Sunday, 24 February 2019

Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside-- Muslim Law—Oral Gift—Conditions for making valid oral gift under the Mohammedan law are:- (i) there should be wish or intention on the part of the donor to gift; (ii) acceptance by the donee; and (iii) taking possession of the subject matter of the gift by the donee.

Right to Dignity—Death Row Prisoner is entitled to have interview with his family and friends; to have discussions with his lawyer and meeting mental health professionals.

Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.

Contempt—Willful Disobedience—Contempt jurisdiction cannot be invoked on the basis of impressions, in absence of specific directions or orders.

Framing of Charge—Complainant sustained injuries on the nose and fracture of the nasal bone was found—Held; that the case may fall within the grievous hurt, hut it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC

Attempt to Murder—Compromise between Parties—Despite any settlement between the complainant and the accused, the criminal proceedings under Section 307 IPC cannot be quashed, as the offence is a non-compoundable offence

Service Law—Re-employment—Regularization of any employee already in service does not give any right to retrenched employee for claiming re-employment in the services

Ownership—Documents like several permissions of the municipality and tax receipts might imply possession but they cannot be relied to confer title of immovable property upon the holder of such documents