INDIAN LEGAL UPDATES IMPORTANT DECISIONS (14.02.2018)

DAILY LEGAL UPDATES IMPORTANT DECISIONS IN INDIA
(14.02.2018)

Co-owner - Possession of co-owner over land will be deemed to be possession of all co-owners even if some of co-owners are not in actual possession of land in dispute. (2018(1) Civil Court Cases 269 (M.P.)

Domestic Violence - Return of Stridhan - Wife can file petition for return of Stridhan after passing of decree of judicial separation as legal relationship of husband and wife continues even thereafter - Deprivation of stridhan is a continuing offence - Held, since it is a continuing offence and demands were made as such application is not barred by limitation. (2016(1) Apex Court Judgments 115 (S.C.)

Illegal gratification - No official favour was pending with the appellant as he was not concerned with levying of property tax - Fixing of lesser property tax was not in the hands of the appellant - Appellant by raising probable defence proved his version by the standard of preponderance of probability and dislodged the presumption u/s 20 of the Act - Conviction and sentence set aside. (2014(1) Criminal Court Cases 511 (A.P.)

Judgment on admission - If defence raised by defendant is extremely vague, opaque and ambiguous, then it is duty of Court to turn down the said defence and based on admitted documents, pass a judgment on admissions. (2018(1) Civil Court Cases 236 (Delhi)

Medical negligence - Consumer Forums/Courts are at liberty to reject evidence of medical expert on scrutinizing and evaluating relevant evidences and other circumstances in order to adjudicate the appropriate standard of care required in cases of medical negligence arising from administration of anesthesia. (2018(1) Civil Court Cases 247 (S.C.) 

Service - Selection by an Expert Committee/Board - Courts should be slow to interfere. (2013(1) Apex Court Judgments 135 (S.C.)

Unlawful assembly - Two persons facing charge - Minimum five persons are required for forming unlawful assembly - Proceedings qua petitioners quashed. (2018(1) Criminal Court Cases 085 (Rajasthan)