December 2018

Accident—Claim Petition—Findings of criminal court as to the guilt or acquittal of the driver are wholly irrelevant for the purpose of the trial on merits of the claim petition before MACT

By | December 13th, 2018|Categories: Claim Petition|

Indian Penal Code, 1860, S.307—Attempt to Murder—Bail-Petitioner is in custody for the past one and half years—Even the complainant not coming forward to testify-Bail granted-Criminal Procedure Code, 1973, 8.439.

By | December 13th, 2018|Categories: Bail|

Amendment of Written Statement—Document that was sought to be relied upon was not available with the petitioners, the amendment, even in terms of the proviso to Order 6 Rule 17 CPC, could not be allowed

By | December 13th, 2018|Categories: Amendment of written statement|

Civil Procedure Code, 1908, O.8 R.5-Striking off defence-It only permits the courts to decree the suit but does not make it mandatory-In the circumstances, no fault can be found with the action of the courts in requiring the predecessor of the appellants to lead some positive evidence.

By | December 13th, 2018|Categories: Jurisdiction - Civil Court|

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Bonafide Need-Merely because landlady has sufficient resources at her disposal for surviving, cannot be used as a doubtful circumstance to hold that she does not require the premises–The Courts or the tenant have no jurisdiction to substitute their own opinion in place of the landlord—The jurisdiction of the court is only to examine whether the premises is a bonafide requirement or not.

By | December 13th, 2018|Categories: Punjab Rent Act|

Specific Performance-­Readiness & Willingness—Purchaser sent notice after two years and eight months and suit was filed on last date of limitation—Apart from the  statement of purchaser there is no other evidence to show that he was repeatedly approaching the seller—Relief of specific performance held to be rightly declined.  

By | December 11th, 2018|Categories: Specific Performance|

Eviction—Nature of Building—Pleadings—There was no pleading that the shop is a part of a residential building—In the absence of such pleading the plea that eviction for non residential purpose cannot be sought cannot be taken in revision for the first time as this plea had not been raised before the Rent Controller Eviction—Nature of Building—In the absence of any zoning plan, scheme or notification proving the residential or non-residential character of a building, the purpose for which the demised premises was let out would determine its character as residential or non-residential

By | December 11th, 2018|Categories: Punjab Rent Act|

Eviction–Bonafide Need-Admittedly, landlord was 80 years old and had already let out two other shops on rent-Since two sons of landlord had died so in order to maintain families of his son the desire of the landlord to set up business in the demised shop after getting it vacated, is legitimate and justified—Eviction petition allowed.

By | December 9th, 2018|Categories: Punjab Rent Act|

Accident–Income–Absence of Proof-­ Claimant claimed that deceased was aged 35 years and was an agriculturist but no documentary proof adduced—Tribunal assessed income as Rs. 6,000/ – p.m.—Minimum income of unskilled laborer in Haryana in 2012 was Rs. 4847/- —Income assessed as Rs. 5000/- p.m

By | December 9th, 2018|Categories: Income|

Electricity Act, 2003, S. 135-Theft of Electricity-Testing of Meter-It was the right of the consumer to be present at the time of testing and to be confronted with the testing report before imposition of penalty—No notice sent for being present at time of testing—Notice imposing penalty quashed.

By | December 9th, 2018|Categories: Electricity Act|

Motor Vehicles Act, 1988, S. 166–Accident-Compassionate Allowance-Grant of Compassionate allowance by State Government to victim of an accident is not a ground to disallow compensation under Motor Vehicles Act.

By | December 9th, 2018|Categories: Income|

Service Law–Promotion–Ranking List—Engineering Subordinates who possess such qualification earlier in time have to be ranked senior and those who possess such qualification in the next year upto 1st January are to be ranked junior. The reason is that Engineering Subordinates, who acquire the eligibility of qualification of A.M.I.E./B.E. with 5 years service earlier, are more meritorious having acquiring the qualification earlier than their senior, who either could not qualify A.M.I.E./B.E. examination or did not dare to take such examination. Therefore, after having acquired the qualification and experience later, they cannot steal a march over their juniors who have already acquired such qualification and are to be placed in ranking earlier than their seniors for the purpose of accelerated promotion–Service of 5 years has to be counted from the date when candidate acquires the required qualification

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

November 2018

Indian Penal Code, 1860, S.376~Rape–Medical Evidence-Acquittal-As per evidence of doctor prosecutrix had sexual intercourse within 48 hours of her examination-Allegedly offence was committee about 43 days earlier from date of examination-Accused acquitted.

By | November 30th, 2018|Categories: Acquittal|

Bail–NDPS-Non- Commercial Quantity—Recovery of 35 grains of intoxicating powder-­ Petitioner is in custody from last 4 months and he is not required for any investigation or interrogation purpose-Trial of case will take long time—Bail granted

By | November 30th, 2018|Categories: Bail - Narcotics|

Motor Vehicles Act, 1988, S. 166 -Accident–License–Expired License-­ Accident occurred after expiry of license which was renewed after one year- -On date of accident driver did not have a valid license—Insurance company held to be not liable.      

By | November 30th, 2018|Categories: Driving License|