Abetment of suicide -

IMPORTANT DECISIONS (16.08.2017)

Abetment of suicide - Finding of harassment - Harassment is a lesser degree of cruelty - Finding of harassment does not lead to conclusion that there is `abetment of suicide' in absence of proof that accused subjected the victim to cruelty - In the instant case said vital link missing - Accused acquitted. (2017(2) APEX COURT J 513 (S.C.)

Death sentence - Brutal murder after rape of four years girl - While in jail accused pursuing studies - Jail record without any blemish -  Brutal murder completely outweigh the mitigating circumstances - Death sentence upheld. (2017(2) APEX COURT J 551 (S.C.)

Dishonour of cheque - Service of notice is presumed when notice is sent by registered post is returned with postal endorsement `refused' or `not available in the house'  or `house locked' or `shop closed' or `addressee not in station'. (2017(3) Civil Court Cases 001 (S.C.)

Exclusion of time - Pursuing of criminal remedy does not bring the case within the provision of S.14 of Limitation Act. (2017(3) Civil Court Cases 208 (P&H)

Maintenance - Can be enhanced as per changed circumstances - Rise in prices is changed circumstance. (2017(2) CIVIL COURT CASES 745 (H.P.)

Rent and eviction - Bona fide requirement - Merely because landlord has not examined the member of the family who intends to do business in the premises, he cannot be non suited in case he has otherwise established a genuine need. (2017(2) APEX COURT J 183 (S.C.) 0

Service - Promotion - Right of promotion does not crystallize on the date of occurrence of vacancy - Promotion is to be extended on the date when it is actually effected. (2017(2) APEX COURT J 523 (S.C.)

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Acknowledgement of debt - By e-mail - Constitutes valid and legal acknowledgment. (2014(2) Civil Court Cases 581 (Karnataka)

Anticipatory bail - Absconder - Should not be granted anticipatory bail. (2014(1) Criminal Court Cases 244 (S.C.)

Co-owner - A co-owner can always maintain a suit for eviction.   (2010(1) Civil Court Cases 014 (S.C.)  

Counter claim - Not a part of written statement - Plaintiff is at liberty to file written statement in answering the counter claim. (2014(2) Civil Court Cases 051 (Allahabad)

Custody of motorcycle given in dowry at the time of marriage - Registration in the name of petitioner - Vehicle was `stridhan' of respondent No.2 - Trial Court rightly directed the interim custody of vehicle to respondent No.2. (2014(1) Criminal Court Cases 436 (Rajasthan)

Dishonour of cheque - Accused cannot be permitted to lead his evidence by way of affidavit. (2010(1) Civil Court Cases 669  (S.C.)

Dishonour of cheque - Lawful consideration for issuance of cheque not stated in complaint and notice - Complaint and notice is not encyclopedia - Complainant in statement in Court, is always at liberty to clarify for what the cheque was issued. 2014(4) Civil Court Cases 257 (Raj.)

Dishonour of cheque - Probation - Merely because the cheque amount has been deposited by accused after a lapse of considerable period of 10 years it would not disentitle accused from the benefit of probation - Accused released on probation. (2014(1) Criminal Court Cases 456 (Rajasthan)

Divorce - Petition u/s 13(1) of Act cannot be converted to be one u/s 13-B of Act - A new petition u/s 13-B of Act is required  to be filed before District Court. 2014(4) Civil Court Cases 764 (Calcutta)

Domestic relationship - It is the relationship in the nature of marriage which is recognised by the Act and not a live-in relationship simplicitor. (2014(1) Criminal Court Cases 126 (S.C.)

Dowry death - Death caused by burns - Not necessary for prosecution to prove that death occurred otherwise than under normal circumstances as death due to burns comes under otherwise then under normal circumstances. (2015(1) Criminal Court Cases 778  (S.C.)

Expunging remarks against Advocate - While deciding lis conduct of counsel not to be commented upon nor mala fide should be imputed against counsel who is an Officer of Court - Adverse remarks ordered to be deleted from judicial record. (2014(3) Civil Court Cases 373 (P&H)

Family settlement - A family settlement can be among not only heirs of a particular class, but also can take in its fold, persons outside the purview of succession. (2010(1) Civil Court Cases 161 (A.P.)  

Injunction - Decree - It is binding on the subsequent assignee. (2014(3) Civil Court Cases 462 (Kerala)

Marriage -  Medical examination - There should be strong prima facie case and sufficient material to direct medical examination - Adverse inference has to be drawn if party fails for medical examination - Court cannot compel a party to undergo medical examination to which he is not willing. (2014(2) Civil Court Cases 083 (P&H)