DAILY LEGAL UPDATES IMPORTANT DECISIONS (29.01.2018) ; Rajendra Law office

DAILY LEGAL UPDATES IMPORTANT DECISIONS (29.01.2018)

Complaint u/s 156(3) Cr.P.C. 


Lodging information with police u/s 154(1) and in case of inaction then reporting matter to SSP concerned, is obligatory for complainant, for passing of an order u/s 156(3) Cr.P.C. (2018(1)Criminal Court Cases 243 (Calcutta)

Cr.P.C. 125 - Maintenance - Amendment of petition - Amendment can be allowed. (2016(1) Civil Court Cases 442 (Calcutta)

Dishonour of cheque - Notice - Period of 30 days for issuance of notice starts when `information' was received on visit to Bank - Notice not issued within 30 days of receiving `information' about dishonour of cheque - Complaint quashed. (2014(1) Criminal Court Cases 430 (S.C.)

Dying declaration - Can be made at any time and in the presence of anyone. (2016(3) Criminal Court Cases 720 (H.P.)

Leading questions - Should be allowed to be put to the witness - However, impact of leading questions, if any, should be assessed considering the facts of each case. (2018(1) Criminal Court Cases 049 (Gujarat)

Marriage 

 During subsistence of first marriage of wife - Void - Either party may seek marriage to be a nullity - However, situations, may arise when recourse to a court for a declaration regarding the nullity of marriage, claimed by one of the spouses to be a void marriage, will have to be insisted upon in departure to the normal rule. (2013(1) Apex Court Judgments 079 (S.C.)

Private complaint 


- Impleadment of stranger - Not permissible. (2014(1) Criminal Court Cases 030 (Kerala)

Rebuttal evidence - Additional issue framed after closure of evidence by plaintiff - Plaintiff allowed to lead rebuttal evidence. (2018(1) Civil Court Cases 079 (P&H)

Registration 

- Transfer of ownership - No antecedent title vested in transferees - In absence of registration, document is nullity in the eyes of law. (2018(1) Civil Court Cases 108 (Allahabad)

Service - Appointment only after police verification - Order set aside as police verification takes lot of time - However, appointments shall be subject to police verification. (2016(1) Apex Court Judgments 030 (S.C.)

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