DAILY LEGAL UPDATES IMPORTANT DECISIONS  (23.01.2018) : LAWYERS IN CHENNAI


  • Agreement to sell - Decree of specific performance

Agreement to sell - Decree of specific performance - Relief of possession cannot be granted, by Executing Court, in absence of possession specifically prayed for in the suit - Judgment in case Nathu Ram Vs Chhotu Singh, 2012(4) Civil Court Cases 184 (P&H) holding otherwise held not a binding precedent in view of Adcon Electronics Pvt. Ltd.'s case, AIR 2001 SC 3712. (2016(1) Civil Court Cases 560 (P&H)

  • Contraband 



Contraband - Ante timed FIR - Recovery becomes doubtful and untrustworthy in absence of any corroboration by any other evidence. (2017(4) Criminal Court Cases 645 (Allahabad)

Contraband - Non-association of independent witness when lots of tourists were there - This shrouds the case of prosecution with suspicion. (2017(1) Criminal Court Cases 220 (H.P.)

  • Dishonour of cheque


Dishonour of cheque - complaint can be filed on the basis of dishonour of cheque for the second time even when action was not initiated on the earlier cause of action. (2014(1) Apex Court Judgments 001 (S.C.)

  • Domestic violence

Domestic violence - Relatives of husband - Absence of specific allegations - Proceedings quashed. (2016(1) Civil Court Cases 346 (Hyd.)

  • Economic offences 

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.)

  • Investigation - Private complaint 


Investigation - Private complaint - Offence u/s 13 Prevention of Corruption Act - Without prior sanction, Magistrate cannot entertain compliant and proceed with the same. (2017(4) Criminal Court Cases 673 (Patna)


  • Multiple dying declarations



Multiple dying declarations - Contradicting - Whichever of two dying declarations finds corroboration and is proved by attending circumstances, should be preferred over the one, which does not find corroboration. (2017(4) Criminal Court Cases 445 (Rajasthan)

  • Repayment of loan in instalments



Repayment of loan in instalments - Limitation - It is article 37 and not article 19 which is applicable - Court has to calculate limitation regarding each and every instalment. (2017(4) Civil Court Cases 637 (Chhatisgarh)

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