Gaur's LAW FIRM

Dishonour of cheque - Complainant is not required to spell out in the complaint the nature of transaction or source of fund, as onus is on the accused to prove that cheque was not issued towards discharge of any debt or other liability. (2023(1) Civil Court Cases 489 (Karnataka)

Dishonour of cheque - Complaint by Company filed through Director, who initially has no authorization to represent company - Company can at any stage rectify such defect. (2023(1) Civil Court Cases 291 (Telangana)

Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - It would be unfair to shut out the defence of accused at the threshold by not allowing the examination of cheque in question by a handwriting expert - Application allowed. (2023(1) Civil Court Cases 531 (P&H).

Criminal trial - Material contradictions - All the witnesses gave contradictory versions as to who gave the fatal blow to deceased - Same amounts to material contradictions. (2023(1) Apex Court Judgments 034 (S.C.)

Consumer complaint - Award of compensation on finding of negligence as well as deficiency in service - National Commission categorically held that there was deficiency in rendering service - National Commission ought not to have reduced the compensation. (2023(1) Apex Court Judgments 121 (S.C.) Gaur's LAW FIRM

Civil Procedure Code, 1908, O.6.R.17, Specific Relief Act, 1963, S.22 - Amendment of plaint to seek alternative relief of earnest money in a suit for specific performance - Court is vested with wide judicial discretion to permit plaintiff to amend plaint even at a later stage of the proceeding to seek alternative relief of refund of earnest money. (2023(1) Civil Court Cases 520 (S.C.)

_*• NI ACT Section 138 Security Cheque Dishonour A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance. ‘Security’ in its true sense is the state of being safe and the security given for a loan is something given as a pledge of payment. It is given, deposited or pledged to make certain the fulfilment of an obligation to which the parties to the transaction are bound. If in a transaction, a loan is advanced and the borrower agrees to repay the amount in a specified timeframe and issues a cheque as security to secure such repayment; if the loan amount is not repaid in any other form before the due date or if there is no other understanding or agreement between the parties to defer the payment of amount, the cheque which is issued as security would mature for presentation and the drawee of the cheque would be entitled to present the same. On such presentation, if the same is dishonoured, the consequences contemplated under Section 138 and the other provisions of N.I. Act would flow*_

_*SRIPATI vs STATE OF JHARKHAND CRL-A 1269/21 28/10/21 [ A.S. BOPANNA JJ ]*_

_*[ SUPREME COURT ]*

Gaur's LAW FIRM

RULES OF CROSS-EXAMINATION

1 The cross-examination is intuitive like music and painting.
It is a mental dual between the counsel and the witness.
The counsel has to adopt number of tactics to elicit truth from witness. Perfection can be achieved by training, practice and experience.

2 Never take your eyes from that of the witness, keep up channel of communication fom 1 mind to mind during the course of examination.

3 Be mild with mild, shrewd with the crafty , confiding with the honest, merciful to the young, frail and fearful: rough to the ruffian and a thunder bolt to the liar.

4 An equivocal question shall be avoided.

5 Be careful to a witty or refractory witness with you, not to lose temper, anger is always either the precursor or evidence of assured defeat in every intellectual treat.

6 Do not bend your mind upon partial and temporary success otherwise defeat is bount to happen in the end.

7 Never under-value your adversary.

8 Be respectful to the court, kind to your colleagues, civil to your antagonist but without any compromise on the principle of your duty.

9 Never commence cross-examination without the best preparation relating to your brief, concerning the witness and the point on which he would be called upon to dipose.

10 Always attack the witness under cross-examination in the opening at the weakest point.

11 Do not begin with your bad witness, begin with the best.

12 Never attack a witness character unless you have a record of it.

13 Do not make too much of immaterial discrepancies.

14 Do not examine a witness in a language which is above the level of the witness.

15 Do not cross-examine much when the offence is only technical.

16 When the offence is proved to the hilt try to reduce the gravity of the offence, rendering mitigating circumstances in favour of the accused.

17 If the witness is enthusiastic or exaggerating allow him to exaggerate the matter until the exaggeration becomes apparently absurd.

18 Do not cross-examine a moderate witness severely.

19 Do not press an unwilling and letting witness too much.

20 Do not ask more information from a witness other than necessary in cross-examination....

𝑊𝑒 𝑏𝑒𝑙𝑖𝑒𝑣𝑒 𝑖𝑛 𝑑𝑒𝑙𝑖𝑣𝑒𝑟𝑖𝑛𝑔 𝒉𝑖𝑔𝒉 𝑞𝑢𝑎𝑙𝑖𝑡𝑦 𝑠𝑒𝑟𝑣𝑖𝑐𝑒𝑠 𝑡𝑜 𝑜𝑢𝑟 𝑐𝑙𝑖𝑒𝑛𝑡𝑠 𝑡𝒉𝑟𝑜𝑢𝑔𝒉 𝒉𝑜𝑛𝑒𝑠𝑡 𝑎𝑛𝑑 𝒉𝑖𝑔𝒉𝑙𝑦 𝑝𝑟𝑜𝑓𝑒𝑠𝑠𝑖𝑜𝑛𝑎𝑙 𝑐𝑜𝑛𝑑𝑢𝑐𝑡.
𝑾𝒆 𝑩𝒆𝒍𝒊𝒆𝒗𝒆 𝑰𝒏 𝑬𝒅𝒖𝒄𝒂𝒕𝒊𝒐𝒏, 𝑰𝒏𝒇𝒐𝒓𝒎𝒊𝒏𝒈 𝑨𝒏𝒅 𝑪𝒐𝒖𝒏𝒔𝒆𝒍𝒊𝒏𝒈 𝑻𝒉𝒆 𝑮𝒆𝒏𝒆𝒓𝒂𝒍 𝑷𝒖𝒃𝒍𝒊𝒄 𝑨𝒏𝒅 𝑳𝒂𝒘𝒚𝒆𝒓𝒔. 𝑻𝒐 𝑺𝒑𝒓𝒆𝒂𝒅 𝑨𝒘𝒂𝒓𝒆𝒏𝒆𝒔𝒔 𝑶𝒇 𝑳𝒆𝒈𝒂𝒍 𝑰𝒔𝒔𝒖𝒆𝒔.
𝑃𝑙𝑒𝑎𝑠𝑒, 𝑑𝑜 𝑛𝑜𝑡 𝒉𝑒𝑠𝑖𝑡𝑎𝑡𝑒 𝑡𝑜 𝑐𝑜𝑛𝑡𝑎𝑐𝑡 𝑚𝑒 𝑖𝑓 𝑦𝑜𝑢 𝑛𝑒𝑒𝑑 𝑓𝑢𝑟𝑡𝒉𝑒𝑟 𝑖𝑛𝑓𝑜𝑟𝑚𝑎𝑡𝑖𝑜𝑛 𝐹𝑜𝑟 𝐿𝑒𝑔𝑎𝑙 𝑆𝑒𝑟𝑣𝑖𝑐𝑒𝑠.

𝑾𝒂𝒕𝒕𝒂𝒔𝒑 𝑪𝒐𝒏𝒕𝒂𝒄𝒕 𝑵𝒖𝒎𝒃𝒆𝒓.
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Evidence must be taken in the presence of the accused except when provisions of Sec-299 of the CrPC are applicable.
(HC,Karnataka:G.H.Abdul Kadri Vs Mohammed Iqbal,dt.24.05.22)
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The closure of proceedings permissible on account of settlement arrived at between the parties in offence of r**e punishable under Section 376 of the IPC.
(HC,Karnataka:Sathish K Vs State,dt.23.05.22)

If the cheque had been issued by the firm which was subsequently dishonoured, a partner of the firm would not be liable for prosecution under Sec-138 of the NI Act,without the firm being arraigned as an accused.(HC,Uttaranchal:Ramesh Nagarkoti Vs Kedar Datt Purohit,dt.03-03-21)

A woman whose marriage is declared as void can claim maintenance under the Protection of Women from Domestic Violence Act, 2005.(HC,Calcutta:Priti Dey
Vs. Subhasish Dey,dt.06.04.16)

Difference between Marz-ul-Maut and Donatio mortis causa Basic concept of Marz-ul-Maut To constitute Marz-ul-Maut,there must be- 1)A proximate danger of death; 2) Some degree of subjective ...

Should the complainant give evidence of his financial capacity in the cheque dishonour case if the accused has not disputed it in his reply notice? At the time, when the complainant gives his evidence, unless a case is set up in the reply notice to the statutory notice sent, that the com...

When the court should allow or can refuse to allow questions at the time of cross-examination? On plain reading of the said provisions, the contention of Shri Sudin Usgaonkar, learned Senior Advocate appearing for the Respondents, th...

Can the court declare the sale deed void on the grounds of want of consideration if the sale deed records that consideration was paid? Now, coming back to the case in hand, both the sale deeds record that the consideration has been paid. That is the specific case of the res...

Whether appellate court can refuse to admit appeal in cheque dishonour case if convict fails to deposit interim compensation directed by it? Section 374 Cr.P.C. as reproduced above does not prescribe any condition for admission of an appeal. In other words, the provisions of th...

Whether non-payment of rent by the tenant to the landlord amounts to a forfeiture of tenancy? Thus, the suit of the Plaintiffs filed within 12 years of the determination of the tenancy by efflux of time is within the period of limi...

"The courts of law are meant for imparting justice between the parties. One, who comes to the court, must come with clean hands".

Honesty, Fairness, Purity Of Mind Highest Order To Approach Court: Allahabad HC Imposes 1 Lakh Cost On Litigant Making False Assertion Of Compromise The Allahabad HighCourt has recently observed that the Courts of law are meant for imparting justice between the parties and anyone who approaches the Court must come with clean hands and no material...

When counter claim can be filed subsequent to filing of written statement? The time or the period prescribed in the provision relates to accrual of cause of action for the counterclaim. It has nothing to do wit...

Leading caselaw of SC relating to injunction,declaration and possession The general principles as to when a mere suit for permanent injunction will lie, and when it is necessary to file a suit for declaration ...

Whether declaration can be obtained that person who is missing for seven years is dead? It is a rule of presumption. By reason of the language applied in Section 108 of the Evidence Act, the burden to prove that such person ...

What is difference between abandonment of contract and breach of the contract? It is fundamental to the Law of Contract that whenever a material alteration takes place in the terms of the original contract, on account ...

Golden rules for appreciation of evidence for proof of ex*****on of will It is well-settled that even probate cannot be granted by mere proof of due ex*****on of the Will by the testator and attestation thereo...

When partition decree is passed on the basis of compromise,it is final decree? It is to be borne in mind that the term `compromise' essentially means settlement of differences by mutual consent. In such process, the a...

Basic concept of Restitution U/S 144 of CPC The word restitution in this section means restoring to a party on the variation or reversal of a decree, what has been lost to him ...

Whether a person is entitled to get electric connection during pendency of title suit if he is in possession of suit property? It is not in dispute that petitioners are in possession of the subject property. Mere pendency of the Civil Suit would not be a ground to di...

1. When notice is sent by registered post and is returned with postal endrosment "refused" Or "not available in house" Or "house locked" Or "shop closed" Or "addressee not in station", due service has to be pressumed.
Vishwabandhu Vs. Sri Krishna &And., Civil Appeal Nos. 6094-6095 of 2021 (SC)

2. Summoning person without there being any crime registered against him and detaining him would itself be violative of basic principles.
M. A khaliq &Ors Vs. Ashok Kumar & Anr, Criminal Appeal No 1003 of 2021(SC)

3. Identification of accused by witness in court who first time saw accused, is weak piece of evidence especially when large time gap between date of incident and date of recording of evidence.
Jayan V/s State of Kerala, Criminal Appeal No. 1246 of 2021 (SC)

What are basic principles for deciding suit for specific performance of contract based upon oral agreement? In the instant case, it is a suit for specific performance of contract based upon the oral agreement to sale dated 22.02.2003 of the ...

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Whether nomination made by an employee can be treated as his will and curtail the right of legal heirs to claim a share in his service benefits? The purpose of taking a nomination by an employer is to relieve itself of the obligation to pay the benefits, irrespective of the right o...