DAILY LEGAL UPDATES IMPORTANT DECISIONS
(25.01.2018)
Agreement to sell -
Not containing recital of delivery of possession - Not compulsorily registrable. (2017(1) Civil Court Cases 130 (P&H)Consumer -
Written statement - To be filed within 30 days of receipt of copy of complaint - Extension of 15 days can be granted but not beyond that. (2016(1) Apex Court Judgments 022 (S.C.)Contraband -
Mentioning of FIR number, Provision of law, at the top of consent memo and dissent memo - Fortifies contention of accused that these documents were prepared at later stage either in the police station or after recovery was affected - It points to falsity of case of prosecution - Accused acquitted. (2017(4) Criminal Court Cases 727 (P&H)Default bail
- Presentation of challan during pendency of application seeking default bail, does not take away the right of default bail. (2014(1) Criminal Court Cases 353 (P&H)Dishonour of cheque
- Cheque issued towards payment of banned chit fund business running without any license - Accused, is not liable as said liability or debt is not legally recoverable debt. (2016(1) Criminal Court Cases 262 (P&H)Dishonour of cheque - Loan - Proof of required funds to advance money has to be proved. (2014(1) Apex Court Judgments 020 (S.C.)
Investigation
- When Magistrate comes to conclusion that on facts no cognizable offence is made out, he can opt not to send complaint to police authorities for registration of case. (2017(4) Criminal Court Cases 861 (P&H)Judgment on admission
- Categorical admissions - Litigation should not be permitted to linger on. (2016(1) Civil Court Cases 308 (Delhi)
Recall of summoning order
- Magistrate has no power to review its own order. (2014(1) Apex Court Judgments 132 (S.C.)
Rejection of plaint
- Expression `barred by any law' - `Law' includes judicial decisions of the Apex Court. (2017(3) Apex Court Judgments 764 (S.C.)
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