Legal knowledge

@legalknowledge2

Legal knowledge (English)

Are you looking to expand your legal knowledge? Look no further than the 'Legal knowledge' Telegram channel! This channel, username @legalknowledge2, is dedicated to providing valuable insights, updates, and information on various aspects of law. Whether you are a law student, legal professional, or simply interested in learning more about the legal field, this channel is perfect for you. From case studies to legal news, from discussions on different legal systems to tips on navigating the legal world, 'Legal knowledge' covers it all. Join us today and stay informed and educated on all things legal. Who is it? 'Legal knowledge' is a Telegram channel created for anyone interested in expanding their knowledge of law and staying updated on legal developments. What is it? It is a platform that offers valuable insights, updates, and information on various aspects of law, catering to law students, legal professionals, and anyone interested in learning more about the legal field. Join 'Legal knowledge' today and enhance your understanding of the legal world!

Legal knowledge

07 Jan, 11:18

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Bail - Criminal history - Must be of cases in which accused was convicted and not when accused was acquitted or discharged. (2022(2) Criminal Court Cases 669 (P&H)

Charge - Advocate - If any legal advice rendered by an Advocate goes wrong, same would not subject him to criminal prosecution, as a lawyer - Order framing charge quashed and set aside. (2023(1) Criminal Court Cases 274 (Rajasthan)

Confessional statement - Not required to be made on oath - Anyhow if it is recorded on oath it cannot be said that such statement loses its evidentiary value or that it cannot be relied upon for any purpose. (2023(1) Criminal Court Cases 047 (Meghalaya)

Legal knowledge

07 Jan, 03:05

Buy all/any volume. Contact us : 7814266184

136

Legal knowledge

07 Jan, 02:36

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Thirty years old document - Presumption is with regard to proper execution of document which is 30 years old and not the proof of execution thereof. (2024(4) Civil Court Cases 426 (Karnataka)

Will - Exclusion of natural heirs - Mere exclusion of natural heirs from any benefit is not of such suspicious circumstances as to create legitimate doubts on the genuineness of Will. (2024(4) Civil Court Cases 601 (P&H)

131

Legal knowledge

06 Jan, 10:32

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Rejection of plaint - Defendant has right to file an application even without filing the written statement. (2024(4) Civil Court Cases 671 (Jharkhand)

Second FIR - Second FIR is maintainable where there is a different version and also new discovery is made on factual foundation. (2024(4) Criminal Court Cases 396 (Allahabad)

183

Legal knowledge

06 Jan, 06:21

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Injunction - Co-owners - One co-owner alone is not competent to transfer the entire property without getting his share determined and demarcated so as to bind the other co-owners - Defendant/Co-owner rightly restrained by decree of injunction in acting in derogation of the propriety rights of the co-owners until and unless partition takes place. (2024(4) Civil Court Cases 692 (S.C.)

Offence u/s 3(1)(s) of SC/ST Act - Incident does not appear to happen in a public place or in a public view - Offence u/s 3(1)(s) of the Act thus, not attracted - Proceedings quashed. (2024(4) Criminal Court Cases 217 (Allahabad)

206

Legal knowledge

05 Jan, 02:49

Legal knowledge - Telegram channel - Click link below to join.

https://t.me/legalknowledge2

233

Legal knowledge

05 Jan, 02:49

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Domestic Violence - Relationship in the nature of marriage - Parties to the relationship in the nature of marriage must be persons qualified to enter into a legal marriage, including being unmarried. (2024(4) Civil Court Cases 321 (Kerala)

Food Adulteration - Sample of moong dal - Synthetic food colour of tartrazine was used on the sample - Said food colour is a permitted synthetic food colour - Conviction and sentence set aside. (2024(4) Criminal Court Cases 646 (S.C.)

244

Legal knowledge

04 Jan, 11:19

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Dishonour of cheque - Personal appearance of accused should ordinarily not be insisted upon if application is moved for a particular hearing, unless the trial court needs to either examine the under-trial or his statement is to be otherwise recorded for proceeding further in the matter. (2024(4) Civil Court Cases 636 (Rajasthan)

Domestic Violence - Alteration of order passed under the Act - An order for alteration, modification or revocation operates prospectively and not retrospectively. (2024(4) Criminal Court Cases 162 (S.C.)

262

Legal knowledge

04 Jan, 06:28

CIVIL COURT CASES
CRIMINAL COURT CASES
APEX COURT JUDGMENTS
PUBLICATION OF CEE EMM PUBLISHERS
OUR LAW SOFTWARE

All of our publications and our Law Software is available with :

VIMAL LAW HOUSE
9360222147; 8428134569.

VIMAL LAW HOUSE, can sell our publications and our software in any part of the country and specifically in the territory of ORISSA, ANDHRA PRADESH, TAMIL NADU, TRIPURA, KARNATAKA, KERALA & MANIPUR.

258

Legal knowledge

04 Jan, 04:01

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Attempt to murder - Weapon used is a scissor which is not a normal weapon of offence in case there is any intention to cause death. (2023(3) Apex Court Judgments 253 (S.C.)

Bail - Law as to : (i) Concern of prosecution that accused may influence witnesses can be taken care of by directing accused not to make any attempt to influence the witnesses; (ii) Most of the evidence documentary evidence which are already in possession of Investing Agency - Further charge sheet has been filed - Accused is entitled for bail; (iii) Detailed elaboration of evidence has to be avoided at the stage of consideration of bail application; (iv) Factors for consideration for grant of bail are : (a) prima facie case (b) possibility of accused tampering with the evidence or influencing the witnesses, and (c) the possibility of accused fleeing away from the hands of justice, (d) Gravity and seriousness of offence is another factor that has to be taken into consideration; (v) Merely because accused had not filed the petition for quashing cannot be said that no application for bail at pre-trial stage could be entertained; (vi) Charge sheet has been filed - Accused after being released on interim bail has not been called for investigation even on a single occasion - She has already surrendered her passport which shall continue to be in custody of Sessions Court - Bail application allowed. (2023(3) Apex Court Judgments 659 (S.C.)

259

Legal knowledge

04 Jan, 01:38

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Condonation of delay - Length of delay is a relevant matter which Court must take into consideration while considering whether delay should be condoned or not. (2024(4) Civil Court Cases 399 (S.C.)

Dishonour of cheque - (i) Signatures admitted - Presumption arises; (ii) Statement of accused u/s 313 Cr.P.C. cannot be read as evidence for the purpose of rebutting presumption; (iii) Friendly cash loan - Without document trail - It would be unwise for Court to not acknowledge friendly cash loans - In these circumstances rather than focussing on the question as to why accused gave cheque in the first place (which he or she admits), complainant is left unhinged for inability to provide any documentation; (iv) Failure to rebut presumption - Onus does not shift upon complainant. (2024(4) Criminal Court Cases 053 (Delhi)

254

Legal knowledge

03 Jan, 01:41

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Call of records of any suit or proceedings from other Courts - Civil Court is not barred from calling for and inspecting evidence tendered in a criminal proceeding - However, admissibility and relevance of the same is subject to the document being proved as per the provisions of Evidence Act. (2024(4) Civil Court Cases 528 (Telangana)

Caste or religion of a litigant - Should never be mentioned in the cause title of judgment. (2024(1) Apex Court Judgments 306 (S.C.)

308

Legal knowledge

02 Jan, 09:07

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Non co-operation with police nor got recovered bribe amount - Behaviour attributed to accused to the instances of non co-operation do not justify dismissal of application for pre arrest bail. (2024(2) Apex Court Judgments 365 (S.C.)

Anticipatory bail - Matrimonial dispute - Imposition of condition that husband should undertake to fulfill all physical as well as financial requirements of wife, is absolutely improbable and impracticable condition - Condition set aside. (2024(4) Criminal Court Cases 604 (S.C.)

334

Legal knowledge

02 Jan, 06:55

Legal Knowledge Whatsapp group - Join Free - To join group Whatsapp message by writign `Join me' and send to : 7814266184

Additional evidence at appellate stage - Such application should contain the list of documents giving full particulars thereof and copies sought to be filed as additional evidence should be served on the other side. (2022(2) Apex Court Judgments 560 (S.C.)

Agreement to sell - Specific performance - Contention that plaintiff is not ready and willing - Contention has no substance as plaintiff successfully established her readiness and willingness to perform her part of contract by paying balance sale consideration. (2023(2) Apex Court Judgments 318 (S.C.)

311

Legal knowledge

02 Jan, 01:56

Legal knowledge - Telegram channel - Click link below to join.

https://t.me/legalknowledge2

321

Legal knowledge

02 Jan, 01:54

Legal knowledge WhatsApp group - Join free - To join group WhatsApp message by writing 'Join me' and send to : 7814266184

Eye witnesses - Testimony of two eye witnesses not inspiring confidence - Adverse inference has to be drawn on account of prosecution's failure to examine three independent eye witnesses whose statements were recorded. (2023(3) Criminal Court Cases 348 (S.C.)

Illegal gratification - Accepting bribe without any demand - In such a case prosecution need not to establish demand - However, in a case when bribe is demanded and same is received by public servant then prosecution has to establish prior demand by the public servant. (2024(1) Criminal Court Cases 263 (Kerala)

349

Legal knowledge

01 Jan, 09:27

Legal knowledge WhatsApp group - Join free - To join group forward this message to 7814266184

Ex parte decree - Set aside subject to furnishing bank guarantee - Ex parte decree set aside by holding that no summons had ever been received by the defendant - Condition so imposed is completely unsustainable, hence set aside. (2024(1) Civil Court Cases 163 (P&H)

Exparte decree - Dismissal of application to set aside - It is appeal and not petition under Article 227 of Constitution which is maintainable. (2022(1) Civil Court Cases 161 (H.P.)

390

Legal knowledge

01 Jan, 01:53

Wish you & your all the family members a very happy and prosperous New Year. May the Almighty bless you with a good health.

404

Legal knowledge

31 Dec, 01:29

Legal knowledge WhatsApp group - Join free - Our WhatsApp No.7814266184

Dishonour of cheque - Offence by Company - Company not implead as a party - Directors and other persons responsible for the conduct of its business cannot be saddled with any liability. (2022(3) Civil Court Cases 602 (Delhi)

Dishonour of cheque - Unilateral putting of date on cheque by complainant without authority of accused and even by not informing him - Amounts to material alterations and such cheque becomes void. (2023(1) Criminal Court Cases 036 (Bombay)

377

Legal knowledge

30 Dec, 13:21

Legal Knowledge Whatsapp Group - Join free - To join Whatsapp messaget to : 7814266184

Offence u/s 498-A IPC - Relatives - Normally, it can be taken to include, father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter of any individual or the spouse of any person - To put it shortly, it includes a person related by blood, marriage or adoption; (ii) When allegations are raised against a person who is not related by blood, then Court concerned owes an irrecusable duty to see whether such implication is over implication and/or whether allegations against such a person is an exaggerated version; (iii) When relatives are not residing in the same house where the alleged victim resides, Courts shall not stop consideration by merely looking into the question whether accused is a person falling within the ambit of expression

relative' for the purpose of S.498-A IPC, but should also consider whether it is a case of over implication or exaggerated version solely to implicate such person(s) to pressurize the main accused. (2024(4) Criminal Court Cases 331 (S.C.)

Rash and negligent driving - When there is no evidence on record of approximate speed of offending vehicle, mere use of term

high speed' is not sufficient to infer the rashness or negligence of accused. (2024(4) Criminal Court Cases 527 (H.P.)

362

Legal knowledge

30 Dec, 03:02

Civil Court Cases, 2024(4) Index page 21. Our reporting and our head notes will certainly lure you to make it part of your library. Buy one at our asking. Buy more if you like it. Our WhatsApp No.7814266184

367

Legal knowledge

30 Dec, 01:52

Legal knowledge WhatsApp group - Join free - 7814266184

Dishonour of cheque - Amendment in cause title and amendment in body of complaint - Name of applicant No.3 not mentioned in cause title though there were specific averments against him also - No illegality in allowing amendment in cause title. (2023(2) Criminal Court Cases 048 (Allahabad)

Dishonour of cheque - Interim compensation - Death of accused - Interim compensation cannot be recovered from estate of deceased accused. (2022(3) Criminal Court Cases 117 (Calcutta)

380

Legal knowledge

29 Dec, 06:16

Legal knowledge WhatsApp group - Join free - To join group forward this message to 7814266184

Contraband - Anticipatory bail - Condition to deposit Rs.30,000/- - Condition so imposed by High Court is totally alien to principles governing bail jurisprudence and is nothing short of perversity. (2024(2) Apex Court Judgments 506 (S.C.)

Dishonour of cheque - Accused allowed to exhibit his statement in evidence in the form of an affidavit - However, cross examination may be accordingly permitted. (2023(2) Civil Court Cases 394 (Rajasthan)

324

Legal knowledge

29 Dec, 05:59

Volume 12, relating to 2023 - 2024, will be available in January, 2025

319

Legal knowledge

29 Dec, 05:09

Criminal Court Cases, 2024(3) Index page 22. See our reporting and quality of our head notes. Our WhatsApp No.7814266184

306

Legal knowledge

29 Dec, 01:55

Legal knowledge WhatsApp group - Join free - To join group forward this message to 7814266184

Condonation of delay - Courts must distinguish between an explanation' and an excuse'. (2024(1) Apex Court Judgments 655 (S.C.)

Condonation of delay - Imposition of conditions are not warranted when sufficient cause has not been shown for condoning the delay. (2024(3) Civil Court Cases 436 (S.C.)

318

Legal knowledge

29 Dec, 01:45

Civil Court Cases, 2024(4) Index - Important Decisions - Page 3. Our reporting and our head notes will certainly lure you to make it part of your library. Buy one at our asking. Buy more if you like it. Our WhatsApp No.7814266184

341

Legal knowledge

28 Dec, 02:36

Increased postal rates

Postal rates have increased three times. Postal service relating to printed books is discontinued.

Civil Court Cases, one bound volume was earlier charged with postage of approx 29 rupees is now charged approx 99 rupees.

Compelled by circumstances we have increased the rates of bound volumes of Civil Court Cases, Criminal Court Cases, Apex Court Judgments, from 1300 to 1400 per bound volume and net price from 1100 to 1200 per volume.

This is for your information please.

374

Legal knowledge

28 Dec, 02:22

Legal knowledge - Telegram channel - Click link below to join.

https://t.me/legalknowledge2

380

Legal knowledge

28 Dec, 02:21

Civil Court Cases, 2024(4) Index - Important Decisions - Page 2. Our reporting and our head notes will certainly lure you to make it part of your library. Buy one at our asking. Buy more if you like it. Our WhatsApp No.7814266184

391

Legal knowledge

27 Dec, 05:15

Affidavit - Ad verbatim of plaint - An affidavit should be in concise form stating material part of the contentions while ignoring formal part of the pleadings. (2023(2) Civil Court Cases 569 (Rajasthan)

Amendment of pleadings - Analysed. (2024(2) Apex Court Judgments 670 (S.C.)

419

Legal knowledge

27 Dec, 02:04

Civil Court Cases - Published regularly since 1987 - Published in four volumes a year - Our selection of Judgments for reporting and quality of our head notes is before you for your perusal - Subscribe monthly parts, read it and mark important Judgments - cite it and win Cases - Subscription rates increasing from 1.1.2025. Our WhatsApp No.7814266184

354

Legal knowledge

27 Dec, 01:49

Civil Court Cases, 2024(3) Index page 56. Our reporting and our head notes will certainly lure you to make it part of your library. Buy one at our asking. Buy more if you like it. Our WhatsApp No.7814266184

304

Legal knowledge

26 Dec, 08:29

Civil Court Cases
2025 subscription

Pay 4200 if paid on or before 31.12.2024

Pay 4500 if paid on or after 01.01.2025

369

Legal knowledge

26 Dec, 02:43

Presumption u/s 113-B Evidence Act - It is rebuttable presumption which can be dispelled through cogent evidence. (2022(1) Criminal Court Cases 018 (S.C.)

Dishonour of cheque - Power of attorney holder can file a complaint, can depose an affidavit as also record his sworn statement in a proceedings u/s 138 of the Act. (2022(4) Criminal Court Cases 765 (Karnataka)

408

Legal knowledge

25 Dec, 01:44

Rejection of plaint - As arbitration agreement is applicable to the subject matter of dispute as such trial Judge was justified in referring the dispute to arbitration. (2023(2) Apex Court Judgments 037 (S.C.)

Dishonour of cheque - Signatures on cheque admitted - Presumption includes presumption that there exists a legally enforceable debt or liability which is rebuttable. (2023(1) Apex Court Judgments 412 (S.C.)

Civil Court Cases - Four volumes a year - Published every month since 1987 - Contact us to subscribe: 7814266184

448

Legal knowledge

24 Dec, 02:28

Civil Court Cases

Buy any one volume. Read it for seven days. Evaluate it. If not approved, return it and get back your money.

Till date numerous Advocates from all over India, purchased the volume at our recommendation. It is a matter of great pride for us that not even a single Advocate returned the volume. Rather they proceeded to buy more and more of our publications.

Our head notes are appreciated by Advocates.

If you are practicing on the civil side then you must have CCC in your library.

Publishers of Civil Court Cases
Our WhatsApp No.7814266184

507

Legal knowledge

24 Dec, 02:09

Statement of important witnesses when contrary, facts are twisted and improvements are made, no reliance can be made upon such statement. (2024(1) Apex Court Judgments 553 (S.C.)

Written statement to amended plaint - Condonation - Raising some formal issues - Application allowed subject to payment of costs of Rs.1,00,000/-. (2024(2) Apex Court Judgments 538 (S.C.)

Legal knowledge WhatsApp group - Join free - WhatsApp message to 7814266184

449

Legal knowledge

30 Nov, 01:46

Law Books
Telegram channel
Join group

https://t.me/+S3t5j_fII9EwMThl

152

Legal knowledge

29 Nov, 10:51

Civil Court Cases - 2024(3) - Index page 50 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

193

Legal knowledge

29 Nov, 01:43

IMPORTANT DECISIONS - SUPREME COURT OF INDIA

Consumer complaint - Opposite party has right to address final arguments even in the absence of filing its written version against the complaint or non participating in the proceedings. (2023(3) Apex Court Judgments 556 (S.C.)

Criminal trial - Material contradictions - All the witnesses gave contradictory versions as to who gave the fatal blow to deceased - Same amounts to material contradictions. (2023(1) Apex Court Judgments 034 (S.C.)

Dishonour of cheque - Company - Directors - No averment in the complaint to the effect that appellant is in-charge of and responsible for day to day affairs of company - Averments made are not sufficient to invoke the provision of S.141 of the Act - Proceedings quashed qua appellant. (2024(2) Apex Court Judgments 307 (S.C.)

Buy Apex Court Judgments - Reporting Supreme Court Judgments - 2024(1)(2) bound volumes available
Contact us : 7814266184

207

Legal knowledge

28 Nov, 02:09

Legal knowledge Telegram channel
Link to join channel

https://t.me/legalknowledge2

243

Legal knowledge

28 Nov, 02:09

IMPORTANT DECISIONS - SUPREME COURT OF INDIA

Appeal by an indigent person - Appellant not yet received the money under Motor Accident Claims petition - Keeping in view that considerable time has passed since impugned order was passed as such liberty granted to appellant to file appeal as an indigent person. (2024(2) Apex Court Judgments 320 (S.C.)

Bail - Cannot be cancelled merely for any perceived indiscipline on the part of accused before granting bail. (2023(1) Apex Court Judgments 166 (S.C.)

Cognizance of offence - Protest petition - Right of complainant to file a petition u/s 200 Cr.P.C is not taken away even if Magistrate concerned does not direct that such a protest petition be treated as a complaint. (2024(2) Apex Court Judgments 491 (S.C.)

Buy Apex Court Judgments - Reporting Supreme Court Judgments - 2024(1)(2) bound volumes available
Contact us : 7814266184

253

Legal knowledge

27 Nov, 02:09

Law Books
Telegram channel
Join group

https://t.me/+S3t5j_fII9EwMThl

260

Legal knowledge

27 Nov, 01:50

IMPORTANT DECISIONS - SUPREME COURT OF INDIA

Abetment of suicide - Presumption u/s 113-A of Evidence Act - Mere factum of commission of suicide by itself would not be sufficient for Court to raise presumption u/s 113-A of Evidence Act and to hold accused guilty of offence u/s 306 IPC. (2023(2) Apex Court Judgments 740 (S.C.)

Adverse inference - Evidence of two material witnesses withheld by prosecution - Adverse inference against prosecution has to be drawn. (2022(2) Apex Court Judgments 058 (S.C.)

Agreement to sell - Specific performance - Non joinder of necessary parties - No effective decree therefore, could have been passed in their absence - Refund of amount paid by plaintiff with interest in order to balance equities - Held, proper. (2022(3) Apex Court Judgments 679 (S.C.)

Buy Apex Court Judgments - Reporting Supreme Court Judgments - 2024(1)(2) bound volumes available
Contact us : 7814266184

282

Legal knowledge

26 Nov, 01:58

IMPORTANT DECISIONS - CIVIL

Comparison of signatures - Signature scribed in open Court, vakalat, suit summons and written statement cannot be termed as admitted signature - Post filing of suit there is every likelihood of party disguising the signatures. (2023(2) Civil Court Cases 611 (A.P.)

Alienation in Article 109 Limitation Act - Includes gift. (2022(3) Civil Court Cases 074 (S.C.)

Ad interim injunction - Suit for specific performance - Restraining defendant from alienating suit property during pendency of suit - To avoid multiplicity of proceedings, defendant is directed to maintain status quo till disposal of suit. (2023(3) Civil Court Cases 724 (Madras)

Subscribe Civil Court Cases for the year 2025 and get 5% extra discount (T&C apply) on any book purchased from us.
Our Whatsapp No.7814266184

327

Legal knowledge

25 Nov, 15:13

Law Books
Telegram channel
Join group

https://t.me/+S3t5j_fII9EwMThl

304

Legal knowledge

25 Nov, 01:56

Legal knowledge Telegram channel
Link to join channel

https://t.me/legalknowledge2

338

Legal knowledge

25 Nov, 01:56

IMPORTANT DECISIONS - CIVIL

Dishonour of cheque - Part payment made - Part payment must be endorsed on the cheque and if not endorsed then offence u/s 138 of NI Act is not made out as legally enforceable debt at the time of encashment is less than the sum represented in the cheque. (2022(4) Civil Court Cases 279 (S.C.)

Consumer - Accident claim benefit - Policy non in existence on the date of accident - Policy revived after accident and that too without disclosing the factum of accident - Claim of accident benefit rejected. (2022(2) Civil Court Cases 467 (S.C.)

Consumer - Insurance claim - Having undertaken to indemnify an insured against possible loss in specific situations, an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profits. (2023(4) Civil Court Cases 304 (S.C.)

Subscribe Civil Court Cases for the year 2025 and get 5% extra discount (T&C apply) on any book purchased from us.
Our Whatsapp No.7814266184

210

Legal knowledge

24 Nov, 07:39

IMPORTANT DECISIONS - CIVIL

Transfer of matrimonial case - Once maintenance pendente lite is granted and paid to wife, she cannot move transfer application on the ground of distance and financial stress - Application dismissed. (2022(2) Civil Court Cases 575 (Allahabad)

Rejection of plaint - Suit for specific performance - Earlier suit for injunction was filed - At that stage cause of action to file suit for specific performance had not arisen - Suit not barred U.O.2.R.2 CPC. (2024(1) Civil Court Cases 171 (S.C.)

Lis pendens - Suit for permanent injunction filed on 21.07.2003 and an order of injunction obtained on 28.07.2003 - As on 21.07.2003 doctrine of lis pendens would take its effect. (2024(2) Civil Court Cases 672 (S.C.)

Subscribe Civil Court Cases for the year 2025 and get 5% extra discount (T&C apply) on any book purchased from us.
Our Whatsapp No.7814266184

224

Legal knowledge

24 Nov, 02:23

IMPORTANT DECISIONS - CIVIL

Temporary injunction - Co-sharers - Construction raised by other co-sharers was never objected by plaintiff - Application rightly dismissed. (2022(1) Civil Court Cases 140 (H.P.)

Transfer of matrimonial case - Proceedings at the verge of final hearing - Transfer application is liable to be dismissed. (2022(2) Civil Court Cases 575 (Allahabad)

Written statement to amended plaint - Condonation of delay - Written statement to amended plaint raising certain formal issue is sought to be filed - Entire case will not be reopened for fresh trial - Application allowed subject to payment of costs of Rs.1,00,000/-. (2024(2) Civil Court Cases 523 (S.C.)

Subscribe Civil Court Cases for the year 2025 and get 5% extra discount (T&C apply) on any book purchased from us.
Our Whatsapp No.7814266184

239

Legal knowledge

23 Nov, 03:34

IMPORTANT DECISIONS - CIVIL

Refund of Court fee - Out of Court settlement - Appellant is entitled to refund of full Court Fee. (2022(4) Civil Court Cases 301 (M.P.)

Rejection of plaint - Law as to : (a) Plaint to be read meaningfully and as a whole; (b) Plaint has to be taken to be true; (c) If upon such reading it discloses a cause of action, then application must fail and in case it does not disclose a cause of action then plaint shall be rejected; (d) At this stage, Court is not concerned with the correctness of averments; (e) Plaint cannot be rejected in part. (2023(4) Civil Court Cases 550 (S.C.)

Rent & Eviction - Stay of eviction decree - Determination of compensation/mesne profits on basis of purchase price of property, not proper - Compensation/mesne profit has to be determined at the rate at which landlord would have been able to let out the premises and earn rent if tenant had vacated the premises - Parties may be permitted to lead evidence for determination of rent which could have been earned by landlord had tenant vacated the premises. (2023(1) Civil Court Cases 281 (S.C.)

Subscribe Civil Court Cases for the year 2025 and get 5% extra discount (T&C apply) on any book purchased from us.
Our Whatsapp No.7814266184

297

Legal knowledge

22 Nov, 09:49

IMPORTANT DECISIONS - CRIMINAL

Abetment of suicide - Accused was in the habit of drinking and squandering away his property by selling it of and that was the cause of confrontation between accused and his wife - Act of accused do not amount to instigation to commit suicide. (2023(4) Criminal Court Cases 056 (Allahabad)

Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Accused joined investigation but did not co-operate with the police nor got recovered the amount of bribe received by him nor disclosed other facts of the case properly - Instances of non co-operation do not justify dismissal of application - Pre arrest bail granted. (2024(2) Criminal Court Cases 277 (S.C.)

Illegal gratification - Death of complainant or non-availability of complainant at the time of trial cannot be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused. (2023(4) Criminal Court Cases 405 (S.C.)

CRIMINAL COURT CASES
2024(1)(2)(3) bound volumes available
Contact us : 7814266184

311

Legal knowledge

22 Nov, 01:57

Legal knowledge Telegram channel
Link to join channel

https://t.me/legalknowledge2

326

Legal knowledge

20 Nov, 04:14

Civil Court Cases - 2024(3) - Index page 48 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

430

Legal knowledge

20 Nov, 01:48

IMPORTANT DECISIONS - CIVIL

Divorce - Cruelty - Both the parties living separately for 13 years - It amounts to cruelty - Divorce rightly granted. (2024(1) Civil Court Cases 643 (Allahabad)

Framing of additional issue - Additional issue, if framed, will change the nature of suit - Order allowing framing of additional issue, set aside. (2024(2) Civil Court Cases 395 (Rajasthan)

Maintenance petition u/s 125 Cr.P.C. - Cannot be dismissed for default. (2024(1) Civil Court Cases 473 (Kerala)

Subscribe Civil Court Cases for the year 2025 and get 5% extra discount (T&C apply) on any book purchased from us.
Our Whatsapp No.7814266184

378

Legal knowledge

20 Nov, 01:41

Legal knowledge Telegram channel
Link to join channel

https://t.me/legalknowledge2

375

Legal knowledge

16 Nov, 01:51

Legal knowledge Telegram channel
Link to join channel

https://t.me/legalknowledge2

Legal knowledge

15 Nov, 15:00

Criminal Court Cases, 2024(3) Index page 19. See our reporting and quality of our head notes. Our WhatsApp No.7814266184

Legal knowledge

15 Nov, 11:12

IMPORTANT DECISIONS - CRIMINAL

Abetment of suicide - Insulting deceased by using abusive language - By itself does not constitute abetment of suicide. (2023(4) Criminal Court Cases 479 (P&H)

Acquittal - Leave to appeal - Can be granted where view taken by Court while acquitting accused is clearly unreasonable. (2023(4) Criminal Court Cases 751 (P&H)

Anticipatory bail - Second application - First anticipatory bail application was dismissed as withdrawn - There is no bar in entertaining subsequent anticipatory bail application. (2024(3) Criminal Court Cases 347 (P&H)

Bail - Denial of bail on ground of pendency of other cases/convictions - In all probability would lend the accused in a situation of denial of concession of bail. (2024(1) Criminal Court Cases 611 (P&H)

Cheating - Breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction. (2023(2) Criminal Court Cases 254 (S.C.)

Contraband - Recovery of commercial quantity - Bail - Statements by accused recorded u/s 67 of NDPS Act - Cannot be the mere reason for disallowing bail unless other circumstances also call for rejection of bail. (2023(1) Criminal Court Cases 793 (J&K&L)

Cruelty - Complaint filed by second wife against husband and her in-laws, u/s 498-A IPC is not maintainable. (2023(4) Criminal Court Cases 020 (Karnataka)

Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed. (2024(3) Criminal Court Cases 487 (Rajasthan)

Dishonour of cheque - Complainant did not remember date, month and year of advancing loan - Complainant not aware as to who made the entries of amount, name of accused and year in the cheque - No documentary evidence of advancing loan - Accused rightly acquitted. (2022(3) Criminal Court Cases 331 (Chhattisgarh)

Dowry death - Extra marital affair of husband/accused or accused being into betting, cannot be a ground for implicating accused u/s 304-B IPC. (2023(4) Criminal Court Cases 177 (Delhi)

CRIMINAL COURT CASES
2024(1)(2)(3) bound volumes available
Contact us : 7814266184

103

Legal knowledge

14 Nov, 07:06

IMPORTANT DECISIONS - SUPREME COURT OF INDIA

Abetment of suicide - Death by poisoning - In a case of death due to consumption or administering of poison or insecticide or pesticide, be it homicidal or suicidal, recovery of the trace of such poison or insecticide or pesticide is crucial. (2024(2) Apex Court Judgments 337 (S.C.)

Anticipatory bail - Granted subject to offered payment - Order granting anticipatory bail affirmed but condition therein of payment of money by accused stands annulled. (2023(1) Apex Court Judgments 733 (S.C.)

Bail - Cannot be denied to accused merely because co-accused who was released on bail has not surrendered. (2023(2) Apex Court Judgments 137 (S.C.)

Execution - Decree for specific performance - Sale deed executed without objections being called for and considered - Contravenes the provision of O.21.R.34 CPC - Impugned order set aside. (2022(1) Apex Court Judgments 026 (S.C.)

Re-investigation - Not permissible that too by another agency without prior permission of Magistrate even while exercising powers u/s 173(8) of Cr.P.C. (2023(2) Apex Court Judgments 098 (S.C.)

Rejoinder - By balancing the operations of rules of procedure, in the peculiar facts and circumstances of the instant case, rejoinder allowed to remain on record and at the same time contesting defendants allowed to file their further pleadings in the form of sur-rejoinder, which shall remain confined to any such fact, if at all, newly pleaded by the plaintiff in the rejoinder. (2023(1) Apex Court Judgments 644 (S.C.)

Buy Apex Court Judgments - Reporting Supreme Court Judgments - 2024(1)(2) Available

Contact us : 7814266184

203

Legal knowledge

14 Nov, 06:56

IMPORTANT DECISIONS - CRIMINAL

Abetment of suicide - Word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. (2024(2) Criminal Court Cases 001 (S.C.)

Anticipatory bail - Granted on the condition that husband shall take wife to his house and maintain her with full dignity - Such condition should not have been imposed - Impugned order set aside - Anticipatory bail granted. (2024(1) Criminal Court Cases 787 (S.C.)

Bail - Rape - Deliberate delay on the part of prosecution - Trial unnecessarily held up - Under-trials cannot indefinitely be detained pending trial - Bail granted. (2022(3) Criminal Court Cases 496 (Allahabad)

Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side - Action of issuing process is wrong - Dispute civil in nature - Proceedings quashed. (2022(4) Criminal Court Cases 489 (Bombay)

Cruelty - Harassment physically and mentally - Unless those acts are described it cannot be concluded that it amounted to cruelty - Mere use of word harassment `mentally and physically' not sufficient to attract S.498-A IPC. (2022(4) Criminal Court Cases 522 (Bombay) (DB)

Dishonour of cheque - Four cases - When conviction arises out of single transaction, concurrent sentences are merited but not when there are several transactions over a period of time. (2023(3) Criminal Court Cases 553 (S.C.)

CRIMINAL COURT CASES
2024(1)(2)(3) bound volumes available
Contact us : 7814266184

160

Legal knowledge

14 Nov, 05:52

IMPORTANT DECISIONS - CIVIL

Additional evidence - Merely by change of counsel a litigant does not get any right to adduce further evidence for the reason that earlier counsel had not advised him to produce that evidence earlier. (2023(3) Civil Court Cases 648 (P&H)

Condonation of delay - Does not apply to suits. (2022(2) Civil Court Cases 064 (S.C.)

Consumer - Purchase of two flats - Refund of amount with interest @ 9% - Under the agreement liability of appellant, in case of default was to pay interest @ 18% - It would be just and proper that interest of 18% be awarded on the refund amount. (2023(1) Civil Court Cases 465 (S.C.)

Dishonour of cheque - Amendment of complaint - No bar under Cr.P.C. (2022(4) Civil Court Cases 223 (M.P.)

Dishonour of cheque - Govt. undertaking - Complaint filed by Branch Manager, having no power of attorney, in his favour at the time of filing complaint - Power of attorney executed much later - No clause in power of attorney ratifying the earlier actions of Branch Manager - Branch Manager was not competent to file the complaint - Acquittal calls for no interference. (2024(3) Civil Court Cases 612 (P&H)

Wrong provision of law and relief not properly worded - Court has adequate and sufficient power to mould relief to come within the purview of the particular provision as also make available relief which is required to be granted in the particular facts. (2023(1) Civil Court Cases 011 (Karnataka)

Subscribe Civil Court Cases for the year 2025 and get 5% extra discount (T&C apply) on any book purchased from us.

Our Whatsapp No.7814266184

160

Legal knowledge

14 Nov, 02:27

Apex Court Judgments - Reporting Supreme Court Judgments - 2024(2) - Index page 14. See our reporting and quality of head notes. Contact us : 7814266184

190

Legal knowledge

12 Nov, 12:03

IMPORTANT DECISIONS

Dishonour of cheque - Cheque issued by husband - Wife cannot be made accused for dishonour of cheque issued by her husband when cheque was not issued from joint account. (2023(1) Criminal Court Cases 269 (Karnataka)

Criminal trial - Version of victim inherently improbable and not worthy of belief - Accused acquitted. (2024(1) Criminal Court Cases 731 (Orissa)

Cognizance of offence - Protest petition - Right of complainant to file a petition u/s 200 Cr.P.C is not taken away even if Magistrate concerned does not direct that such a protest petition be treated as a complaint. (2024(2) Criminal Court Cases 601 (S.C.)

Bail - Rape - Arguments by counsel of accused not satisfactorily refuted by AGA from the record - Applicant is entitled for grant of bail. (2024(3) Criminal Court Cases 469 (Allahabad)

Anticipatory bail - Opposed that custodial interrogation is required - Not sufficient - State would have to show or indicate more than prima facie why custodial interrogation of accused is required for the purpose of investigation. (2024(2) Criminal Court Cases 357 (S.C.)

Abetment of suicide - In a case of death due to consumption or administering of poison or insecticide or pesticide, be it homicidal or suicidal, recovery of the trace of such poison or insecticide or pesticide is crucial. (2024(2) Criminal Court Cases 001 (S.C.)

CRIMINAL COURT CASES
2024(1)(2)(3) bound volumes available
Contact us : 7814266184

259

Legal knowledge

12 Nov, 11:41

Abatement of suit - Non-substitution of all the LRs of defendant no.3 - When estate/interest was being fully and substantially represented in the suit jointly by other defendants and when they are also LRs of deceased defendant, suit cannot abate by reason of non-impleadment of all LRs of deceased defendant. (2023(2) Civil Court Cases 322 (S.C.)

Agreement to sell - Proved by plaintiff and an attesting witness - Mere non-examination of stamp vendor and deed writer has not resulted in failure to prove agreement. (2022(2) Civil Court Cases 578 (P&H)

Appeal - First Appellate Court to decide the appeal in accordance with mandatory procedure contained in O.41.R.31 CPC. (2024(2) Civil Court Cases 213 (Rajasthan)

Commercial Courts - Dismissal of application U.O.7.R.11 CPC by Commercial Court - Appeal thereagainst - Not maintainable. (2023(4) Civil Court Cases 470 (Telangana)

Dishonour of cheque - Even if details in cheque are filled by another person is not relevant to the defence whether cheque was issued towards payment of a debt or in discharge of a liability. (2024(1) Civil Court Cases 404 (Kerala)

Dishonour of cheque - Cheque whether issued towards time barred debt - Loan repayable within seven years - Period of limitation would start reckoning from expiry of period of seven years. (2022(4) Civil Court Cases 580 (S.C.)

Dishonour of cheque - Partnership firm - Specific allegations against partner that he was incharge of and was responsible for affairs of firm for conduct of business affairs of firm - Plea of partner that he already retired from firm - This fact has to be proved during trial - Quashing of summoning order, set aside. (2024(1) Civil Court Cases 082 (S.C.)

Dishonour of cheque - Printed instructions on cheque that it would be valid only for Rs.10 lakhs but disputed cheque was of Rs.12.25 lakhs - It cannot be treated as valid negotiable instrument. (2023(1) Civil Court Cases 668 (Rajasthan)

Divorce - Conduct of wife in calling husband as stingy person and also sharing intimate details with her sisters - Amounts to mental cruelty - Divorce rightly granted to husband. (2022(3) Civil Court Cases 211 (Madras) (DB)

Subscribe Civil Court Cases for the year 2025 and get 5% extra discount (T&C apply) on any book purchased from us.

Our Whatsapp No.7814266184

211

Legal knowledge

12 Nov, 10:43

IMPORTANT DECISIONS

Dishonour of cheque - 20.09.1995 is the date of refusal to receive notice as per postal endorsement - 15 days fell on 05.10.1995 - Complaint filed on 05.10.1995 - Complaint should have been instituted on or after 16th day - Acquittal calls for no interference. (2024(3) Civil Court Cases 658 (P&H)

Dishonour of cheque - Expert opinion from a private expert - Private expert must be a person of repute. (2023(4) Civil Court Cases 314 (Rajasthan)

Dishonour of cheque - Pre-mature complaint - Complaint rightly dismissed. (2023(1) Civil Court Cases 732 (Rajasthan)

Divorce - Excessive drinking by husband instead of discharging his obligations - Amounts to mental cruelty. (2023(4) Civil Court Cases 159 (Chhattisgarh)

Domestic Violence - Proceedings u/s 12 of PWDV Act - Evidence by way of affidavit - Court can allow evidence on affidavit in its discretion. (2023(3) Civil Court Cases 037 (Gujarat)

Subscribe Civil Court Cases for the year 2025 and get 5% extra discount (T&C apply) on any book purchased from us.

Our Whatsapp No.7814266184

213

Legal knowledge

12 Nov, 01:48

Apex Court Judgments - Reporting Supreme Court Judgments - 2024(2) - Index page 13. See our reporting and quality of head notes. Contact us : 7814266184

277

Legal knowledge

11 Nov, 01:57

Criminal Court Cases, 2024(3) Index page 18. See our reporting and quality of our head notes. Our WhatsApp No.7814266184

254

Legal knowledge

09 Nov, 07:18

Civil Court Cases - 2024(3) - Index page 46 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

353

Legal knowledge

08 Nov, 02:54

Civil Court Cases - 2024(3) - Index page 45 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

708

Legal knowledge

07 Nov, 11:12

CCC 2025 Subsc. 4200/-. Subscribe and get 5% extra discount on purchase of any book from us. CCC is subscribed by Advocates, practising on the civil side, throughout India. Our WhatsApp No.7814266184

170

Legal knowledge

07 Nov, 02:33

Presiding Officers
Disclose your identity to us :
1. We will mark your name in our record and we will never share your identity with anyone.
2. Get some discount on purchase of law books.

WhatsApp message to: 7814266184

176

Legal knowledge

07 Nov, 02:14

Civil Court Cases - 2024(3) - Index page 44 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

176

Legal knowledge

06 Nov, 01:42

Legal knowledge
Telegram channel
Join channel

https://t.me/legalknowledge2

223

Legal knowledge

06 Nov, 01:41

Civil Court Cases - 2024(3) - Index page 43 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

228

Legal knowledge

05 Nov, 02:05

Civil Court Cases - 2024(3) - Index page 42 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

289

Legal knowledge

05 Nov, 02:04

Legal knowledge
Telegram channel
Join channel

https://t.me/legalknowledge2

248

Legal knowledge

04 Nov, 01:41

Civil Court Cases - 2024(3) - Index page 41 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

327

Legal knowledge

25 Oct, 11:45

Law Books
Telegram channel
Join group

https://t.me/+S3t5j_fII9EwMThl

Legal knowledge

25 Oct, 11:44

Criminal Court Cases, 2024(3) Index page 15. See our reporting and quality of our head notes. Our WhatsApp No.7814266184

Legal knowledge

24 Oct, 15:41

Apex Court Judgments - Reporting Supreme Court Judgments - 2024(2) - Index page 11. See our reporting and quality of head notes. Contact us : 7814266184

174

Legal knowledge

24 Oct, 01:57

Civil Court Cases - 2024(3) - Index page 30 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

224

Legal knowledge

24 Oct, 01:53

Join
Legal knowledge
Telegram channel

https://t.me/legalknowledge2

180

Legal knowledge

23 Oct, 02:15

Civil Court Cases - 2024(3) - Index page 29 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

264

Legal knowledge

22 Oct, 09:39

https://t.me/+S3t5j_fII9EwMThl

286

Legal knowledge

22 Oct, 02:56

Civil Court Cases - 2024(3) - Index page 28 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

313

Legal knowledge

21 Oct, 11:36

Criminal Court Cases, 2024(3) Index page 13. See our reporting and quality of our head notes. Our WhatsApp No.7814266184

340

Legal knowledge

21 Oct, 06:25

Digest of Injunctions - 1950 - 2023 - Lawmann - Price Rs.1895 - Net price Rs.1420 - Delivery charges NIL - Cash on delivery not available - Gpay/phonepe to 7814266184 - UPI ID : legal605@upi - Our Whatsapp No.7814266184

344

Legal knowledge

21 Oct, 01:47

Civil Court Cases - 2024(3) - Index page 27 - See our reporting and head notes. If you like then buy bound volumes or subscribe monthly parts. Our WhatsApp No.7814266184

316