DAILY LEGAL UPDATES

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*(31.05.2018)*

*Agreement to sell - Executed on 23rd whereas stamp paper purchased on 27th - Agreement to sell is fabricated. (2017(3) Civil Court Cases 631 (Hyderabad)*

*Amendment of plaint - Second application on the same cause of action is not maintainable. (2018(2) Civil Court Cases 358 (Allahabad)*

*Dishonour of cheque - Business transaction - Plea that cheque was issued as a security or amount covered by cheque was not due from accused as on date when cheque was issued - Account details pertaining to outstanding dues must be produced by complainant to prove that amount covered by cheque was due as on date when cheque was issued. (2018(2) Civil Court Cases 530 (Kerala)*

*Dishonour of cheque - Dismissal in default for want of prosecution - Accused cannot be tried again for the same offence - However, accused can be tried, on the same facts, for any other offence. (2017(2) Criminal Court Cases 614 (Delhi)*

*Dishonour of cheque - Part payment - Complaint filed for the balance amount without there being compliance of endorsement as provided u/s 56 of NI Act - Proceedings quashed. (2016(1) Criminal Court Cases 657 (Kerala)*

*Domestic Violence - A divorced wife cannot claim right to residence. 2016(Suppl.) Civil Court Cases 013 (Calcutta)*

*Judgment on admission - Admission need not be in pleadings of same case but can be in any other form, including in unconnected proceedings. (2018(2) Civil Court Cases 475 (Delhi)*

*Replication - Non filing  - It cannot be assumed that case pleaded in written statement stand admitted. (2018(2) Civil Court Cases 514 (P&H)*

*Tape recorded conversation - Original cassette by which ransom call was tape recorded -  It is primary evidence -  Certificate u/s 65-B of Evidence Act not required. (2017(4) Criminal Court Cases 001 (S.C.)*

*Will - Propounder of Will need not examine himself, particularly, when it is not the case of propounder of Will that he was present at the time of execution of Will. (2017(3) Civil Court Cases 209 (Delhi)*

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