Criminal Procedure Code, 1973, Section 397 -- Acquittal - State filed appeal and accused was convicted and benefit of probation was granted - Complainant never challenged the order of acquittal - Revision petition by complainant for inadequate sentence is neither legal not proper - Revision petition dismissed...........
Tenancy -- Plaintiffs failed to prove creation of tenancy in favour of their predecessor-in-interest by State - They could not succeed in the suit simply by taking benefit of revenue entries which existed for few years - Once the very basis of initial revenue entries was not legal, no presumption of truth could be attached to such entries - Suit for declaration of..........
Rent and Eviction -- Non-payment of lease rent - Cultivating tenants themselves admitted that they had given a legal notice showing their readiness and willingness to pay lease rent amount - Therefore, they cannot take a plea that they were handicapped due to COVID-19 Pandemic - Default is of at least three years and time given of two months was not per se inadequate -..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Demand of other amount - If in demand notice other amounts is mentioned with the cheque amount in a separate portion in detail, said notice can not be faulted in a legal term of S.138 (b) of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of defendant - Exemption from substitution of LRs - Ex parte order was passed against defendant - O.22.R.4(4) CPC covers even a defendant who had been declared ex parte - Plaintiff thus, exempted from necessity of substituting legal heir of defendant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 8, 20 -- Recovery of 1 kg charas - Non-compliance of S.50 of the Act - Personal search of accused was conducted by PW1 (Station Officer) who asked accused to give their personal search before a Magistrate or a Gazetted Officer and that accused reposed faith in him and then their personal search was conducted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity - Not questioned at the very first instance by not replying the statutory notice - In such situation burden to prove case beyond reasonable doubt cannot be shifted upon complainant - Statutory presumption u/s 139 of the Act continued and it was for accused to discharge the onus by..........
Will -- Suit for cancellation of Will - Will of a living person has no legal effect - There is no requirement to get same cancelled during lifetime of testator...........
Precedent -- Judgment - Obiter dicta and ratio decidendi - It is not everything said by a judge when giving judgment that constitutes a precedent - Only thing in a judge's decision binding as a legal precedent is principle upon which case is decided and for this reason, it is important to analyze a decision and isolate from it obiter dicta...........
