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DAILY LEGAL UPDATES IMPORTANT DECISIONS
(27.01.2018)
Abetment of suicide
It is not what deceased `felt’ but what accused `intended’ by his act which is more important in reference to S.306 IPC. (2016(3) Criminal Court Cases 699 (P&H)
Adjournment
– Not to be granted on the mere asking but on “justifiable cause” which means “sufficient cause” – Advocate busy in another Court is not a circumstances which is beyond the control of such party. (2017(4)Civil Court Cases 805 (Bombay)
CD – It is also a document – When admitted it need not be formally proved – Admission or denial of a document need not be personally by accused or complainant or the witness – Endorsement of admission or denial by prosecutor/counsel is sufficient – In case it is admitted, it need not be formally proved and can be read in evidence. (2016(1)Criminal Court Cases 252 (S.C.)
Criminal trial
– Locus standi – Locus standi of the complainant is a concept foreign to criminal jurisprudence – Anyone can set the criminal law in motion except where statute enacting or creating an offence indicates to the contrary. (2017(3) Apex CourtJudgments 621 (S.C.)
Cruelty
– Dowry demand four months back – It does not come with the purview of `soon before her death’. (2017(4) Criminal Court Cases 738 (Calcutta)
Dishonour of cheque
– Notice – Not sent at correct address – Legal requirement of service of notice not complied with – Dismissal of complaint, upheld. (2014(1)Criminal Court Cases 530 (P&H)
Domestic Violence
– Return of Dahej articles after passing of decree of divorce by mutual consent is maintainable. (2016(1)Civil Court Cases 533 (Bombay)
Gun shot from a close range of about two feet or less – Non blackening of skin – Question not put to any witness as to blackening of shirt and vest – Finding that blackening of skin was prevented by vest and shirt which deceased was bearing, upheld. (2016(1) Apex Court Judgments 043 (S.C.)
Municipal Laws
– Construction in excess of sanctioned plan – Nine floors constructed instead of six floors – Compounding by paying compounding fee, a closed chapter, as writ petition as well as appeal already dismissed by Supreme Court – Municipal Corporation directed to demolish the unauthorized structures. (2016(2) Apex Court Judgments 529 (S.C.)
Service – Promotion
– Once a candidate comes into the zone of consideration and satisfies all requirements, including that of outstanding merit and ability, he cannot be told that merely because he is junior in seniority his name will not be forwarded for consideration. (2014(1) Apex Court Judgments 147 (S.C.)
