Chhattisgarh High Court AFR Judgments

December 2019

Date of Judgement : 17.12.2019

• First information report by police cannot be lodged/registered against a medical practitioner for commission of offence under the provisions of Section 23 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, only complaint can be filed under Section 28 of the said Act before the jurisdictional criminal Court.

Date of Judgement : 16.12.2019

• Section 12A of the Income Tax Act nowhere empowers the Commissioner of Income Tax to assess the objects vis-a-vis the donation received by the Charitable Trust in the first year of its establishment. At the stage of Section 12A the Commissioner is not to examine the application of income.

Date of Judgement : 12.12.2019

• Advertisement cannot over-ride the service rules and cannot create a right in favour of the candidate for appointment.

Date of Judgement : 11.12.2019

• Collective meditative trance cause delay of payment of retiral dues for 45 years, so 1 lakhs compensation for injury to person and feeling awarded.

November 2019

Date of Judgement : 26.11.2019

• An Advocate cannot be prosecuted for criminal offences for non-exhibiting greater professional care and competence while submitting non-encumbrance certificate to a Bank.

Date of Judgement : 21.11.2019

• In cases of suppression of material information in the verification form the ultimate action should be based on objective criteria on due consideration of all relevant aspects. It should not be mechanical. In trival cases employer may, in its discretion, ignore such suppression of fact by condoning the lapse.

Date of Judgement : 15.11.2019

• Placement of missing traverse station (Chanda) is to be done as per the procedure & order enlisted in the Chhattisgarh Bhu Abhilekh Niyamawali.

Date of Judgement : 15.11.2019

• Out of 100 questions, as much as 41 questions/answers have wrongly been framed. Re-examination ordered. Carelessness will always have a price.

Date of Judgement : 14.11.2019

• The third Judge to whom Criminal Appeal is referred upon difference of opinion amongst two Judges of the Division Bench is entitled to hear and decide the matter afresh. The third Judge is not bound to follow one or the other judgment rendered by the Judges of the Division Bench.

Date of Judgement : 14.11.2019

• Clause (b) of sub-section (2) Section 15 of the Hindu Succession Act, 1956 would not effect a Hindu Widow's right to execute a WILL, she being an absolute owner of the property by virtue of Section 14 of the said Act.

Date of Judgement : 07.11.2019

• A workcharged employee regularised subsequently is not entitled for leave encashment for the period rendered in the worcharged establishment.

Date of Judgement : 06.11.2019

• Renewal of passport can be done during the pendency of criminal case, if the passport holder obtains permission from the criminal court for travel abroad in line with notification dated 25-8-1993 issued by the Central Government.

October 2019

Date of Judgement : 24.10.2019

• Prescribing the minimum benchmark to ascertain the minimum necessary merit and thereafter, making promotion on the basis of seniority-cum-merit amongst the qualified candidates does not offend the principle of seniority-cum-merit.

Date of Judgement : 17.10.2019

• Misconduct for attending duties having consumed liqour has to be proved by medical examination of the delinquent and not by oral evidence.

Date of Judgement : 04.10.2019

• Private property of a Ruler of Princely State merged with Govt. of India shall remain with him under the covenant/agreement executed at the time of accession.
• The private properties would pass on to the next Ruler under the Agreement and under the principle of Lineal Male Primogeniture. It will not be treated as the Joint Family Property or HUF property of the Ruler.
• Provisions of the Hindu Succession Act, 1956 shall not apply to the such private property by virtue of Section 5(ii) of the Act, 1956.
• The Gaddi and the property of the Ruler would pass on to the next Ruler and thereafter to the legal heirs of the last Ruler. His brother having separated by providing Muafi Rights in 27 villages for maintenance.

Date of Judgement : 14.10.2019

• Second wife of deceased employee of Chhattisgarh State Power Generation Company Limited (CSPGCL) is not entitled for family pension.

Date of Judgement : 01.10.2019

• The object to engage lawyer under section 36 (4) of industrial Disputes Act, 1947 to allow a level playing field to the parties.




September 2019

Date of Judgement : 30.09.2019

• Determination & extent of ward are to be based on population of principle of equal distribution.

Date of Judgement : 26.09.2019

• After suspension of Kotwar, further course of enquiry will be governed by C.G. Civil Services (Classification, Control and Appeal)Rules,1966

Date of Judgement : 25.09.2019

• Appeal by State against judgment of acquittal rendered by Magistrate for an offence, which is cognizable and no bailable, woul lie before the Session Court under Section 378(1)(a) of CrPC and not before the High Court.

Date of Judgement : 23.09.2019

• In election petition, When there is no admission of factual facts-issues are required to be framed.

Date of Judgement : 19.09.2019

• Executive order cannot curtail statutory tenure appointment.

Date of Judgement : 18.09.2019

• The patient admitted to hospital is for cure not for streched trauma.

Date of Judgement : 17.09.2019

• A 'witness', who is not a 'victim' as defined under Section 2(wa)of Cr.P.C., is not entitled to maintain an appeal or revision against acquittal.

Date of Judgement : 13.09.2019

• Information supplied after statuary period of delay penalty of Rs.25000/- is imposed.

Date of Judgement : 12.09.2019

• 1.Finality of litigation cannot be on the basis of fraud as fraud virates all acts.
  2.Court may add party under Order 1 Rule 10 CPC at any stages as procedural sins should never be death of rights of parties.

Date of Judgement : 11.09.2019

• Affidavit filed under Order 18 Rule 4 of the Code of Civil Procedure, 1908 is not evidence within the meaning of Section 3 of the Indian Evidence Act, 1872 unless the deponent is subjected to cross-examination.
• When property purchased under the SARFAESI Act, the purchaser cannot be denied new electricity connection for dues of erswhile owner unless made known by bank.

Date of Judgement : 05.09.2019

• The words "like manner to conduct the enquiry by the Chancellor" allows non-legislative admininstrative power delegation.

Date of Judgement : 03.09.2019

• Property granted by Government to a person would be the separate property of that person unless it is intended for the benefit of joint family.
• Acquittal appeal filed after enormous delay from the date of knowledge of judgement is not entertainable on the ground of unexplained delay and laches.

August 2019

Date of Judgement : 20.08.2019

• Actual hearing U/s 3C(2) of National Highway Act 1956 is mandatory and is not meant for patch of work solution.
• Wife making scandalous, vulgar and defamatory statement against father-in-law and alleging demand of dowry which she could not prove in the criminal case. Husband's prayer for divorce on the ground of mental cruelty deserves to be allowed.

Date of Judgement : 19.08.2019

• When Rule do not permit, percentile of part of marks can't be rounded off.

Date of Judgement : 16.08.2019

• Once the accused explains the facts within his exclusive knowledge,burden in terms of Section 106 of the Evidence Act shifts on the prosecution to prove from other evidence that it was the accuesd who committed the offence.

Date of Judgement : 09.08.2019

• Death due to administration of poison not proved by producing FSL report. No proof either that poison was found in possession of accused and the same poison was administrated to deceased. Accused deserves to be acquitted.

Date of Judgement : 08.08.2019

• Near relative of former Kotwar is not entitled for preference under sub-rule (2) of Rule 4 of the Rules for appointment framed under Section 230 of the C.G. Land Revenue Code, 1959, when the Gram Panchayat has made recommendation in favour of another candidate.

Date of Judgement : 05.08.2019

• Information seeker under Section 6(1) of the Right to Information Act,2005, is not entitled for the copy of oath taken and subscribed by Hon'ble Judge of High Court.
• In the appointment of Chief Information Commissioner and Information Commissioners of the State Information Commission, henceforth, the State Government has to follow the directions issued by the Supreme Court in the matter of Anjali Bhardwaj and others v. Union of India and others (2019 SCC OnLine SC 205) regarding issuance of advertisement and placing all the information into the official website.

Date of Judgement : 02.08.2019

• State actions are also governed by doctrine of promissory estoppel.

July 2019

Date of Judgement : 31.07.2019

• Criminal Procedure Code,1973-S.319- Cognizance taken and some person other than the one named in the chargesheet directed to be impleaded and issued summons as accused person-Prior notice to said person - Not necessary.

Date of Judgement : 30.07.2019

• One injury caused by axe in heat of passion to accused's real brother; motive not clear; offence would fall under Section 304 Part -I of IPC.

Date of Judgement : 29.07.2019

• Sample finger prints of accused not taken before or under the order of a Magistrate of finger print expert against the accuesd cannot be read in evidence.

Date of Judgement : 25.07.2019

• Writ petition under Article 226 of the Constitution of India is maintainable even in contractual matter, if the State/State authorities within the meaning of Article 12 of the Constitution of India behaves arbitrarily.

Date of Judgement : 23.07.2019

• Punishment in Criminal Cases should be both punitive and reformative. The act of balancing is needed while sentencing a convict.

Date of Judgement : 22.07.2019

• Victim dying after lodging of FIR, the same would be admissible as dying declaration under Section 32 of the Evidence Act.

Date of Judgement : 19.07.2019

• To iniitate suo moto proceeding to subordinate by higher authority after long lapse would be ilegal. u/s 51 of Land Revenue code.
• In custodial death and illegal detention the State must repair the damage done by its officers.

Date of Judgement : 17.07.2019

• Lok Adalat can waive/reduce the amount of cost as mandated in Damodar S. Prabhu Vs. Sayed Babalal H. on making out a good case.

Date of Judgement : 15.07.2019

• Power to investigate criminal offence lies exclusively with the Executive.
• Hand and fist blows, without premeditation. Death due to fracture of rib and rupture of heart. Offence converted from Section 302 IPC to Section 325 IPC.
• Land loser family is entitled for consideration for employment once as per policy of the Union of India.

Date of Judgement : 12.07.2019

• As required u/S 304-B IPC and u/S 113-B of the Evidence Act the burden is on the prosecution to prove the date of marriage to demonstrate that death has taken place within seven years of marriage. In absence of such proof accused entitled for acquittal.

Date of Judgement : 09.07.2019

• Undeveloped child in womb affirmed by medical report - mother may seek termination of pregnancy.

Date of Judgement : 08.07.2019

• Assault by hands, fists and kicks causing fracture of rib and consequent rupture of lung. There being no intention or knowledge that death would occasion due to such assault, offence converted from 302 IPC to Section 325 IPC.
• A relative is a good witness like any other witness, if his/her statement is found trustworthy and believable having found due corroboration.

Date of Judgement : 04.07.2019

• Ordinarily a writ application does not lie against a charge-sheet or show-cause notice for the reason that it does not give rise to any cause of action.It does not amount to an adverse order which affects the right of any party unless the same has been issued by a person having no jurisdiction/competence to do so. A writ lies when some right of a party is infringed.
• If the enquiry has been fairly and properly held and the findings are based on evidence, the question of adequacy of the evidence or the reliable nature of the evidence will not be grounds for interfering with the findings in departmental enquirties. Therefore, courts will not intefere with findings of the fact recorded in departmental enquiries, except where such findings are based on no evidence or where they are clearly perserverse.

Date of Judgement : 03.07.2019

• Vehicle made suitable to use to physically challenged without changing basic features would not amount alteration of vehicle.

Date of Judgement : 01.07.2019

• Section 35 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 will prevail over Section 165(6-a) of the Chhattisgarh Land Revenue Code, 1959.

June 2019

Date of Judgement : 27.06.2019

• Prosecution for falsying statement to evade tax during Search under Section 133A of the Income Tax Act, 1961 can be filed at the place where false statement has been made by the assessee.

Date of Judgement : 26.06.2019

• Prosecution for commission of offence under Sections 276-C and 277 of the Income Tax Act, 1961 would not survive after the penalty imposed on the assessee is deleted by the Appellate Authority. Prosecution quashed.

Date of Judgement : 25.06.2019

• Sterilization without consent would be forced sterilization and may amount to medical negligence.
• Child of the deceased Railway Servant of his second marriage is entitled for privilege of compassionate appointment.
• Material information forming reason to belief available in the reassessment notice/reason, quashment of reassessment proceeding under Art. 226 of the Constitution of India not permissible more so when assessment order has already been passed.

Date of Judgement : 24.06.2019

• A selectee cannot claim extension of joining period dehors the applicable service rules.

Date of Judgement : 21.06.2019

• A rape victims prayer for termination of pregnancy can be allowed because such pregnancy causes grave injury to the mental health of the pregnant woman as she cannot be compelled to give birth to a child of rapist.
• Merely because mutation occurred after 2.10.1959, transaction before the said date would not be covered for proceeding under Section 170-B of the CG Land Revenue Code, 1959.
• Forest Officer cannot file charge-sheet for offences punishable under Section 3 of the Prevention of Damage to Public Property Act, 1984.

Date of Judgement : 20.06.2019

• Computation of court-fees will depend on relief of claim not on value of property.
• Sub-Registrar appointed under Section 6 of the Registration Act, 1908 is not empowered to make roving enquiry qua title of the vendor under Section 34(3) of the Act of 1908.

Date of Judgement : 19.06.2019

• Ingredients of offences under Sections 182 and 211 of the IPC pointed out.

Date of Judgement : 17.06.2019

• "Acquittal" based on benefit of doubt is not contemplated in the Code of Criminal Procedure. It is Judicially evolved concept.
• Criminal Courts are expected to ensure the presence of accused while extending period of judicial remand either by physical presence or by medium of electronic video linkage.

May 2019

Date of Judgement : 20.05.2019

• Committal Magistrate during committal enquiry under Section 209 of the CrPC has no jurisdiction to entertain application under Section 91 of the CrPC.

Date of Judgement : 17.05.2019

• "Rule of Merit" cannot be compromised and obstructed by unreasonable time schedule for admission.
• A person already acquitted upon compounding of an offence cannot be further tried for the said offence being barred by Section 300(1) of the CrPC as well as Article 20(2) of the Constitution of India.
• Cheque issued against payment for Deposited Agreement Amount represents discharge of existing enforceable liability.
• Before allowing inter country adoption, it is necessary to find out availability of Prospective Adoptive Parents within country. in the matter of adoption, court should be sensitive to the need of protecting children against the abuse and trafficking.
• A person being more than 15 years of age is not capable of being taken in adoption under Section 10 (iv) of the Hindu Adoption and Maintenance Act 1955. Under the pre-1955 Hindu Law, an adoptive father is prohibited to adopt his sister's son.
• "Mere Refusal to Marry is not abetment to commit suicide under Section 306 IPC".

Date of Judgement : 14.05.2019

• Laying of underground cable by the mobile service provider is exigible to property tax being a levy for use of land for laying of cable and not on cable itself.
• The jurisdictional criminal court has to follow the direction issued by the Supreme Court in the matters of Jacob Mathew v. State of Punjab and another { (2005) 6 SCC 1} and Martin F. D'Souza v. Mohd. Ishfaq { (2009) 3 SCC 1}, while directing registration of FIR and investigation under Section 156(3) of the Code of Criminal Procedure, 1973 against medical professionals.

Date of Judgement : 13.05.2019

• The accused can be heard on the question of sentence under Section 235(2) of the Code of Criminal Procedure, 1973, either by Sessions Judge convicting him for the offences or by the succeeding Sessions Judge.
• No complaint would lie against the Notary for function discharged by him under the Act unless complaint is filed by an officer authorised by Central/State Government
• Investigation by Central Bureau of Investigation or by constituting Special Investigating Team cannot be claimed by a person as a matter of right and it may be directed in making out exceptional and extraordinary case having national or countrywide ramification.
• Arms license cannot be revoked under Section 17(3)(b) of the Arms Act, 1959 on the ground of pendency of criminal case.

Date of Judgement : 10.05.2019

• Use of word 'shall' in statute has to be interpretated with intention of legislature.
• Chhattisgarh land Revenue Code, 1959-Section 170-B-Transaction made on 17.12.1986 much after the enforcement of this provision, which came into force w.e.f 24.10.1980 by way of Chhattisgarh Land Revenue Code (Amendment) Act, 1980-Applicability-Section 170B of the code, as amended, covers transaction made between the date of commencement of code i.e., 02.10.1959 till insertion of this provision-Therefore it would not be applicable in relation to the transaction made on 17.12.1986, i.e., beyond these periods and the Revenue Authority cannot examine its validity even on suo-motu jurisdiction provided under Section 170-A of the Code.
• Chhattisgarh Land Revenue Code 1959-Section 170-A-suo-Motu power exercised by the Sub-Divisional Officer in respect of the transaction made on 17.12.1986, much after the enforcement of this provision, which came into force w.e.f. 29.11.1976 on commencement of Chhattisgarh Land Revenue Code (Third Amendment) Act, 1976-Permissibility-suo-motu power cannot be exercised in respect of the transaction made after 29.11.1976- Therefore, the entire proceeding initiated by the Sub-Divisional Officer under section 170-B of the code and declared the transaction made on 17.12.1986 as null and void in exercise of its suo-motu power is ex-facie illegal and misconceived.
• An advocate who has acted professionally as per instructions of his clients' cannot be prosecuted for offence of defamation under Section 500 of the IPC.

Date of Judgement : 09.05.2019

• The information in the nature of questionnaire which required to make roving enquiry by the officer cannot be allowed under the Right to information Act, 2005

Date of Judgement : 08.05.2019

• Absence to keep and produce hospital & medical treatment data record as per Supreme Court guidline, negligence can be inferred.

Date of Judgement : 07.05.2019

• Rule of selection cannot be changed after person appeared in examination.

Date of Judgement : 06.05.2019

• The Special Judge (POCSO) has power and jurisdiction to grant compensation to the rape victim under Section 33(8) of the POCSO Act, 2012 and compensation enhanced from Rs. 1 lac to Rs. 3 lacs.

Date of Judgement : 02.05.2019

• Doctrine of Pleasure can not over ride a specific statute governing the field.
• Prison Review Board constituted under Rule 358 of the Chhattisgarh Prison Rules, 1968 shall meet at-least twice in a year to review cases of all such convicts whose cases are to be considered for exercise of power of remission under Section 432 of CrPC. The cases rejected more than two years back shall also be considered in such meeting. The Presiding Judge of the Convicting Court, while according opinion under Section 432 (2) of CrPC, shall not exercise power in a mechanical manner.

Date of Judgement : 01.05.2019

• Execution for restoration & management of water body are emergent.
• Non-production of accused in custody for non-availability of police force, jail authorities cannot be prosecuted for offence under Section 342 of the Indian Panel Code.

April 2019

Date of Judgement : 30.04.2019

• Illegitimate minor child is entitled for maintenance from his father.

Date of Judgement : 29.04.2019

• When show-cause notice issued is predetermined, writ petition would be maintainable.
• The statutory appellate authority constituted under the statute is jurisdictionally incompetent to declare a statutory rule to be invalid and non est or unconstitutional.
• Suit simplicitor for refund of advance amount under the agreement to sale, is maintainable.

Date of Judgement : 18.04.2019

• Leagl heir of deceased landlord, who is entitled to receive rent from tenant, would be covered within the definition of term 'landlord' u/S 2(5) of the CG Rent Control Act, 2011.Tenant cannot be evicted forcibly, without taking recourse to the provisions contained under the Act, 2011.

Date of Judgement : 15.04.2019

• A Government servant is not eligible to make Will of family pension, as it has to be disbursed as per the pension rules.

Date of Judgement : 08.04.2019

• The candidates appearing for Civil Judge 2019 examination are not entitled for the benefit of circular dated 30-1-2019.
• Rule 7(1)(b) of the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006 prescribing cut-off date is neither arbitrary nor discriminatory.

Date of Judgement : 05.04.2019

• Bail Application of a juvenile is maintainable only under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and not under Section 437 or 439 of the CrPC.

March 2019

Date of Judgement : 28.03.2019

• When ACR (Annual Confidential Report) or PAR(Performance Appraisal Report) is the basis for continuation of contract employment, non-continuation by considering un-communicated ACR/PAR is illegal.

Date of Judgement : 26.03.2019

• Assessee not guilty of acting mala fidely or suppressing or misleading the Assessment Officer if credit availed is on the basis of case decided by larger Bench of the CESTAT even though it was subsequently set aside by the High Court.

Date of Judgement : 13.03.2019

• The computation of period of detention of the accused person in custody under section 167(2) of Cr.P.C., will start from the date of remand.
• Period of detention of the accused person in custody for the offence punishable u/s 467 of IPC shall be governed by sub-clause (ii) of Section 167(2)(a) of Cr.P.C., and would be of sixty (60)days.

Date of Judgement : 12.03.2019

• Step-mother is entitled for maintenance from her step-son.

Date of Judgement : 11.03.2019

• Non-cognizable offence cannot be investigated without permission from Magistrate under Section 155(2) of Cr.P.C.

Date of Judgement : 01.03.2019

• Provisions of Order 22 Rule 4 of the Code of Civil Procedure is mandatory.

February 2019

Date of Judgement : 28.02.2019

• The Magistrate has no power, expressly or impliedly under the CrPC to call upon the Police to submit a chargesheet.
• No order can be made, in a Criminal Revision, to the prejudice of the accused or other person without affording an opportunity of being heard to him.

Date of Judgement : 22.02.2019

• The award of Lok Adalat has always to be honored promptly looking to the object of the Legal Services Authorities Act, 1987.

Date of Judgement : 15.02.2019

• Civil Procedure Code, 1908- Order 41 Rules 23, 23-A and 25 Appellate Court's power to remand and remit the case to trial Court for fresh trial - Setting aside the issue and remanded the matter without following the procedure under Rule 25 of Order 41 CPC - Not permissible.

Date of Judgement : 06.02.2019

• In absence of any law of inheritance prevailing in Gond-caste governing inheritance, courts are required to decide right according to justice, equity and good conscience in terms of Section 6 of the Central Provinces Laws Act, 1875.

Date of Judgement : 01.02.2019

• To make a Director liable for offence u/S 138 of N.I. Act, specific averments in what manner he is responsible has to be averred.

January 2019

Date of Judgement : 31.01.2019

• Under the Chhattisgarh Rajya Suraksha adhiniyam 1990 there has to be live and proximate link between proposed ground of detention and purpose of detention and the same cannot be made to subjective satisfaction of the officer for the time immemorial.

Date of Judgement : 30.01.2019

• Apart from domicile by birth, domicile by choice can be inferred with the intention.
• Adoption of Christianity by Tribe will not take away status of tribe.
• In cases of necessity of authority to pass orders, bias cannot be inferred.
• Corrupt practice in election petition has to be proved beyond doubt akin to criminal case.
• Court should not decide an issue unless it lives.
• Civil Procedure Code, Order 9 Rule 13, Order 5 rule 20 - Limitation Act, Article 123, Explanation - Application for setting aside ex parte decree - Limitation - Appellant served with summons through substituted service - such service shall not be deemed to be due service in view of Explanation to Article 123 - Application filed within 30 days from date of knowledge of decree - Not barred by limitation.

Date of Judgement : 28.01.2019

• Once the FIR registered and sent to Magistrate it becomes public document and the accused to entitled to get certified copy of such public documents on payment of requisite legal fee at any stage.

Date of Judgement : 24.01.2019

• In accordance with object of the Legal Services Authorities Act, 1987 the Permanent Lok Adalat has to conduct conciliation between the parties before deciding the dispute on merits under Section 22C (8) of the Act of 1987.

Date of Judgement : 22.01.2019

• Application under Section 24 of the Code of Civil Procedure, 1908 has to be granted for transfer of civil suit only on the basis of valid in civil ground.
• Person may be tried for distinct offences under the factories Act, 1948 and of I.P.C. of same incident.

Date of Judgement : 18.01.2019

• Specific Relief Act, 1963 section 20 suit filed after three years and seven months from the date of entering into the agreement for sale plaintiff must approach Court within a reasonable time having failed so, he is not entitled for a discretionary relief.
• Specific Relief Act 1963 S. 20 A person having approached the court with false plea is not entitled to the equitable relief of a specific performance of contract.
• Section 16 (C) of Specific Relief Act, 1963 mandates Readiness and willingness on the part of the plaintiff and is a condition precedent for obtaining relief of grant of specific performance of contract.

Date of Judgement : 17.01.2019

• Only living daughters of living coparcerns would be entitled to claim share in the ancestral property u/S 6 of Hindu Succession Act, 1956 as amended under the Hindu Succession(Amendment) Act, 2005.

Date of Judgement : 16.01.2019

• Criminal Procedure Code (2 of 1974), Section 321 - Withdrawal from prosecution - Discretion is that of Public Prosecutor - He has to be, on consideration of all relevant material and in good faith, satisfied that withdrawal is in public interest - Court while granting consent has to ensure that Public Prosecutor has applied his mind independently and that Public Prosecutor acting in good faith is of opinion that withdrawal is in public interest.

Date of Judgement : 07.01.2019

• Contempt jurisdiction is jurisdiction of necessity and inheres in every court of record.

Date of Judgement : 03.01.2019

• A transaction cannot be treated as mortgage unless conditions are embodied in same document.
• It is not equitable to allow decree for specific performance in favour of a Doctor who got executed an agreement for purchase of land from his patient who was in need of money for his treatment from the same doctor.

Date of Judgement : 02.01.2019

• The application under Section 263 of the Indian Succession Act,1925 for revocation of probate is governed by Article 137 of the Indian Limitation Act, 1963.
• To offer a Puja in the Mandir to the deity by priest would not automatically envelop the offering made to the deity to be the property of the priests.