Divorce–Cruelty to Husband–False Criminal Complaint–Even one such complaint is sufficient to constitute matrimonial cruelty; 2022(2) Law Herald (P&H) 1064 (DB)
Divorce–Cruelty to Husband–Irretrievable Breakdown of Marriage–Wife is not living with her husband for last twenty years–If wife is not ready to give divorce by mutual consent then that would amount to mental cruelty towards husband; 2022(2) Law Herald (P&H) 1064 (DB)
Divorce–Cruelty to Husband–Wife made all attempts to ensure that appellant and his parents are put in jail and the appellant is removed from his job–Divorce granted in favour of husband; 2022(2) Law Herald (P&H) 1064 (DB)
Lok Adalat–Award by Lok Adalat–An Award passed by the Lok Adalat is not a compromise decree; 2022(2) Law Herald (SC) 1055
Succession–Female Hindu dying intestate–Order of inheritance–The property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband–In case, a female Hindu dies leaving behind her husband or any issue, then the properties left behind including the properties which she inherited from her parents would devolve simultaneously upon her husband and her issues; 2022(2) Law Herald (SC) 999
Succession–Male Hindu dying intestate–Right of a widow or daughter to inherit–Property would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals; 2022(2) Law Herald (SC) 999
Voice Sample–Evidentiary Value–The sample itself would not be evidence, rather they are for comparing the evidence already collected; 2022(2) Law Herald (P&H) 1019
Voice Sample–Supreme Court has conceded powers to the Judicial Magistrate to order giving of voice samples for the purpose of investigation; 2022(2) Law Herald (P&H) 1019
Limitation–Preliminary Issue–Question of limitation can be considered as preliminary issue, if the issue of limitation is based on an admitted fact–However, if the facts surrounding the issue of limitation are disputed, it cannot be decided as a preliminary issue; 2022(2) Law Herald (SC) 1040
Limitation–Preliminary Issue–Suit for Recovery–Whether the claim of the appellant is barred by limitation cannot be isolated from the nature of the transactions between the parties–There are two conflicting versions on the nature of the business transactions–Thus, issue of limitation cannot be decided as preliminary issue; 2022(2) Law Herald (SC) 1040
SARFAESI–Powers of District Magistrate–Taking of Physical Possession–District Magistrate, after passing an order under Section 14, cannot stop the enforcement of the order by a subsequent order/direction for whatever reason as he has no jurisdiction to review or recall such order; 2022(2) Law Herald (P&H) 983 (DB)
SARFAESI–Powers of District Magistrate–Taking of Physical Possession–Proceeding under Section 14 of the SARFAESI Act is not akin to a suit since no adjudication is permitted by the District Magistrate; 2022(2) Law Herald (P&H) 983 (DB)
Rejection of Plaint–Cause of Action–Clever Drafting–If clever drafting of the plaint has created the illusion of a cause of action, the Court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage; 2022(2) Law Herald (SC) 968
Service Law–Disproportionate Punishment–Branch officer allegedly demanded bribe from the borrower–Borrower was an interested witness and there was no allegation of financial loss to the Bank–In service of period of 28 years, there are no allegations against appellant–Punishment substituted from that of removal of service to that of compulsory retirement; 2022(2) Law Herald (SC) 1045
Suit for Declaration–Adverse Possession–Suit for declaration claiming that the plea of adverse possession has matured into ownership is maintainable; 2022(2) Law Herald (SC) 951
Suit for Ownership–Succession–Limited Estate to wife in lieu of maintenance–Widow executed sale deed in favour of third party–Such property does not convert into absolute ownership–Therefore, sale deed executed by her qua her share would not be binding upon the son of the testator of will, and owner of property after her demise as per Will; 2022(2) Law Herald (SC) 1022
Accident–License–Whether a person holding licence for Light Motor Vehicle is entitled to drive Light Transport Vehicle–Matter referred to a larger Bench; 2022(2) Law Herald (SC) 1198
Bail–GST–Fake Invoices–Main accused had created bogus firms in the name of family members–All the three petitioners, who are ladies, were never aware as to what was being done on their behalf–Bail granted; 2022(2) Law Herald (P&H) 1155
Bail–NDPS–Call Records–Involvement on disclosure statement of co-accused–No transcript of call details between petitioner and co-accused produced–Mere call details would not be corroborative material–Bail granted; 2022(2) Law Herald (P&H) 1149
Withdrawal of Suit–Plaintiff is required to establish that the suit suffers from a formal defect or there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the same subject matter; 2022(2) Law Herald (P&H) 1043
Withdrawal of Suit–Without any application, the Court cannot permit to withdraw the suit with liberty to file a fresh one on same cause of action; 2022(2) Law Herald (P&H) 1043
Accident–Multiplier–Age of Deceased–The age of the deceased is the correct basis for selection of appropriate multiplier; 2022(2) Law Herald (SC) 1116
Accident–Multiplier–Split Multiplier–Method of determination of compensation applying two multipliers is erroneous; 2022(2) Law Herald (SC) 1116
Agreement to Sell–Dismissal of Suit–Making of a false averment in the plaint is not a ground for dismissal of the suit; 2022(2) Law Herald (P&H) 1265
Agreement to Sell–Readiness and Willingness–When agreement was challenged only on ground of it being forged then non proving of capacity to pay balance sale consideration cannot be held as fatal defect,; 2022(2) Law Herald (P&H) 1265
Agreement to Sell–Suspicious Circumstances–A Will may be discarded if it is surrounded by suspicious circumstances, but not an agreement to sell; 2022(2) Law Herald (P&H) 1265
Accident–License–Whether a person holding licence for Light Motor Vehicle is entitled to drive Light Transport Vehicle–Matter referred to a larger Bench; 2022(2) Law Herald (SC) 1198
Bail–GST–Fake Invoices–Main accused had created bogus firms in the name of family members–All the three petitioners, who are ladies, were never aware as to what was being done on their behalf–Bail granted; 2022(2) Law Herald (P&H) 1155
Bail–NDPS–Call Records–Involvement on disclosure statement of co-accused–No transcript of call details between petitioner and co-accused produced–Mere call details would not be corroborative material–Bail granted; 2022(2) Law Herald (P&H) 1149
Withdrawal of Suit–Plaintiff is required to establish that the suit suffers from a formal defect or there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the same subject matter; 2022(2) Law Herald (P&H) 1043
Withdrawal of Suit–Without any application, the Court cannot permit to withdraw the suit with liberty to file a fresh one on same cause of action; 2022(2) Law Herald (P&H) 1043
Accident–Multiplier–Age of Deceased–The age of the deceased is the correct basis for selection of appropriate multiplier; 2022(2) Law Herald (SC) 1116
Accident–Multiplier–Split Multiplier–Method of determination of compensation applying two multipliers is erroneous; 2022(2) Law Herald (SC) 1116
Agreement to Sell–Dismissal of Suit–Making of a false averment in the plaint is not a ground for dismissal of the suit; 2022(2) Law Herald (P&H) 1265
Agreement to Sell–Readiness and Willingness–When agreement was challenged only on ground of it being forged then non proving of capacity to pay balance sale consideration cannot be held as fatal defect,; 2022(2) Law Herald (P&H) 1265
Agreement to Sell–Suspicious Circumstances–A Will may be discarded if it is surrounded by suspicious circumstances, but not an agreement to sell; 2022(2) Law Herald (P&H) 1265
Accident–License–Fake Licence–Insurance Company was not able to prove that the owner of offending vehicle was aware that the license of the driver was fake and despite that it permitted him to drive–Owner not liable to pay; 2022(2) Law Herald (P&H) 1195
Bail–NDPS–Commercial Quantity–Merits of the case and the period of custody can be taken into consideration; 2022(2) Law Herald (P&H) 1253
Bail–NDPS–Commercial Quantity–Recovery from one transparent polythene carry bag lying on the foot rest of the scooter-two wheeler–Bail granted; 2022(2) Law Herald (P&H) 1253
Compromise Decree–Modification of Decree–Even assuming there is a mistake, a consent decree cannot be modified/altered unless the mistake is a patent or obvious mistake; 2022(2) Law Herald (SC) 1107
Compromise Decree–Modification of Decree–Plea of Mistake–Settlement Agreement was arrived at after detailed consultation and deliberations with involvement of their respective advocates–Thus, it cannot be said that there was a mistake committed while entering into a settlement agreement due to misunderstanding; 2022(2) Law Herald (SC) 1107
Dishonour of Cheque–Complaint by Company–Authorisation to file complaint–Dismissal of a complaint at the threshold by the Magistrate on the question of authorisation, would not be justified; 2022(2) Law Herald (SC) 1166
Dishonour of Cheque–Probable Defence–Advancement of Loan–Accused has the right to demonstrate that the complainant in a particular case did not have the capacity to lend loan; 2022(2) Law Herald (SC) 1193
Dishonour of Cheque–Probable Defence–Capacity to lend loan–Accused in the reply to the statutory notice, has not set up any case that the complainant did not have the financial capacity to advance the loan as contended in his defence version–Conviction upheld; 2022(2) Law Herald (SC) 1193
Maintenance–False Evidence–Income of Wife–Non disclosure of information about her job and her earnings–Deliberately and intentionally to grab maintenance, wrong information was submitted to the Court–Inquiry ordered against wife for making false assertions upheld; 2022(2) Law Herald (P&H) 1138
Joint Family Property–Payment to family members for vacating the premises and sharing of expenses would not prove joint ness of the property; 2022(2) Law Herald (P&H) 1276
Charges–Addition of Charges–Petitioner who is not the complainant in the case cannot ask for addition of particular offences in the case; 2022(2) Law Herald (P&H) 1160
Chowkidar–Appointment of–Appeal is maintainable before the Collector; 2022(2) Law Herald (P&H) 1275
Court Fees–Refund of–Compromise between the parties–Even if the suit was decreed in terms of settlement and was not withdrawn, the court fee would be refundable; 2022(2) Law Herald (P&H) 1202
Summoning of Witness–Summoning of District Magistrate as witness–District Magistrate accorded sanction for prosecution being the competent authority, under the Arms Act–Reader to District Magistrate is competent witness to prove public document–Order of Trial Court summoning the District Magistrate himself to appear and prove the order, set aside; 2022(2) Law Herald (P&H) 1128
Summons–Service through Adult Family Member–Petitioners have not attached the service report–Thus, whether there was likelihood of the respondent being found within a reasonable time cannot be ascertained–Service held to be proper; 2022(2) Law Herald (P&H) 1250
Contempt–Willful Disobedience–Jurisdiction of a Court under the Act, would not cease, merely because the order or decree, of which contempt is alleged, is executable under law, even without having recourse to contempt proceedings; 2022(2) Law Herald (SC) 1177
Permission to Travel Abroad–Additional Plea–High Court under Section 482 of CrPC can consider any additional/ancillary plea taken for first time and consider the same so as to grant permission to travel abroad; 2022(2) Law Herald (P&H) 1105
Permission to Travel Abroad–Imposition of Conditions–Amount due to the complainant is about Rs.1.85 Crores and 41 cases for dishonor of cheque are pending against the petitioner–Petitioner directed to furnish two sureties in the sum of Rs. 40 lacs each 2022(2) Law Herald (P&H) 1105
Permission to Travel Abroad–Residency Right–Petitioner being a permanent resident of foreign country and the said residency having an expiration date and in order to keep his said residency alive he is required to visit abroad–Permission granted; 2022(2) Law Herald (P&H) 1105
Permission to Travel Abroad–Right to Life–Right to travel abroad is an important basic human right and the said right also extends to private life-marriage, family and friendship; 2022(2) Law Herald (P&H) 1105
Custody of Child–Writ of Habeas Corpus–Custody of child aged 3 years with the father as a natural guardian cannot be said to be illegal or unlawful–Writ cannot be issued; 2022(2) Law Herald (P&H) 1210
Electronic Evidence–Call Details–Without the transcript of the conversations exchanged between the co-accused, mere call details would not be considered to be corroborative material in absence of substantive material found against the accused; 2022(2) Law Herald (P&H) 1149
Electronic Evidence–Certificate under S.65-B–Failure to produce certificate at the stage of charge sheet will not be fatal–The certificate is needed when recording is to be produced in trial as evidence; 2022(2) Law Herald (P&H) 1141
Written Statement–Non filing of–Within 120 days–Commercial Dispute–These provisions are not intended to override all other provisions of CPC like those of Section 10 CPC; 2022(2) Law Herald (SC) 1079
Written Statement–Non filing of–Within 120 days–Commercial Dispute–Without disposing of application for stay, permission for filing written statement declined being beyond 120 days–Impugned orders set aside–Written Statement directed to be taken on record ; 2022(2) Law Herald (SC) 1079
Execution of Decree–Unpartitioned Land–Even if the land is not partitioned, the petitioner/decree holder would have a right to enjoy the land in his possession to the extent of his share; 2022(2) Law Herald (P&H) 1184
Extortion–Quashing–Words “Boss to Boss” and “straight shooter” are used in Whatsapp message sent by the petitioner to the complainant–The “straight shooter” is, a straight forward and a forthright person–It does not mean literally to shoot with a firearm–FIR quashed; 2022(2) Law Herald (P&H) 1132
Maintenance–False Assertions–Wife intentionally did not disclose that she was gainfully employed–Inquiry ordered against wife for giving false evidence under S.340 CrPC upheld; 2022(2) Law Herald (P&H) 1138
Necessary Party–Impleadment of–Suit for Recovery–Defendant seeks to implead another defendant–There is no privity of contract between proposed defendant and the plaintiff–Thus, it cannot be construed as a necessary party–Application dismissed; 2022(2) Law Herald (P&H) 1161
Transfer Petition–Matrimonial Dispute–Merely because the applicant is a wife, the Court should not be swayed by emotions tilting towards fairer sex–Petition dismissed; 2022(2) Law Herald (P&H) 1208
