IMPORTANT DECISIONS

IMPORTANT DECISIONS

Admission - Transfer of interest in immovable property cannot pass by admission. (2016(1) Civil Court Cases 265 (P&H)

Adverse possession - Title of plaintiff denied - There is no question of having acquired title by adverse possession. (2016(1) Civil Court Cases 175 (S.C.)

Agreement to sell - Contingent contract depending upon certain conditions - If any of the conditions is not fulfilled seller is not bound to sell suit property and complete the sale even if purchaser waived the said conditions. (2016(1) Civil Court Cases 270 (S.C.)

Agreement to sell - Prompt filing of suit - Clearly indicates readiness and willingness. (2016(1) Civil Court Cases 199 (P&H)

Amendment of plaint -  Suit for recovery of advance - Amendment of plaint cannot be allowed to seek relief of specific performance. (2016(1) Civil Court Cases 069 (Kerala)

Dishonour of cheque - Accused residing outside jurisdiction of Court - Accused can be summoned without holding an enquiry u/s 202 Cr.P.C. (2016(1) Civil Court Cases 131 (Guj.)

Dishonour of cheque - Affidavit - Magistrate can summon accused on the basis of affidavit of verification of complaint without there being a separate affidavit of examination-in-chief. (2016(1) Civil Court Cases 131 (Guj.)

Dishonour of cheque - Issuance of three cheques for repayment of loan - Two cheque payable at place `G' and one at place `D' - All the three cheques dishonoured - All the three cheques were issued against one transaction - Complaint regarding dishonour of all the three cheques filed at place `G' is maintainable. (2016(1) Civil Court Cases 242 (M.P.)

Dishonour of cheque - Notice - Refusal - Cause of action to file complaint arises on the day on which payee gets back the returned notice. (2016(1) Civil Court Cases 008 (Kerala)

Dishonour of cheque - Premature complaint - Not maintainable. (2016(1) Civil Court Cases 230 (All.)

Dishonour of cheque - Prop. firm - Entire business taken over by Pvt. Ltd. Co. - Substitution of complainant can be allowed. (2016(1) Civil Court Cases 251 (Guj.)

Divorce - Wife suffering from Hepatitis B - Not a ground of divorce. (2016(1) Civil Court Cases 027 (P&H)

Divorce by mutual consent - Six months statutory waiting period waived as husband was to leave India for job purposes and it was not possible to return for a year or two. (2016(1) Civil Court Cases 038 (S.C.)

Ex parte order - Set aside - Party is to be relegated to the stage at which he was proceeded ex parte and not at the stage at which case is pending. (2016(1) Civil Court Cases 042 (P&H)

Execution - Claim petition cannot be entertained after proceedings have culminated in sale of attached property and a sale certificate is issued by executing Court. (2016(1) Civil Court Cases 010 (Hyd.)

Issues framed - Parties leading evidence - Trial Court to give its decision on all issues, notwithstanding the fact that suit may be decided on the basis of one technical issue. (2016(1) Civil Court Cases 061 (Uttarakhand)

Limitation - It is incumbent upon Court to satisfy itself that suit is not barred by limitation, regardless of whether such a plea has been raised by the parties. (2016(1) Civil Court Cases 082 (S.C.)

Local Commissioner - Encroachment - Report from Revenue Officer is always relevant. (2016(1) Civil Court Cases 216 (P&H)

Local Commissioner - Suit when not maintainable, Local Commissioner cannot be appointed. (2016(1) Civil Court Cases 047 (H.P.)

Lok adalat - Compromise - Signatures of counsel alone on compromise cannot bind the parties to lis. (2016(1) Civil Court Cases 066 (Kant.)

Maintainability of suit - It is for plaintiff to first establish his right and then seek remedy - Plaintiff has to stand on his own legs and cannot take advantage of the weakness of the defendant's case. (2016(1) Civil Court Cases 047 (H.P.)

Muslim women - Gender discrimination -  Muslim women are subjected to discrimination as there is no safeguard against arbitrary divorce and second marriage by her husband during currency of first marriage, resulting in denial of dignity and security to her - Matter needs consideration by Supreme Court thus, a separate PIL has to be registered and put up before appropriate Bench as per orders of Chief Justice of India. (2016(1) Civil Court Cases 049 (S.C.)

Notice u/s 80 CPC  - Issued after suit became time barred - Limitation period would not be extended for further two months as this provision would be irrelevant. (2016(1) Civil Court Cases 082 (S.C.)

Notice u/s 80 CPC - Not necessary when suit is filed against a Municipality. (2016(1) Civil Court Cases 175 (S.C.)

Possession - Payment of electricity consumption charges by itself cannot be taken as establishing possession of suit property. (2016(1) Civil Court Cases 096 (Hyd.)

Proof of a document - Neither mere admission of a document in evidence amounts to its proof nor mere marking of an exhibit of a document dispense with its proof, which is otherwise required to be done in accordance with law. (2016(1) Civil Court Cases 001 (S.C.)

Second Local Commissioner - When can be issued  - Analysed.  (2016(1) Civil Court Cases 088 (P&H)

Secondary evidence - If a party wishes to lead secondary evidence, Court is obliged to examine the probative value of the document produced in Court or their contents and decide the question of admissibility of a document in secondary evidence. (2016(1) Civil Court Cases 001 (S.C.)

Secondary evidence - Merely because the signatures in some of the documents are not legible and visible that cannot be a ground to reject the secondary evidence. (2016(1) Civil Court Cases 001 (S.C.)

Suit for declaration of title and possession - Plaintiff must prove his title independently - Decree cannot be awarded for the only reason that defendant has not been able to prove his title. (2016(1) Civil Court Cases 175 (S.C.)

Will 30 years old - No presumption can be drawn u/s 90 of Evidence Act - Will must be proved in terms of provision of S.63(c) of Succession Act and S.68 of Evidence Act. (2016(1) Civil Court Cases 090 (Raj.)

Wrong provision of law - Mere mention of a wrong provision is of no consequence when Court is vested with  required power under another provision of statute. (2016(1) Civil Court Cases 229 (Hyd.)