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Tuesday 10 October 2017

Agreement to sell - Specific performance - Cuttings and interpolations

IMPORTANT DECISIONS(19.09.2017)

Agreement to sell - Specific performance - Cuttings and interpolations - Initialed by vendor - Cuttings and interpolations thus does not make the agreement doubtful. 2014(4) Civil Court Cases 499 (P&H) 

Civil & Criminal liability - Merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. (2010(1) Criminal Court Cases 779 (S.C.)  

Criminal and civil proceedings - Serious allegations, if, involve factum of recovery of money, it cannot be concluded that complaint is purely civil in nature when other serious allegations prima facie attract the penal provisions - Order quashing criminal proceedings set aside. (2015(1) Criminal Court Cases 637 (S.C.)

Delay of 12 hours in sending FIR to Illaqa Magistrate - Delay not explained - Possibility of ante-timing the same cannot be ruled out. (2010(1) Criminal Court Cases 873 (P&H) (DB)  

Dishonour of cheque - Notice - It is not the requirement of law that date of service of statutory notice is to be disclosed in complaint at the stage of summoning. (2016(1) Criminal Court Cases 851 (All.)  

Domestic violence - Committed before commencement of Act which continued even after passing of the Act - Wife is entitled for protection orders and residence orders u/ss 18 & 19 of the Act along with maintenance allowance. (2014(1) Criminal Court Cases 160 (S.C.) 

Economic offences - Serious charges of forgery - Settlement with bank - Proceedings cannot be quashed merely on the ground that accused has settled the amount with bank. (2016(1) Criminal Court Cases 154 (S.C.) 

Eye witnesses - Statement of eye witnesses recorded after three days of occurrence - No explanation - Eye witnesses not wholly reliable witnesses in view of their unexplained silence and delayed statement to police. (2016(2) Apex Court Judgments 347 (S.C.) 

Food adulteration - Right u/s 13(2) of Prevention of Food Adulteration Act exercised by one accused - CFL found sample deteriorated and not in a condition fit for analysis - Benefit of CFL report enures to the benefit of all accused - Proceedings quashed. (2016(2) Apex Court Judgments 215 (S.C.) 

Maintenance u/s 125 Cr.P.C. - Decree dissolving marriage on ground of adultery - Not entitled to maintenance. (2016(1) Criminal Court Cases 094 (Madras) 

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