration clause - When claim is of mere recovery of lease amount then dispute can be referred to arbitrator. 2009(3) Civil Court Cases 103 (P&H)

 Report of finger print expert on record of a criminal Court - Civil Court is competent to call for the same. 2009(3) Civil Court Cases 054 (S.C.)

 Right to Information - Co-operative society - Bound to act in conformity with the obligations in Chapter II of the Act. 2009(3) Civil Court Cases 273 (Kerala)

 Signatures - Sometimes signing and sometimes thumb marking - Illiterate person - Not of much significance. 2009(3) Civil Court Cases 069 (Allahabad)

 Terms of unregistered document reproduced in pleading - Not expressly denied by the opposite party - Do not constitute an admission. 2009(3) Civil Court Cases 019 (P&H)

 True character of document - when questioned then extrinsic evidence by way of oral evidence is admissible. 2009(3) Civil Court Cases 220 (S.C.)

 Will - Mental condition - Testator's mental condition both prior and later to the date of execution of Will is relevant. 2009(3) Civil Court Cases 122 (S.C.)


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 4 Replies

N.K.Assumi (Advocate)     08 April 2010

Raj, thank you very much for your benovelance in providing such important decision of the Supreme Court. But it would have been much better if the names of the parties were mentioned in the citation. Once again thank you for sharing your great works.

Unbiased Advice (Advocate)     08 April 2010

Raj ji, Can you Explain the following Decisions in little detail?

 

Maintenance - Granted by civil Court - Not open to grant maintenance u/s 125 Cr.P.C. 2009(3) Civil Court Cases 034 (Bombay)

 

Divorce by mutual consent - One of the parties absent after waiting period of six months - If a party is absent for two to three days, Court cannot presume his/her consent. (S.C.) 082

 

Admission in pleadings - Admissible against that party proprio vigore. 2009(3) Civil Court Cases 220 (S.C.)

Suryanarayana Tangirala (Advocate)     08 April 2010

Thank u Rajkumar Sir for updating us with good useful judgments

satyen (student)     07 September 2010

sir please explain about

 Admission in pleadings - Admissible against that party proprio vigore. 2009(3) Civil Court Cases 220 (S.C.)

 Right to Information - Co-operative society - Bound to act in conformity with the obligations in Chapter II of the Act. 2009(3) Civil Court Cases 273 (Kerala)


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