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Monday, October 16, 2017

Dishonour of cheque - Company - Statutory requirements and settled principles of law - Court to ensure strict compliance before making a person vicariously liable. (2017(3) Apex Court Judgments 040 (S.C.)*

*IMPORTANT DECISIONS (17.10.2017)*

*Counter claim - Amendment - Counter claim of declaration and possession of first floor - Dispossession from ground floor during pendency of suit - Amendment of counter claim allowed - 2003(3) Civil Court Cases 133 (Bombay)  distinguished. (2010(1) Civil Court Cases 806 (Allahabad)*

*Dishonour of cheque - Company - Statutory requirements and settled principles of law - Court to ensure strict compliance before making a person vicariously liable. (2017(3) Apex Court Judgments 040 (S.C.)*

*Offence u/s 394 IPC - Compromise - Offence not compoundable - However, Court in view of compromise arrived at between parties  can reduce the sentence imposed while maintaining conviction. (2017(3) Criminal Court Cases 648 (S.C.)*

*Rejection of plaint - Suit for cancellation of sale deed on the ground of fraud and misrepresentation - Civil suit is maintainable. (2017(3) Civil Court Cases 714 (Allahabad)*

*Sale deed - Registered - Sale deed cannot be cancelled by executing a cancellation deed - Sale deed can only be set aside through intervention of Court. (2017(3) Civil Court Cases 832 (Kerala)*

*Temporary injunction - Cannot be granted when suit for permanent injunction is not maintainable. (2014(3) Civil Court Cases 100 (Rajasthan)*

*Witness - When deposes under instructions of a party and further his statement is merely a hearsay then the same cannot form the basis to record a finding.  (2010(1) Civil Court Cases 701 (P&H)*

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