IMPORTANT DECISIONS (17.07.2016)



Adverse possession - Title of plaintiff denied - There is no question of having acquired title by adverse possession. (2016(1) Apex Court Judgments 165 (S.C.) 



Agreement to sell - If various interpretations are possible, Court must not shy away from taking an interpretation so that justice is done - Courts should not get struck in the quagmire of technicalities - If there is an ambiguity but the same is capable of being removed as per the intention of the parties, then, Courts must step in to remove the ambiguity.  (2016(2) Civil Court Cases 394 (Delhi) 



Charge framed for higher offence - Accused can be convicted for lesser offence provided such lesser offence is "cognate offence" - Ingredients of such lesser offence has to be common - If offence/s for which charge is framed, is one and other offence for which conviction is recorded is different in its ingredients or it is different in its nature then conviction would not sustain as no charge was framed. (2016(1) Criminal Court Cases 813 (Guj.) 



Comparison of handwriting or signature - Merely because the time gap between  admitted and disputed handwriting/signature is long, does not bar Court from sending disputed handwriting/signature for comparison to an expert. (2016(2) Civil Court Cases 599 (Hyd.) 



Contraband - Non-compliance of S.50 of NDPS Act - Independent witnesses though available but not  associated  Non-compliance of S.50 of Act, held, vitiated the trial. (2016(2) Criminal Court Cases 348 (H.P.) (DB)



Dishonour of cheque - Non appearance of complainant - Dismissal in default - Amounts to acquittal. (2016(2) Civil Court Cases 717 (S.C.) 



Dishonour of cheque - Pre-mature complaint -  Complaint is not maintainable. (2016(1) Civil Court Cases 487 (P&H) 



Domestic Violence - Divorced wife who has been subjected to domestic violence during continuation of marriage or domestic relationship may move an application for appropriate relief.  (2016(1) Civil Court Cases 541 (All.) 



Dowry death - Demand of dowry - By brother and sisters of husband - In the instant case even if there is demand of dowry but there is no material that brother and sisters of husband harassed the victim resulting in her death - Brother and sisters acquitted.  (2015(Suppl.) Criminal Court Cases 351 (S.C.) 



Expert opinion - Cannot be totally disregarded by Court without recording a valid reason. (2015(Sup.) Civil Court Cases 050 (Gauhati)