LEGAL UPDATES BEST ATTORNEY IN CHENNAI

DAILY LEGAL UPDATES IMPORTANT DECISIONS (24.01.2018) - BEST ATTORNEY IN CHENNAI

• Additional evidence at the stage of final arguments - From the stage of filing written statement defendant knew about evidence he was required to lead to prove his defence - Application rightly rejected. (2016(1) Civil Court Cases 483 (Delhi) 

• Arbitration award - Setting aside - Legal misconduct by arbitrator - Must be palpable from the proceedings - To substantiate a stance of legal misconduct, examination of any witness in Court is impermissible. (2016(1) Apex Court Judgments 144 (S.C.) 

• Compromise - Dispute not only over land but also extortion, forgery and conspiracy - Not in the interest of society to quash FIR. (2017(4) Criminal Court Cases 818 (S.C.) 

• Contraband - Case property produced in a torn packet - Accused acquitted. (2015(3) Criminal Court Cases 618 (H.P.) 

• Dishonour of cheque -  Jurisdiction -  Place where a cheque is delivered for collection i.e. branch of bank of payee or holder in due course, where drawee maintains an account would be determinative of place of territorial jurisdiction. (2016(1) Apex Court Judgments 001 (S.C.) 

• Dishonour of cheque - Pre-mature complaint - Complaint is not maintainable. (2016(1) Criminal Court Cases 207 (P&H) 

• Divorce - Mental cruelty - Refusal to participate in proceedings for divorce and forcing husband to stay in a dead marriage - In itself constitutes mental cruelty. (2017(3) Apex Court Judgments 745 (S.C.) 

• Domestic Violence - Legal relationship of husband and wife continues even after passing of decree of judicial separation. (2016(1) Civil Court Cases 399 (S.C.) 

• Eviction order - No justification on the part of High Court to have entertained the writ petition against  eviction order passed by trial Court - Proper remedy is to file an appeal against eviction order. (2017(3) Apex Court Judgments 612 (S.C.) 

• Hindu law - Hindu Joint Family - Death of Karta - Succeeding Karta can be substituted if undivided Hindu Family continues to be in existence. (2016(1) Civil Court Cases 409 (Chhatisgarh) 

• Mandatory injunction - Retrieval of possession from any of relations like son, daughter etc. then in such an event a suit for possession is not necessary and a suit for mandatory injunction would suffice. (2016(1) Civil Court Cases 568 (Delhi) 

• Preliminary issue - Divorce - Fresh petition filed, on same grounds,  after dismissal of divorce petition on merits - Res judicata - Application to treat issue of res judicata as preliminary issue allowed. (2017(4) Civil Court Cases 739 (P&H) 

• Recall of a witness, who was a statutory authority and in whose presence the test identification parade was held  who made wrong statement against his own record - Court to recall the said witness. (2014(1) Apex Court Judgments 154 (S.C.) 

• Service - Equal pay for equal work - No straitjacket formula that two posts having the same nomenclature has to be given the same pay scale - Nature and quality of the duties performed is to be assessed by expert bodies like the employer or the Pay Commission. (2013(1) Apex Court Judgments 029 (S.C.)

• Suit for mandatory injunction - Non payment of sale consideration by attorney - Agreement executed between principal and attorney outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable. (2016(1) Civil Court Cases 353 (P&H) 

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