Latest & Important Chhattisgarh High Court Judgments January 2019

Specific Relief Act, 1963 - S. 31 - When cancellation may be ordered - plaintiff admittedly have not asked for any cancellation of the sale deed made in favour of the appellants. In view of this, the suit for specific performance could not have been decreed in favour of the plaintiff as one conveyance. Sharda Rani Chhabada v. Rajjan Prasad, Goutam Bhaduri, J. F.A. No. 398 of 1996 22-01-2019

Penal Code, 1860 - Ss. 467, 468, 471, 380, 384 / 34 - Quashment of the Criminal Case - complaint is private in nature and was revolving in between the complainant and the petitioners. The complainant has stated that he do not want to continue the prosecution, therefore, continuation of the prosecution may be futile. Roshan Lal Burman v. State of Chhattisgarh, Goutam Bhaduri, J. Crl.M.P. No. 192 of 2018 18-01-2019

Motor Vehicles Act, 1988 - S. 166 - a child aged about 8 years died in motor vehicular accident and the claimants were young parents, considering its various earlier decisions awarded Rs.5 lacs towards total loss of dependency. Kusum Bai v. Moh Aslam, Gautam Chourdiya, J. M.A.C. No. 1563 of 2018 18-01-2019

500+ Supreme Court of India Judgments on Motor Vehicles Act, 1988 with Head Notes & Citations

1. Mallamma (dead) By Lrs. Vs. National Insurance Co. Ltd. [07-04-2014]

Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 - Section 138 - failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

Anticipatory Bail in Attempt to Murder Cases (Section 307 IPC) : What is Important to Note [Case Law]

Code of Criminal Procedure, 1973 - Section 438 - Grant of Anticipatory Bail - While considering the application under Section 438, the Court has to see the nature and gravity of the accusation and the antecedents of the applicant which includes whether he has been previously undergone imprisonment on conviction in respect of any cognizable offence, the possibility of the applicant fleeing from justice and whether the accusation has been made with an object of injuring or humiliating the applicant by having him so arrested. [Para 12]

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