Decree of divorce by mutual consent obtained by producing a lady other than wife

IMPORTANT DECISIONS (24.08.2017)

Decree of divorce by mutual consent obtained by producing a lady other than wife -  Anticipatory bail refused to husband. (2017(3) Criminal Court Cases 345 (P&H)

Domestic Violence - Interim custody of child - Court can pass order granting temporary custody of child - However, Act is not a final remedy  for custody and guardianship issues of a minor child. (2017(3) Criminal Court Cases 357 (Delhi)

Interlocutory proceedings - Findings recorded while deciding interlocutory proceedings is confined to the disposal of interlocutory proceedings only. (2017(2) Apex Court Judgments 595 (S.C.)

Last seen - In the absence of proof of other circumstances, the only circumstance of last seen together and absence of satisfactory explanation cannot be made the basis of conviction. (2017(3) Criminal Court Cases 454 (S.C.)

Material alteration - Alteration in date so as to bring suit within period of limitation - It is a material alteration - It renders the document void. (2017(3) Civil Court Cases 328 (Madras)

Prevention of misuse of S.498-A IPC - Directions issued - These directions will not apply to offences involving tangible physical injuries or death:  (a) No arrest normally be effected till report of Family Welfare Committee, to be appointed in every district, is received; (b) Complaints u/s 498-A IPC may be investigated only by a designated Investigating Officer of the area and such designations may be made within one month from  the date of the judgment in the instant case; (c) In cases where settlement is reached, it will be open to District and Sessions Judge or any other senior Judicial officer nominated by him in the district to dispose of the proceedings including closing of criminal case if dispute primarily relates to matrimonial discord; (d) Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected; (e) District Judge or a designated senior judicial officer may club all connected cases between parties arising out of matrimonial dispute;  (f) Personal appearance of all family members and particularly outstation members may not be required and trial Court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of trial. (2017(2) Apex Court Judgments 723 (S.C.)

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Adverse possession - Computation of period - Purchaser of property can count the period of adverse possession only from the date of purchase - Period for which the original vendor held the property or for that matter the date of Mahazar could not be counted. (2016(2) Apex Court Judgments 001 (S.C.)

Arbitration award - Setting aside - Legal misconduct by arbitrator - Must be palpable from the proceedings - To substantiate a stance of legal misconduct, examination of any witness in Court is impermissible. (2016(1) Apex Court Judgments 144 (S.C.)

Charge - Cannot be framed simply on the basis of suspicion - However, charge can be framed on the basis of grave suspicion. (2014(1) Criminal Court Cases 628 (Rajasthan)

Contents of documents - Admitted to be true in examination in chief - However, in cross examination that admission was withdrawn - It is earlier part of the statement which carries weight. (2016(1) Apex Court Judgments 229 (S.C.)

Court questions - Court has a right to ask the party even relevant or irrelevant questions. (2014(2) Civil Court Cases 291   (S.C.)

Cruelty - Though girl friend of husband is not falling within ambit of `relative' but she can still be an abetter to an offence u/s 498-A of IPC. (2015(1) Criminal Court Cases 198 (Gujarat)

Dishonour of cheque -  Funds can be checked online at the bank branch where it was presented and cheque need not to be sent to the bank branch from where it was issued. (2010(1) Criminal Court Cases 661 (Gujarat)  

Dishonour of cheque - Delay - There is no hard and fast rule as to what constitutes sufficient cause to condone delay. (2016(1) Criminal Court Cases 735 (Kerala)

Disproportionate assets - Less than 10% of the total income -  Accused acquitted. (2016(1) Criminal Court Cases 494 (Sikkim)

Divorce -  Subsequent events which are established on the basis of non-disputed material brought on record can be taken into consideration. (2014(3) Civil Court Cases 293 (S.C.)

Dowry death - Cruelty - Mere demand of dowry at one or two instances may not attract the provision of S.304-B IPC though such demand might be an offence punishable u/s 498- A IPC. (2015(1) Criminal Court Cases 859 (S.C.)  

FIR - No delay in lodging FIR - Question of its manipulation does not arise. (2016(1) Criminal Court Cases 070 (S.C.)

Injured witness - Generally a reliable witness - Even an injured witness must be subjected to careful scrutiny if circumstances and materials available on record suggest that he may have falsely implicated some innocent persons. (2016(2) Apex Court Judgments 534 (S.C.)

Maintenance u/s 125 Cr.P.C. - Cannot be denied to  wife on the ground that husband has no means of income. (2016(1) Criminal Court Cases 439 (J&K)

Rent & Eviction - Landlord can seek eviction of a tenant from non residential building on ground of personal necessity. (2010(1) Civil Court Cases 316 (S.C.)  

Securitization and Reconstruction of Financial Assets - Secured creditor is entitled to proceed only against secured assets mentioned in notice u/s 13(2) of Act - However, in terms of S.13(11) of Act, secured creditor is also free to proceed first against guarantors or sell the pledged assets - But such guarantor, if aggrieved, cannot approach DRT u/s 17 of  SARFAESI Act, as that right is restricted only to persons aggrieved by steps u/s 13(4) of the Act proceeding for recovery against the secured assets. (2016(2) Apex Court Judgments 456 (S.C.)

State Police Chief can appoint a suitable and competent officer to investigate a case irrespective of limits of local jurisdiction of such officer. (2016(2) Apex Court Judgments 038 (S.C.)

Written statement - Absence of specific denial to the allegation made in plaint, is treated as admitted. (2016(1) Apex Court Judgments 433 (S.C.)