January 2018

Electronic Evidence—Examination of person who converted CCTV footage into pen drive—Only if the electronic record is duly produced in terms of Section 656 of the Evidence Act, the question would arise as to the genuineness thereof.

By | January 15th, 2018|Categories: Electronic Evidence|

Alternate remedy-Writ against order of DRT–Borrower offered to pay Rs. 6 lakhs by 30.03.2016–Bank directed to take formal possession and not to dispossess the borrower-Borrower directed to further pay Rs 2 lakhs by 12.4.16–lnterim relief granted to file appeal.

By | January 15th, 2018|Categories: Corporate cases|

Withdrawal of suit—Liberty to file fresh suit—An application must disclose the technical defects in the pleadings which cannot be cured by any other means including the amendment application.

By | January 15th, 2018|Categories: Evidence - Civil|

Arbitration—Objections— No appeal is provided against an order condoning the delay in filing the petition u/s 34 of the Act as such—Hence, the remedy of Letters Patent Appeal against that decision is not available.

By | January 14th, 2018|Categories: Arbitration|

Narcotic—Rate of Purity—Whether the actual content by weight of the narcotic drug, is relevant for the purpose of determining the quantity with reference to the quantum of punishment—Matter referred to larger bench.

By | January 14th, 2018|Categories: Narcotics|

Arbitration Act, 1940–Award–Non-speaking order–The Arbitrator is not required to give reasons for his award under the Arbitration Act, 1940 unless the contract itself provides that the arbitrator shall give reasons and the arbitral reference makes it imperative

By | January 13th, 2018|Categories: Arbitration|

No injury found on person of deceased—Some poisonous substance was found in stomach of deceased-Held; no material on record to connect the accused with murder of deceased—Accused acquitted/discharged u/s 302 but liable to be proceeded u/s 306 IPC-Ordered accordingly-Criminal Procedure Code, 1973, S.227.

By | January 13th, 2018|Categories: Charge|

Civil Procedure Code, 1908, S.152–Rectification of the errors-Provisions of Section 152 CPC deal with the rectification of the errors, which includes the description of the suit property.

By | January 10th, 2018|Categories: Uncategorized|

Recalling of Witness—Exercise of the power to recall is not circumscribed by the stage at which such a request is made but is guided by what is essential for the just decision of the case.

By | January 9th, 2018|Categories: Recalling of witness|

Sick Industrial Companies (Special Provisions) Act, 1985, S.22–Reference–A reference cannot be deemed to be rejected merely because an application for fixing the date for hearing of the reference was rejected

By | January 9th, 2018|Categories: Corporate cases|

Punjab Security of Land Tenures Act, 1953, S,9«Eviction–Non-payment of rent-­ Tenant admitted default in payment of rent from Kharif 1981 to Rabi 1985-Appeal against order allowing deposit of arrears of rent

By | January 8th, 2018|Categories: Revenue Cases|

Punjab Village Common Lands (Regulation) Act, 1961, S.7 & S.11-Eviction-Question of title-As per entry in Wazib-ul-Arz the land was reserved for the income of Gram Panchayat therefore, Gram Panchayat held entitle to maintain eviction suit-

By | January 7th, 2018|Categories: Revenue Cases|

Dowry demand—Customary gifts of gold and clothes to husband cannot be termed as dowry demand. Dowry Death—Demand made about two years prior to Incident— Would not satisfy the requirement of “soon before her death”.

By | January 7th, 2018|Categories: Dowry Death|

Law Officers—Appointment of—Directions issued to State of Punjab and Haryana to frame policy and till then a selection committee would short list the applications and recommend it to committee of Judges which would further be sent to Chief Justice for his views—State Government shall then appoint the candidate on basis of views expressed by Chief Justice on suitability—All fresh and re appointments to be done under this process.

By | January 7th, 2018|Categories: Service Cases|