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 IMPORTANT DECISIONS (02.07.2016) 

Agreement to sell - Contingent contract depending upon certain conditions - If any of the conditions is not fulfilled seller is not bound to sell suit property and complete the sale even if purchaser waived the said conditions. (2016(1) Civil Court Cases 270 (S.C.) 

Contraband - False implication - Cannot be ruled out completely as information received by SHO while sitting in Thana was not reduced in writing and not forwarded to superior officer as required u/s 42 of NDPS Act. (2016(2) Criminal Court Cases 703 (Uttarakhand) 

Cross examination - Refusal to allow questions at the time of cross examination can only be justified if Court comes to  conclusion that questions are : (i) inter-alia those which a party can not be forced to answer; (ii) patently erroneous; (iii) put to delay the proceedings; (iv) for oblique purpose or (v) have no nexus with the dispute between the parties. (2016(2) Civil Court Cases 799 (Bom.)

Dishonour of cheque - Part payment - Complaint filed for the balance amount without there being compliance of endorsement as provided u/s 56 of NI Act - Proceedings quashed. (2016(1) Civil Court Cases 579 (Kerala)  : (2016(1) Criminal Court Cases 657 (Kerala) 

Divorce - Grave allegations by wife of illicit relationship in written statement - May amount to cruelty - However, an issue has to be framed which should be decided after allowing parties to lead evidence. (2016(1) Civil Court Cases 651 (Raj.) 

Domestic Violence - Return of Dahej articles after passing of decree of divorce by mutual consent is maintainable. (2016(1) Civil Court Cases 533 (Bombay) 

Maintainability of suit - It is for plaintiff to first establish his right and then seek remedy - Plaintiff has to stand on his own legs and cannot take advantage of the weakness of the defendant's case. (2016(1) Civil Court Cases 047 (H.P.) 

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