Legal Updates…

Replication – Replication though not pleading specifically provided but it attains character of pleadings when permitted to be filed by Court. (2025(1) Civil Court Cases 484 (P&H)

Review – Failure of Court to decide a plea that has not been raised, cannot be termed as an error apparent on the face of record. (2023(3) Civil Court Cases 114 (Allahabad)

SCST – Complainant and petitioners have compromised the matter inter se them – FIR along with consequential proceedings quashed. (2025(1) Criminal Court Cases 153 (H.P.)

Service – Employee attained the age of superannuation and charge sheet filed thereafter – On the date of superannuation, no disciplinary proceedings was pending against him – Order of removal or dismissal from service can be passed only when an employee is in service – Order of punishment set aside – Employee is entitled to all the service benefits due to him along with interest @ 7% per annum from the date of his retirement due to him till the payment is made to his legal heirs. (2024(1) Apex Court Judgments 433 (S.C.)

Specific performance – Plaintiff chasing defendant to execute sale deed – It is a relevant fact to grant relief of specific performance. (2024(1) Civil Court Cases 530 (Allahabad)

Stay of execution – Application U.O.21.R.26 CPC filed before executing Court, which had passed the decree, is not maintainable. (2024(4) Civil Court Cases 242 (A.P.)

Suit for mandatory injunction – Property under unlawful possession of defendant – Failure to seek declaration and recovery of possession is a legal hurdle in grant of any relief to a suitor – Suit rightly dismissed. (2024(3) Civil Court Cases 052 (A.P.)

Suspension of sentence during pendency of appeal – When there is fixed term sentence and especially when appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted. (2024(1) Criminal Court Cases 591 (S.C.)

Trespass over a plot – Offence u/s 448 IPC is not made out as S.448 IPC applies only when there is trespass in the house. (2024(4) Criminal Court Cases 750 (Allahabad)

Will – Ill health – From the evidence of witnesses, it cannot be held that testator was not in good senses and was unable to understand the welfare or take correct decisions – Will cannot be held to be suspicious on the ground of alleged ill health of testator at the time of execution of Will. (2024(2) Civil Court Cases 480 (S.C.)

Wrong provision of law and relief not properly worded – Court has adequate and sufficient power to mould relief to come within the purview of the particular provision as also make available relief which is required to be granted in the particular facts. (2023(1) Civil Court Cases 011 (Karnataka)

Anticipatory bail – Custodial interrogation not required – By itself may not be a ground to release an accused on anticipatory bail if offences are of a serious nature. (2024(2) Criminal Court Cases 357 (S.C.)

Agreement to sell – Suit for specific performance filed on the last day of limitation – Plaintiff is not entitled to relief of specific performance. (2025(1) Civil Court Cases 568 (P&H)

Agreement to sell – Possession handed over to purchaser – What remained was only formality of execution of sale deed – Such agreement for sale was the principal document on which stamp duty was to be paid. (2024(3) Apex Court Judgments 059 (S.C.)

Abetment of suicide – Mere fact that husband or wife treated the deceased spouse with cruelty so also the word uttered in a fit of anger or emotion without any intention cannot be termed as instigation. (2024(4) Criminal Court Cases 125 (Rajasthan)

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