DAILY LEGAL UPDATES

*DAILY LEGAL UPDATES -
*(01.06.2018)*

*Additional evidence - When evidence is essential, there is no bar qua its reception at any stage even if the stage is of conclusion of arguments. (2015(1) Civil Court Cases 101 (P&H)*

*Agreement to sell -  Plot in question non transferable for 10 years - No decree for specific performance can be passed on the basis of alleged receipt-cum-agreement. (2016(2) Civil Court Cases 478 (S.C.)*

*Arrest warrants - Warrant can be issued for appearance before Court only and not before police. (2018(2) Criminal Court Cases 173 (Gujarat)*

*Dishonour of cheque - Loan - Neither any receipt nor any authenticated document placed on record - No proof of legal liability - Accused rightly acquitted. (2016(1) Criminal Court Cases 631 (P&H)*

*Divorce - Cruelty - Wife admitting in cross examination that if husband had not filed petition for dissolution of marriage she would not have filed criminal complaint against husband - This only shows ill intention of wife to put husband behind bars and also to humiliate and harass him - Such act on part of wife definitely comes within meaning and definition of `cruelty' - Divorce granted. (2018(2) Civil Court Cases 574 (Madras)*

*Divorce by mutual consent - Cannot be granted in a petition filed u/s 13 of Hindu Marriage Act and more so when conditions mentioned in S.13-B of the Act are not satisfied. (2017(2) Civil Court Cases 601 (Bombay)*

*Ex parte decree - Passed on the basis of publication of notice in a newspaper - Order of substituted service not legal and justified - Ex parte decree set aside. (2016(2) Civil Court Cases 486 (P&H)*

*Maintenance pendente lite - Cannot be denied to  wife on the ground that she is educated and could support herself - Likewise, financial position of wife's parents is also immaterial. (2017(2) Apex Court Judgments 331 (S.C.)*

*Notice u/s 80 CPC - Municipality - No notice is necessary when suit is filed against a municipality as municipal council is not a public officer. (2016(1) Apex Court Judgments 165 (S.C.)*

*Rent & Eviction - Order of eviction can be passed when one out of several grounds is proved. (2018(2) Civil Court Cases 496 (S.C.)*

*SUPREME COURT - 22 YEARS DIGEST - TWO VOLS.  Now Available.