*Adverse possession – Plea available to defendant only when he admits ownership of true owner over suit property to the knowledge of true owner. (2017(3) Civil Court Cases 311 (S.C.)*
*Dishonour of cheque – Stop payment – In fact it amounts to the fact that amount of money for payment to drawee in relation to that cheque was not sufficient in bank. (2017(3) Criminal Court Cases 316 (All.)*
*Maintenance – Decree of restitution of conjugal rights in favour of husband – Not a bar to grant maintenance. (2017(3) Civil Court Cases 446 (Allahabad)*
*Medical evidence – No clear opinion with respect to injuries – Possibilities that the injuries might have been caused by the accused are also ruled out. (2017(2) Apex Court Judgments 747 (S.C.)*
*Rebuttal evidence – Plaintiff can lead evidence in rebuttal only on those issues the burden of proof of which is on the defendant. (2017(3) Civil Court Cases 314 (P&H)*
*Service – Dismissal – Illegal gratification – Appellant acquitted of all the charges levelled against him – Moreover allegations against appellant were made two years after the alleged demand of bribe – Dismissal from service set aside. (2017(2) Apex Court Judgments 590 (S.C.)*
*Dishonour of cheque – Insufficient funds – Funds can be checked online at the bank branch where it was presented and cheque need not to be sent to the bank branch from where it was issued. (2010(1) Civil Court Cases 443 (Gujarat)*
*Doctrine – Promissory estoppel & legitimate expectation – Cannot be invoked which would block public interest for private benefit. (2016(1) Apex Court Judgments 427 (S.C.)*
*Economic offences – Serious charges of forgery – Settlement with bank – Proceedings cannot be quashed merely on the ground that accused has settled the amount with bank. (2016(1) Apex Court Judgments 184 (S.C.)*
*FIR – FIR lodged with due promptness and narrating the occurrence with clarity – Mere non-examination of scribe of FIR does not render prosecution case untrustworthy. (2016(2) Apex Court Judgments 218 (S.C.)*
*Insecticide – Sample – Re-analysis of second sample – Accused who avails such right must bear the expenses of the test. (2016(2) Apex Court Judgments 687 (S.C.)*
*Medical evidence – Death – Rigour mortis – Appears after two to three hours – It is well developed from head to foot in about 12 hours – The age, muscular condition and activity before death, manner of death and atmospheric conditions are relevant factors. (2007(1) APEX COURT J 349 (S.C.)*
*Pleadings – Amendment – Court should adopt liberal approach. (2007(1) APEX COURT J 022 (S.C.)*
*Recall of summoning order – Magistrate has no power to review its own order. (2014(1) Criminal Court Cases 217 (S.C.)*
*Secondary evidence – Merely because the signatures in some of the documents are not legible and visible that cannot be a ground to reject the secondary evidence. (2016(1) Apex Court Judgments 016 (S.C.)*
*Summoning of additional accused – Only one witness cannot be relied to allow application. (2016(1) Criminal Court Cases 236 (Raj.)*
Kapil Chandna Advocate 