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Thursday, June 24, 2010

IMPORTANT POINTS

Adverse Possession--Mere non-payment of rent will not put an end to relationship of landlord and tenant so as to declare possession to be open and hostile to true owner. 828
Adverse Possession--Plea of adverse possession cannot be raised by filing suit for declaration by a person who pleads uninterrupted possession. 828
Adverse Possession--Plea of ownership and adverse possession cannot co-exits. 828
Allotment of plot--Additional price--Demand Notice--Bar of Civil Court jurisdiction --Question, whether demand raised is factually justified or not would not make demand notice null and void--There is significant difference between an action being wrong and an action being null and void--Impugned demand notice cannot said to be null and void--Jurisdiction of Civil Court to try suit is barred by Section 50 of HUDA Act. 802
Cheating--Merely because material was not supplied per se would not indicate commission of offence of cheating or criminal breach of trust--Complaint quashed. 840
Compensation--Appellant to whom vehicle was allegedly transferred by way of execution of document though not registered with Registering Authority not liable to bear compensation payable on account of accident in question. 842
Culpable homicide--Sudden fight--In case of free fight every accused is individually liable for injury caused by him. 849
Dishonour of Cheque--Quashing of Complaint--Petitioner being not drawer or signatory of cheque in dispute cannot be held liable for conviction under Section 138--Complaint qua petitioner quashed. 807
Dying declaration--Statement made by deceased inculpating accused after having been tutored, prompted and instigated by members of her family from parents side who were present there--In such circumstances, dying declaration cannot constitute sole basis for recording conviction. 846
Ejectment--Bonafide Necessity--Respondent is practicing advocate and is recently married--Claim of respondent for being in occupation of tenanted premises in his own right and on part of his parents to settle him independently not unnatural. 817
Land Acquisition--Notification--Simultaneous notifications under Section 4 r/w S.17 and under Section 6 r/w 17 on same day cannot be published. 860
Octroi Duty--Imposition of--Only sale within the municipal limit does not authorize the municipality to charge octroi on goods--Octroi can be levied and charged when sale of octrioable is made in the octroi area for the purpose of consumption and use within the octroi area--If a person purchases goods to be consumed beyond the octroi area then no octroi can be levied. 825
Quashing of FIR--Demand of dowry--FIR recites that complainant has been living in her parental home and accused have not accepted her in matrimonial home since birth of daughter--FIR does not disclose entrustment of property to either of petitioners specifically or dishonest misappropriation of the property--No specific allegations made in regard to commission of offence under Section 498-A IPC--FIR qua petitioners quashed. 805
Rash and Negligent Driving--Proof of rashness or negligence are sine qua non for proving commission of an offence under Section 304-A. 875