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DAILY LEGAL UPDATES
(23.05.2016)

Agreement to sell - Essential ingredients are : (a) Parties to the agreement should be clear; (b) Subject matter of the agreement has to be clear; (iii) total price payable has to be clear; (iv) price whether payable in lump sum in advance or partly in advance and partly at the time of execution and registration of sale deed. (2016(2) Civil Court Cases 394 (Delhi)

Civil Procedure Code, 1908,Ss.148, 151 - Enlargement of time - "not exceeding thirty days in total" - Enlargement of time, whether one time or phased, cannot exceed thirty days - Time beyond maximum thirty days can be extended u/s 151 CPC, if act could not be performed within thirty days for the reasons beyond the control of the party. (2016(2) Civil Court Cases 521 (S.C.)

Criminal Procedure Code, 1973, S.439(2) - Cancellation of bail - S.439(2) Cr.P.C. empowers the Court concerned to cancel the bail though phrase 'cancel the bail' is not mentioned in it. (Kerala) 337

Dishonour of cheque - Notice - No demand made for payment of cheque amount - Notice not valid - Complaint is not maintainable. (2016(2) Civil Court Cases 489 (Kerala)

Hindu Marriage Act, 1955, S.13-B - Divorce by mutual consent - Fraud or misrepresentation - Recall of decree - Mere allegation of fraud or misrepresentation not sufficient unless established by tangible evidence on record in support thereof - Decree cannot be recalled on the mere premise that parties were not living separately. (2016(2) Civil Court Cases 409 (Rajasthan) (DB)

Indian Penal Code, 1860, S.419 - Cheating by personation - Prosecution has not led any evidence as to how and in what manner I.O was cheated by accused by impersonation - Prosecution failed to prove case against accused u/s 419 IPC - Accused acquitted. (2016(2) Criminal Court Cases 348 (H.P.) (DB)

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Defamation - Sanction for prosecution - Act of defamation does not come within purview of official duty - Sanction for prosecution not required. (2015(3) Criminal Court Cases 445 (Delhi)

Advocate - Professional misconduct - Appearing for and against the same client - It amounts to professional misconduct when property involved in both the cases is same. (2015(4) Civil Court Cases 574 (S.C.)

Divorce - Conviction in a case of murder - Amounts to cruelty. (2015(3) Civil Court Cases 076 (Delhi)

Domestic violence - Wife harassed since 2000 - Compensation and damages - Apart from the relief of residence and maintenance order wife is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by husband - Husband directed to pay compensation and damages to the extent of Rs.5,00,000/- in favour of wife. 2014(1) Civil Court Cases 150 (S.C.)

Default bail - Cannot be denied to proclaimed offender

Default bail - Proclaimed offender - Offence under NDPS Act - Challan not presented within 180 days i.e. prescribed period and application for grant of bail filed after expiry of 180 days - Held, bare perusal of S.167 (2) Cr.P.C. shows that there is no distinction that a proclaimed offender will not get order of bail by default clause - Petitioner has indefeasible right to get concession of bail by invoking provision of S.167 (2) Cr.P.C. (Gurvinder Singh @ Mannu Vs State of Punjab) 2014(1) Criminal Court Cases 237 (P&H)

inviting comments on sc judgement on 377
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