KASHYAP AMIT
Important Decision
KASHYAP AMIT 2 Apr 2018

Important Decision

(IMPORTANT DECISIONS 31.03.2018)


Amendment of written statement - Sought after about one year of discovery of document on the basis of which amendment of written statement sought - Application dismissed. (2017(4) Civil Court Cases 425 (Delhi) 


Application u/s 156(3) Cr.P.C. - Order to treat it as complaint - Nothing new which can be exposed after investigation - No illegality or impropriety in the impugned order. (File No.46021 at lawmirror.com)


Custody of child - Wife granted custody by way of an interim order - Husband permitted to visit child at periodical intervals - Withdrawal of suit by wife - Visitation rights of husband cannot be taken away by withdrawal of suit by wife. (File No.43422 at lawmirror.com)


Dishonour of cheque - Security cheque - Merely because cheque is issued as a security is no ground to exonerate the penal liability. (2017(3) Civil Court Cases 407 (Allahabad) 


Document - Not sufficiently stamped and not duly registered, when it was so required - Cannot be admitted in evidence for any purpose. (File No.45869 at lawmirror.com)


Exclusion of time - Pursuing of criminal remedy does not bring the case within the provision of S.14 of Limitation Act. (2017(3) Civil Court Cases 208 (P&H) 


Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application. (2018(1) Civil Court Cases 405 (M.P.) 


Execution - Objections - Plea of renewal of tenancy by accepting rent - Mode and manner of tendering rent not specifically pleaded - Framing of issues and allowing opportunity to lead evidence beyond pleadings is not permissible. (2016(2) Civil Court Cases 020 (H.P.) 


First Appeal - Jurisdiction of First Appellate Court is very wide like that of Trial Court. (2018(1) Apex Court Judgments 218 (S.C.) 


Specific performance - Ready and willing - Disclosure of means or source to raise and pay in cash become insignificant and inconsequential when it a case of fraud and total denial of transaction on the part of defendant. (2018(1) Civil Court Cases 340 (Gujarat) 

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