//
archives

Trial Court

This tag is associated with 278 posts

Sec.138 ,139 and sec. 118 of N.I.Act – Burden of proof – when the complainant not able to say the date when the amount was given – when failed to produce source of income – when gave contradictory statement about filling of cheque whether by accused or by himself – when there is no pleading that cheque was filled with the consent of accused – mere lack of issuing a reply notice and mere non putting a suggestion that the cheque was a blank cheque are not countable points to over throw the positive admissions made by the complainant – Lower court rightly dismissed the complaint – High court wrongly with out assigning valid reasons convict the accused – Apex court set aside the high court orders = John K. Abraham …. Appellant VERSUS Simon C. Abraham & Another …. Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41045

 Sec.138 ,139 and sec. 118 of N.I.Act – Burden of proof  – when the complainant not able to     say the date when the amount was given – when failed to produce source of income – when gave contradictory statement about filling of cheque whether by accused or by himself – when there is … Continue reading

Or. 47 rule 1 C.P.C. = Review of it’s own judgement basing on fresh documents & fresh thoughts – not correct = Or.1, rule 10 impleading a party with out asking for any relief against him is maintainable as the very purpose of impleading is only for having full and final settlement and to avoid multiple proceedings = N.ANANTHA REDDY Petitioner(s) VERSUS ANSHU KATHURIA & ORS. Respondent(s) = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41043

 Or. 47 rule 1 C.P.C. = Review of it’s own judgement basing on fresh documents & fresh thoughts – not correct – Review of it’s judgement arose only in case of patent errors occurred in earlier judgement but not on fresh out look of the case  – High court confirmed the order of lower court when … Continue reading

By reason of the Limitation Act, 1963 the legal position as was obtaining under the old Act underwent a change. In a suit governed by Article 65 of the 1963 Limitation Act, the plaintiff will succeed if he proves his title and it would no longer be necessary for him to prove, unlike in a suit governed by Articles 142 and 144 of the Limitation Act, 1908, that he was in possession within 12 years preceding the filing of the suit. On the contrary, it would be for the defendant so to prove if he wants to defeat the plaintiff’s claim to establish his title by adverse possession. =Md. Mohammad Ali (Dead) By LRs. RESPONDENT: Sri Jagadish Kalita & Ors. = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=19379

By reason of the Limitation Act, 1963 the legal position as was obtaining under the old Act underwent a change. In a suit governed by Article 65 of the 1963 Limitation Act, the plaintiff will succeed if he proves his title and it would no longer be necessary for him to prove, unlike in a … Continue reading

Death sentence converted in to 30 years without remission = not a fit case where the death sentence awarded to the appellants should be affirmed.= ends of justice would meet if they are awarded the sentence of 30 years without remission. The facts and circumstances involved in the instant case do not meet the requirement of rarest of rare cases as explained hereinabove and we are of the considered view that it is not a fit case where the death sentence awarded to the appellants should be affirmed. Considering the current trend in view of the judgment of this Court in Swamy Shraddanand (2) @ Murali Manohar Mishra v. State of Karnataka, (2008) 13 SCC 767 which has subsequently been followed by this Court as is evident from the judgments in State of Uttar Pradesh v. Sanjay Kumar, (2012) 8 SCC 537; and Gurvail Singh @ Gala v. State of Punjab, (2013) 2 SCC 713, we are of the considered opinion that ends of justice would meet if they are awarded the sentence of 30 years without remission. = Madhu @ Madhuranatha & Anr. …Appellants Versus State of Karnataka …Respondent = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41020

Death sentence converted in to 30 years without remission =   not a fit case where  the           death  sentence  awarded  to  the  appellants  should   be   affirmed.= ends  of         justice would meet if they  are  awarded  the  sentence  of  30  years         without remission.   … Continue reading

Apex court allowed the appeal and condoned the delay and remand the matter to lower court for payment of deficit court fee = Bona fide financial constraint is a valid ground for seeking extention of time for payment of court fee – If the plaintiff is unable to pay court fee, he is at liberty to approach the jurisdictional district legal service authority and Taluk Legal Services Committee seeking for grant of legal aid for sanction of court fee amount payable on the suit before the trial court. = Delay can be condoned not on pure technical points but on equity of justice = When nothing is there to find a fault on the affidavit of the petitioner, it can be considered as a valid ground for allowing the petition = MANOHARAN …APPELLANT Vs. SIVARAJAN & ORS. …RESPONDENTS = http://judis.nic.in/supremecourt/imgst.aspx?filename=40990

Apex court allowed the appeal  and condoned the delay and remand the matter to lower     court for payment of deficit court fee =      Bona fide financial constraint is a valid ground for seeking extention of time for payment of court fee – If the plaintiff is unable to pay court fee, he  is  at  liberty  to  approach … Continue reading

Section 8 of the Hindu Minority and Guardianship Act, 1956 = selling of minor’s property with definite share is void even by natural guardian with out permission of the court – a minor or any person having interest in minor can question the same – father died – 3 daughters and their mother as legal heirs – 1/4 th share each got – mutation to that effect – sale is void against the minor in the absence of court permission = SAROJ … APPELLANTS VERSUS SUNDER SINGH & ORS. … RESPONDENTS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40989

Section 8 of the Hindu Minority and Guardianship Act, 1956  = selling of minor‘s property with definite share is void even by natural guardian with out permission of the court – a minor or any person having interest in minor can question the same – father died – 3 daughters and their mother as legal … Continue reading

The Protection of Women from Domestic Violence Act, 2005 = whether acts committed prior to the coming into force of the Protection of Women from Domestic Violence Act, 2005 and which fall within the definition of the term ‘Domestic Violence’ as informed in the Act could form the basis of an action.” = SARASWATHY …. APPELLANT VERSUS BABU ….RESPONDENT = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40988

whether         acts committed prior to the coming  into force  of  the  Protection  of       Women from Domestic Violence  Act,  2005  and  which  fall  within  the       definition of the term ‘Domestic Violence’ as informed in the Act could       form the basis of an action.” … Continue reading

When the Magistrate can add additional sections himself on the a petition of Complainant /informant after filing a charge sheet by police ? = If F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, a Magistrate can not add additional sections after filing charge sheet , only trial court under sec.211 at the time of trial add the same : STATE OF GUJARAT ..Appellant Versus GIRISH RADHAKRISHNAN VARDE ..Respondent = http://courtnic.nic.in/supremecourt/qrydisp.asp

  When the Magistrate can add additional sections himself on the a petition of Complainant /informant after filing a charge sheet by police ? =   If  F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, … Continue reading

Specific Relief Act, 1963 – Agreement to sell land – Non-execution of – Suit for specific performance – Grant of decree and plea of seller that time was essence of contract rejected – However, High Court setting aside the decree – Validity of – Held: Recital in the agreement that earnest money would be forfeited upon failure to execute agreement within stipulated period makes it clear that parties never intended time to be essence of contract – More so, seller did not prove his plea – Thus, decree granted by trial court upheld – Buyer directed to deposit balance consideration amount and seller would execute sale deed. = PETITIONER: Balasaheb Dayandeo Naik (Dead)through LRs & Ors RESPONDENT: Appasaheb Dattatraya Pawar = published in http://judis.nic.in/supremecourt/helddis.aspx

Specific Relief Act, 1963 – Agreement to sell land – Non-execution of – Suit for specific performance – Grant of decree and plea of seller that time was essence of contract rejected – However, High Court setting aside the decree – Validity of – Held: Recital in the agreement that earnest money would be forfeited … Continue reading

Indian Easements Act, 1882 – s.13(b) – Easement rights – Easement by grant – Suit for declaration of easement rights over `B’ schedule property of the plaint as a pathway to `A’ schedule property of the plaint – `A’ Schedule property had been allotted to plaintiff in terms of a settlement deed – `B’ Schedule pathway was situated within property under control and use of defendants – Held: Grant can be by implication as well – There was implied grant of `B’ schedule property as pathway, which can be inferred for the reason that no other pathway was provided to plaintiff for access to `A’ schedule property and there was also no objection from defendants to use of `B’ schedule property by plaintiff as pathway for number of years, at least up to the time, when alone cause of action for the suit arose – Plaintiff acquired right of easement in respect of `B’ schedule pathway by way of implied grant. = Sree Swayam Prakash Ashramam & Anr. …Appellants VERSUS G. Anandavally Amma & Ors. …Respondents = published in http://judis.nic.in/supremecourt/helddis.aspx

Indian Easements Act, 1882 – s.13(b) – Easement rights – Easement by grant – Suit for declaration of easement rights over `B’ schedule property of the plaint as a pathway to `A’ schedule property of the plaint – `A’ Schedule property had been allotted to plaintiff in terms of a settlement deed – `B’ Schedule … Continue reading

Blog Stats

  • 2,873,445 hits

ADVOCATE MMMOHAN

archieves

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,905 other followers

Follow advocatemmmohan on WordPress.com