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Thursday, September 21, 2017

Acknowledgement - Payment by cheque amounts to acknowledgment irrespective of the fact that cheque was dishonoured when presented.

IMPORTANT DECISIONS(21.09.2017)

Acknowledgement - Payment by cheque amounts to acknowledgment irrespective of the fact that cheque was dishonoured when presented. (2017(3) Civil Court Cases 703 (Delhi) 

Contempt of Courts - Default alleged though is unmistakably evident, but in the absence of any wilful or deliberate intention to commit the same, a person is not liable for contempt. (2017(3) Apex Court Judgments 080 (S.C.) 

Doctor - Performed operation in good faith - Nothing on record that accused concealed the fact regarding treatment - Element of cheating is not made out merely because accused had given assurance to control the condition of patient - Charge sheet quashed.(2017(3) Criminal Court Cases 592 (Allahabad) 

Exhibiting of documents - Documents not exhibited due to lack of proper care - Documents already on record allowed to be exhibited in accordance with law before proceeding with trial of the case. (2017(3) Civil Court Cases 614 (Sikkim) 

Rash and negligent driving - Failure to prove that it was accused who was driving the vehicle - Merely because accused was engaged as a driver of offending vehicle, ipso facto cannot be substitute for express proof of fact that vehicle infact was driven by accused at the time of accident - Accused acquitted. (2017(3) Criminal Court Cases 656 (H.P.) 

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