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

Table of Contents

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

01 :- NDPS ACT Section .42,57-Recovery of 1 kg heroine – Secret information Compliance of Ss.42, 57 of the Act -Sufficient reliable evidence on record to prove that information was given by PW2 to his senior officers by RT set and mobile phone by informant- There was thus due compliance of Ss.42, 57 of the Act. CRL A 3343/2013 ( Allahabad HIGH COURT)

Justice Gita Mittal Is An Example Of Failure Of Collegium System : Justice AK Sikri On Her Non-Elevation To SC

02 :- Section .437 CRPC -Bail – While considering bail are not expected to discuss merits and demerits of evidence collected against accused- Moreover detailed examination ofevidence orelaborate documentation application, Courts of merits of case is also to be avoided. Bail Appl 7521/2017 ( KERALA HIGH COURT)

 03 :- Section .499, 501 IPC -Defamation- Publication of news item- If content of any news item carried in a newspaper is defamatory as defined u/s 499 IPC, mere printing of such material ‘knowing or having good reason to believe that such matter is defamatory’ itself constitutes a distinct offence u/s 501 IPC.  CRL. A 2059/2017 ( SUPREME COURT)

 04 :- Precedents – Peculiar facts of each case are to be examined, considered and appreciated first, before applying any codified or judge made law thereto – Sometimes difference of even one circumstance or additional fact can make the world of difference. Regular Scond Appeal 5228/2015 ( PUNJAB & HARYANA HIGH COURT

SC requests to hear application under Section 391 for adducing additional evidence as earliest

05 :- Agreement to sell Specific performance – Ready and willing Provision of S.16(c) Specific Relief Act and disclosure of means or source to raise and pay in cash become insignificant and inconsequential when it a case of fraud and total denial of transaction on the part of defendant. (Specific Relief Act, 1963, S.16(c).  Appeal From Order 457/2016 ( GUJARAT HIGH COURT)
06 :- Order 18.Rule 1 CPC Right to begin -Partition suit -Prior partition of suit land by metes and bounds alleged by defendant – Burden is on defendant to prove prior partition – Defendant rightly directed to begin first.  CM P 655/2016 ( ORISSA HIGH COURT)