17:-MAY:-2018 IMPORTANT DECISION HIGH COURT & SUPREME COURT

Table of Contents

17:-MAY:-2018 IMPORTANT DECISION HIGH COURT & SUPREME COURT

01 :- Transfer of Property Act, 1882, S.54, Evidence Act, 1872, S.68-Sale deed Proof -Provision of S.68 of Evidence Act which deals with examination of attesting witness to prove execution of a document, does not apply to sale deed which is governed by Section 54 of TPA, CA 19625/2017 (SUPREME COURT)

APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE C.P.C FOR GRANT OF AN AD – INTERIM INJUNCTION

02 :- Section 376 IPC-Rap False Promise to Marriage Acquittal- Prosecutrix complained that accused relative of her deceased husband  developed physical relations with her on promise to marry her but did not fulfill his promise rather threatened to kill he Accused acquitted on following grounds, CRM-A- 1260-MA/2017 (PUNJAB & HARYANA)
03 :- Registration Act Section.17 Registration -Transfer of ownership rights in land – There was no antecedent title vested in transferees before execution of document- Rights flowing to transferees because of that document – Document is compulsorily registrable- In absence of registration, document is nullity in the eyes of law. SA 1643/1978 (ALLAHABAD HIGH COURT)

04 :- Section 306 IPC -Offence punishable under-No material available on record to show that the present applicants abetted commission of suicide by the victim – They cannot be termed as abettor, though the victim had committed suicide Therefore applicants cannot be prima facte held guilty for the offence punishable u/s 306, IPC. CRL Misc Applic (C-482) 1500/2015 (UTTARAKHAND HIGH COURT

Supreme Court 2019 with 19 Important Judgments

05 :- 0rder 14.Rule .1 CPC Framing of issues-Issue are to be framed only on material propositions of law or fact requiring trial and not on all propositions of fact or law which may be contained in pleadings and which are not material i.e on the outcome whereof the outcome of suit does not depend.CRP 176/2017 (Delhi HIGH COURT)
06 :- Section 190 CRPC-Trial Court allowed the application u/s. 190 after it had crossed the stage of framing of charge-Whether proper ?-Held, no-Stage of summoning the accused u/s. 190 had been crossed and, the only power available to the trial Court for summoning the additional accused would become available at the stage of Sec. 319 Cr.P.C. i.e. after recording of the evidence. SB CRL Revision 836/2015 (RAJASTHAN HIGH COURT)