March 2020

[DIVISION BENCH] Divorce—By Mutual Consent—No appeal can lie against a consent decree but if a consent decree is obtained due to coercion, fraud etc, then only can Court can set it aside

By | March 24th, 2020|Categories: Matrimonial Cases|

Summoning of Witness—Belated Stage—Application for summoning of witnesses can be filed at any stage of trial even after final arguments but before the pronouncement of judgment

By | March 24th, 2020|Categories: Evidence - Criminal Cases|

Exparte Decree—Order passing Exparte Decree is not supported by the documents; like the service report and the copy of the summons–Presumption attached to the correctness of the judicial order, stands deprived

By | March 24th, 2020|Categories: Exparte Decree|

Summary Suit for Recovery—Leave to Defend—Once some reasoning was given in the application seeking leave to defend for delay in filing then a separate application for condonation of delay is not necessary

By | March 24th, 2020|Categories: Condonation of Delay|

Local Commissioner—Report on Encroachment—Local Commissioner should confine himself to only the demarcation of properties according to the revenue records without expressing any opinion on encroachment which is the judicial function

By | March 24th, 2020|Categories: Local Commissioner|

IMP :: Legal search report (LSR) HELD Advocates—Professional Misconduct—There is a world of difference between the giving of improper legal advice and the giving of wrong legal advice. At the most, he may be liable for gross negligence or professional misconduct if it is established by acceptable evidence and cannot be charged for the offence under Sections 420 and 109 of IPC

By | March 16th, 2020|Categories: Quashing|

Attempt to Murder—Bail-Petitioner has given a severe blow to an old age person of 71 years, but the fact remains that there is cross-version also and a private complaint to that effect, is pending before the Court of competent jurisdiction

By | March 11th, 2020|Categories: Bail Granted|

Illegal Detention—Exemplary Costs—Detention of the petitioner for four days till registration of FIR which later found to be false—State burdened with exemplary cost of Rs. 1 lac to be paid to the petitioner and the same be recovered from the erring police officials

By | March 11th, 2020|Categories: Quashing|

[DIVISION BENCH] Witness—Unreliable Material Witness—When statement of material witness of prosecution (Complainant) is not worth of credence, then no weightage can be given to the statement of other witnesses of prosecution

By | March 10th, 2020|Categories: Acquittal|

Deceased was 22 years of age working as Life Adviser with private Insurance company—In absence of documentary evidence with regard to the actual income of deceased, income rightly taken as Rs.4000/- per month

By | March 10th, 2020|Categories: Income|