Tuesday, 25 December 2018

Dishonour of cheque--Appeal against acquittal--Complaint dismissed by Trial Court--High Court without assigning reason refused to grant leave--On the plainest consideration of justice, the High Court ought to have set forth its reasons, howsoever brief, in its order indicative of an application of its mind, all the more when its order is amenable to further avenue of challenge

Voluntarily causing hurt with dangerous weapons--The facts involved in a particular case, depending upon various factors like size, sharpness, would throw light on the question whether the weapon was a dangerous or deadly weapon or not--That would determine whether in the case Section 325 or Section 326 IPC would be applicable.

Arbitration Agreement --Contract--Valid contract--In the absence of signed agreement between the parties, it would be possible to infer from various documents duly approved and signed by the parties in the form of exchange of e-mails, letter, telex, telegrams and other means of tele-communication.

Civil Procedure Code, 1908, S. 11--Res judicata--"When the earlier decision declares valid a transaction which is prohibited by law" it does not operate as res judicata--Res judicata will not operate as a bar for entertaining a fresh cause of action            

Courts below held that the petitioners had knowledge of the concession made in favour of C and negated their contention that they were not aware of the same till they signed the compromise petition before this Court in another appeal--Order, upheld--No reason to interfere with the judgment and order of the High Court impugned in these proceedings-

Medical Negligence--As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.

Hindu Marriage Act, 1955, S. 13--Divorce--Mental Cruelty--To establish cruelty it is not necessary that physical violence should be used-However continued ill-treatment cessation of marital intercourse, studied neglect, indifference of one spouse to the other may lead to an inference of cruelty.   

Fraudulent decree--A fraud puts an end to everything--Settled position that such decree is nothing, but a nullity.