April 2018
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Permalink GalleryDriver of vehicle in which passenger was traveling had not exercised caution of giving strict instructions to passengers to keep their arms inside so that no untoward incident takes place-Only driver of vehicle held to be liable to its owner- -Held; it was a case of composite negligence and claim could not have been dismissed-Appeal allowed.
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Permalink GalleryEviction—Subletting—Since the tenant had admitted the presence of alleged sub-tenant in the suit property the burden was on him to prove its nature and the capacity in which he used to sit in the suit shop Eviction—Multiple Grounds—If one ground of eviction is held made out of several pleaded against the tenant, that one ground is sufficient to evict the tenant from the suit premises
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Permalink GalleryPunjab Land Revenue Act, 1887, S.44–Revenue Records-The entries in jamabandi are not proof of in respect of an irremovable property-Entries made by patwari in official record are only for the purpose of records and do not by itself prove the correctness of the same nor can statutory presumption be: drawn on the same, particularly, in the absence of corroborative evidence.
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Permalink GalleryDishonour of Cheque—Offence by company—Director cannot get the complaint against him quashed merely on the ground that apart from the basic averment no particulars are given in the complaint about his role, because ordinarily the basic averment would be sufficient to send him to trial.
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Punjab Tenancy and Agricultural Lands Act, 1955, S.7–Eviction—Non payment of rent—Extension of time—Once the statute prescribes a period for compliance of a particular act, the time cannot be extended unless there is a specific provision in the statute conferring such power on an authority.
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Permalink GalleryIndian Penal Code, 1860, S.302–Murder–Bail–There is no allegation against either of the petitioners of having inflicted injuries upon the person of deceased–On five different dates complainant had been summoned but he has chosen not to appear–Out of 23 prosecution witnesses, only 05 have been examined till date—Bail granted
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Permalink GalleryPunjab Village Common Lands (Regulation) Act, 1961, S.11–Claim for ownership- Petitioner claimed to be in cultivating possession of land since 1930–However, as per revenue records even prior to 1950 land has been record as ‘ Banjar Kadim’ (Uncultivable) and therefore he cannot be in cultivating possession
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Allegation that present petitioner was driving the different car and was guiding the other vehicle so that the contraband could be delivered safely at the destination—Held; since no recovery has been effected from present petitioner, he is entitled to bail-Bail granted-Criminal Procedure Code, 1973, S.439.
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Indian Penal Code, 1860, S.406 & S.420–Bail–Criminal breach of Trust-Cheating-Money given for getting work visa abroad-Amount was entrusted to main accused and not to present petitioner who had worked with main accused for a short period of time-Bail granted-Criminal Procedure Code, 1973, S.439–immigration Act, 1983, S.24.
