DAILY LEGAL UPDATES

DAILY  LEGAL UPDATES

Adverse possession - Suit for declaration of ownership on the basis of adverse possession - Not maintainable. (Madras)

Contraband - Default bail - Challan not presented within stipulated time - Extension of time to file challan - Accused cannot be denied default bail merely on the ground that report of chemical examiner/FSL is awaited and some other accused are to be arrested - Bail granted. (P&H)

Dishonour of cheque - Compromise - High Court after being satisfied that cheque amount with assessed cost and interest has been paid, can close proceedings even in absence of complainant. (H.P.)

Ex parte decree - Defendant did not lead any evidence - Trial Court proceeded to hear the suit ex parte by taking recourse to O.9.R.6(a) in terms of O.17.R.2 of the Code - Such decree is an ex parte decree - Decree can be set aside on making out sufficient ground by defendant. (S.C.)

Maintenance - No bar to Court to grant maintenance u/s 125 Cr.P.C. even when financial assistance/maintenance was granted by Matrimonial Court dealing in matrimonial proceedings. (Bombay)

Rape of mentally challenged girl - Age of prosecutrix being less than 18 years not proved by prosecution - Provisions of POSCO Act could not have been invoked - Accused acquitted. (Bombay)

Sessions trial - Appearance by Public Prosecutor - In Sessions trials, case against accused is to be prosecuted only by Public Prosecutor and not by counsel engaged by aggrieved private party. (Gujarat)

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