Dishonour of cheque - Service of notice is presumed when notice is sent by registered post is returned

*DAILY LEGAL UPDATES (10.07.2017)*

Dishonour of cheque -  Service of notice is presumed when notice is sent by registered post is returned with postal endorsement `refused' or `not available in the house'  or `house locked' or `shop closed' or `addressee not in station'. (2017(2) APEX COURT J 226 (S.C.)

Divorce - Cruelty - (i) threatening to cut wrist by wife, uttering that this would ensure that her husband and her in-laws are sent to jail ; (ii) threatening to commit suicide by way of SMS; (iii) Conduct of wife before Magistrate in trying to ensure that husband remains in jail for maximum period and does not obtain bail; (iv) leveling false allegations of physical cruelty to compel her parents to meet the dowry demand of her in-laws - Divorce rightly granted. (2017(2) CIVIL COURT CASES 735 (Delhi)

False affidavit - Absence of finding of Court - Proceedings u/s 340 Cr.P.C. not to be initiated. (2017(2) Criminal Court Cases 720 (Allahabad)

Local Commissioner - Suit for perpetual injunction - There is no thumb rule that in a suit for perpetual injunction, an advocate Commissioner cannot be appointed. (2017(2) Civil Court Cases 439 (Hyderabad)

Medical Termination of Pregnancy of 24 weeks - Risk to the life of mother - Termination of pregnancy, allowed. (2017(1) APEX COURT J 699 (S.C.)

Rejection of plaint and amendment of plaint - Application for amendment of plaint has to be decided first before deciding application for rejection of plaint. (2017(2) CIVIL COURT CASES 657 (Bombay)

Summoning of defence witness, production of document or thing - Cannot be rejected by Court as unnecessary - Can be denied only on the ground of vexation or delay or defeating the ends of justice. (2017(1) Criminal Court Cases 384 (Kerala)

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Abetment of suicide - No evidence that deceased was compelled to consume poison - However, a situation was created over a sufficiently long period of time whereby deceased was left with no option but to take her life - Held, offence u/s 306 IPC is clearly made out. (2014(2) APEX COURT J 322 (S.C.)

Arrest without warrant - Police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions of S.41 of Cr.P.C.  -  Police officers also to record the reasons in writing for not making the arrest. 2014(2) APEX COURT J 385 (S.C.)

Contempt of Court  -  Once Court passes an order, parties to proceedings before Court cannot avoid implementation of that order by seeking refuge under any statutory rule. (2014(3) Civil Court Cases 409 (S.C.)

Dishonour of cheque - Affidavit - Inadmissible portion in affidavit - On objection Court will deal with those objections in accordance with law. (2010(1) Criminal Court Cases 951 (S.C.) 

Dishonour of cheque - Evidence on affidavits - Cross examination of deponent - On appearance in Court there is no necessity to depose verbally what is already stated in affidavit. (2010(1) Criminal Court Cases 951 (S.C.) 

Dishonour of cheque - Offence by company - Director or any other officer cannot be prosecuted without impleadment of company. (2014(3) Civil Court Cases 706(S.C.)

Dying declaration - Two sets of accused - Segregation or severance - There is no difficulty in segregating the role of two sets of accused persons if dying declaration is severable. 2014(2) APEX COURT J 068 (S.C.)

FIR - Non examination of the scribe - Not fatal. (2010(1) Criminal Court Cases 031 (S.C.)  

Land acquisition - Landlord can maintain a suit for eviction of his tenant even after an award is passed in respect of tenanted property, when possession is not taken by land acquiring authority. 2014(2) APEX COURT J 177 (S.C.)

Offence u/s 498-A IPC or u/s 4 Dowry Prohibition Act or an offence punishable with imprisonment for a term which may be less than seven years or which may extend to sever years, whether with or without fine - Accused not to be arrested unnecessarily and Magistrate should not authorise detention casually and mechanically - Directions issued - Failure to comply with the directions, a police officer shall be liable to departmental action and also for contempt of Court - Authorising detention without recording reasons by Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court. 2014(2) APEX COURT J 385 (S.C.)

Protection of Women From Domestic Violence Act, 2005, Section 19 (1)(f) - Claim of wife for alternative accommodation - Available only against husband not against in-laws. (2007(1) APEX COURT J 001 (S.C.)

S.42 NDPS Act - Total non compliance of S.42(1) and 42(2) is impermissible - Delayed compliance with satisfactory explanation is acceptable. (2010(1) Criminal Court Cases 444 (S.C.)  

Show cause notice - Once show cause notice is given and opportunity to reply to the show cause notice is afforded, it is not necessary to give an oral hearing. (2014(3) APEX COURT J 246 (S.C.)

Suit for specific performance barred U.O.2.R.2 CPC - All other ancillary or alternative reliefs to the relief of specific performance are also barred - Suit dismissed. 2014(4) Civil Court Cases 001 (Delhi)

Will - Reference of earlier will - Amounts to an admission but not about its due execution or genuineness for which independent proof is required in the manner provided by law by examining at least one attesting witness. (2014(3) Civil Court Cases 120 (A.P.)