*IMPORTANT DECISIONS* *(Message No.014)*
*Anticipatory bail - Second application - To be heard by same judge who had disposed of first bail application in case he is available. 2019(2) Criminal Court Cases 797 (S.C.)*
*Consumer - Equity linked insurance plan - LIC held on the moneys wrongfully for five years - Direction for payment of interest at 12% not sufficient - Additional amount of Two Lakhs directed to be paid. 2019(2) Civil Court Cases 362 (S.C.)*
*Consumer complaint - Can be dismissed in limine and its admission can be declined without notice to the opposite party. 2019(2) Civil Court Cases 271 (S.C.)*
*Consumer complaints - Numerous consumers having same interest - Complaint - It is O.1.R.8 CPC which applies. 2019(2) Civil Court Cases 164 (S.C.)*
*Dying declaration - A painkiller was injected - Statement recorded thereafter - Once a sedative was injected, possibility of her being in state of delusion cannot be completely ruled out. 2019(2) Criminal Court Cases 289 (S.C.)*
*Dying declaration - Fit state of mind to make statement - Endorsement made by doctor after recording statement - Normally it should be the other way round. 2019(2) Criminal Court Cases 289 (S.C.)*
*Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage does not amount to bigamy as on the date of remarriage first marriage was not subsisting. 2019(2) Civil Court Cases 144 (Kerala)*
*Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court. 2019(2) Civil Court Cases 096 (S.C.)*
*Joinder of causes of action - Plaintiff may unite in the same suit several causes of action against same defendant or the same defendants jointly - There cannot be joinder of causes of action when there are different set of defendants who have different causes of actions. 2019(2) Civil Court Cases 127 (S.C.)*
*Late production of documents - Simple prayer to place on record certain documents - No corresponding prayer to prove those documents - Application rightly dismissed. 2019(2) Civil Court Cases 717 (H.P.)*
*Lease - Death of licensor - Relationship between licensor and licensee stands extinguished. 2019(1) LAWDIGITAL.IN 093 (P&H)*
*Maintenance - Husband getting monthly salary of Rs.30/35 thousand - Maintenance of Rs.8000/- p.m. to wife and Rs.2000/- to minor daughter awarded. 2019(2) Civil Court Cases 337 (S.C.)*
*Maintenance - Petition can be filed at the place where husband resides or at the place where wife resides - Even a place where wife is for the time being residing would confer jurisdiction on such Court. 2019(2) Civil Court Cases 564 (Delhi)*
*Maintenance to wife and minor daughter - Husband getting monthly salary of Rs.30/35,000 - Maintenance of Rs.8000/- to wife and Rs.2,000/- to minor daughter granted. 2019(2) Criminal Court Cases 150 (S.C.)*
*Medical negligence - Compensation - To be awarded for pecuniary damages and also non pecuniary damages like pain and suffering and loss of amenities of life. 2019(2) Civil Court Cases 795 (S.C.)*
*Minors property - Sale without permission of Court - Alienation made on behalf of minor can be avoided by minor or any person claiming under him by filing a suit. 2019(2) Civil Court Cases 181 (S.C.)*
*Possession - Settled possession means such possession over the property which has existed for a sufficiently long period of time, and has been acquiesced to by the true owner - A casual act of possession does not have the effect of interrupting the possession of the rightful owner - A stray act of trespass, or a possession which has not matured into settled possession, can be obstructed or removed by the true owner even by using necessary force. 2019(2) Civil Court Cases 572 (S.C.)*
*Promissory note - Executed towards payment of dowry as security for such payment - No consideration passed - Plaintiff not entitled to recovery of money. 2019(1) LAWDIGITAL.IN 060 (Madras)*
*Quashing of complaint - Court is only required to see the allegations made in the complaint. 2019(2) Criminal Court Cases 770 (S.C.)*
*Quashing of final report - Final report that a prima facie case is made out - High Court quashed the final report without observing anything on merits of Final Report - High Court clearly erred. 2019(2) Criminal Court Cases 478 (S.C.)*
*Rejection of plaint - Plea that suit is barred u/s 4 of Benami Transaction Act - Can be decided only when parties lead evidence. 2019(2) Civil Court Cases 741 (S.C.)*
*Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - High Court did not discuss nor dealt with any issues arising in the case nor dealt with submissions urged by appellant and why appeal did not involve any substantial question of law - Impugned order set aside. 2019(2) Civil Court Cases 386 (S.C.)*
*Will - Suspicious circumstance - Non-mentioning of name of daughter of testator, would not make registered Will suspicious, when testator mentioned that he has a female child on who's marriage he spent sufficient amount. 2019(1) LAWDIGITAL.IN 058 (P&H)*
*Will - Suspicious circumstance - Non-production of register of scribe not relevant, particularly when Will is a registered document and when scribe when asked about register, he had stated that it was never summoned from him. 2019(1) LAWDIGITAL.IN 058 (P&H)*
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