Different Categories of Possession of Immoveable Property
Possession, in regard to immoveable property, can be classified into ten categories and they are listed with a brief description of each category.
Limitation in Specific Performance starts from Date fixed for the Performance
The limitation period for a specific performance suit will run from the date fixed for the performance of the contract but not from the expiry of the validity of the agreement., says the Supreme Court (SC) in Usha Devi & Others v Ram Kumar Singh & Others [2024 INSC 599].
Dishonour of Cheques due to Stop Payment will Fall under 138 NI Act
Not only the cases of dishonour of cheques on account of insufficiency of funds or on account of exceeding of arrangement but the cases involving dishonour of cheques on account of "stop payment", "account closed" and "Signature Mismatch" also fall within the ambit of offence under the Section 138 of the Negotiable Instruments Act (NI Act), states the Jammu and Kashmir and Ladakh High Court Mohammad Shafi Wani v Noor Mohammad Khan.
Media Should Publish Nothing that Harms Individual Dignity
If there arises a conflict between the right of a media to freedom of speech and expression under Article 19(1)(a) of the Constitution, and the right of an individual to his/ her dignity/ reputation that is traceable to Article 21 of the Constitution, the former has to be seen as controlled by the latter, says Kerala High Court in Dejo Kappan V Deccan Herald & Connected Cases [2024:KER:82715].
Distinction between Cheating & Breach of Trust
Cheating is different from breach of trust:
There is a distinction between cheating and criminal breach of trust, says the Supreme Court in Delhi Race Club (1940) Ltd. & Others v State of Uttar Pradesh & Another [2024 INSC 626].
Selection Rules not to be Changed Midway in Recruitment : SC
Eligibility criteria for the selection process notified at the commencement of the recruitment process cannot be changed midway during the recruitment process unless the extant rules so permit, says the Constitutional Bench of the Supreme Court in Tej Prakash Pathak & Others v Rajasthan High Court & Others [2024 INSC 847].
Capturing a Woman’s Picture in Public is not Voyeurism
Kerala High Court, in Ajith Pillai v State of Kerala [2024:KER:78155], says taking a woman's photos while she was standing in front of her house without any secrecy will not attract the offence of voyeurism and the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under Section 354C of Indian Penal Code (IPC).
Husband cannot Pledge Wife’s Gold without her Consent
Husband was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent by the High Court of Kerala in Surendra Kumar v State of Kerala [2024: KER:76979 ].
In Cheque Dishonour, Both Civil & Criminal Cases Possible
A complaint for offence punishable under Section 138 of the Negotiable Instruments Act (NI Act) would be maintainable, even if a civil suit is filed for recovery of the amount, though both spring from the same cause of action, says Karnataka High Court in Lalji Kesha Vaid v Dayanand R.
SC Guidelines on Granting Amendment of Pleadings
The Supreme Court (SC) in paragraph 70 of the judgement in Life Insurance Corporation of India v Sanjeev Builders Private Limited provides the broad guidelines regarding the amendment of pleadings.
Partition Comes to fore after Resolving Dispute on Will
The succession process cannot go forward without a determination of the dispute regarding the Will, says the Supreme Court (SC) in Dinesh Goyal @ Pappu v Suman Agarwal (Bindal) & Others [ 2024 INSC 726].
Accused must explain if Crime happens in the Privacy of Home
When the offence of murder was committed in the presence of the accused in the privacy of their house, then he has the duty to give an explanation and a failure to offer an explanation can be treated as an adverse circumstance against the accused, as per Section 106 of the Indian Evidence Act, 1872 (IEA), says the Supreme Court (SC) in Uma & Another v The State Represented by the DySP [2024 INSC 809 ].