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Wednesday, October 25, 2017

DAILY LEGAL UPDATES (23.10.2017)

*DAILY LEGAL UPDATES (23.10.2017)*

Affidavit of examination-in-chief - Bald statement that everything written in plaint is correct - There is no requirement at all for the defendant to cross examine him on those issues. *(2017(1) Civil Court Cases 484 (Patna)*

Contraband - Search is conducted by gazetted officer himself - Compliance of S.42 of NDPS Act not necessary. *2016(3) Apex Court Judgments 164 (S.C.)*

Divorce - Cruelty - Pressurising husband to set up a separate home - Three rooms in the house accommodating eight adults - Demand of wife for living separate not unreasonable and does not constitute cruelty. *2016(4) Civil Court Cases 321 (Delhi)*

Electronic record - Cannot be taken into consideration without there being certificate in terms of S.65-B of Evidence Act. *2016(4) Criminal Court Cases 363 (Rajasthan)*

Illegal gratification - Offence u/ss 8 & 9 of the Act can be committed by any person for himself or on behalf of any person, even without the knowledge and consent of concerned public servant. *(2017(1) Criminal Court Cases 485 (Kerala)*

Late production of certificate u/s 65-B Evidence Act -  Plaintiff is entitled to file certificate u/s 65-B of Evidence Act, even subsequent to filing of electronic record in Court only if a case is made out for late filing of documents beyond the prescribed period. *(2017(1) Civil Court Cases 445 (Delhi)*

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