October 2017

Partition—If part of the land sought to be partitioned is abadi, i.e. cultivable/ chahi, then the remedy to seek partition would vest with the Civil Court but not with the Revenue Court.

By | October 18th, 2017|Categories: Jurisdiction - Civil Court|

Counter Claim—A counter claim by defendant with respect to an independent property with which the plaintiff has no concern is not maintainable. Written Statement—Admission—It cannot be presumed that the content of the written statement to be a deemed admission.

By | October 17th, 2017|Categories: Counter Claim|

Amendmentof Plaint- Impleadment of Necessary Party—Subsequent transferees-Most of the transfers were made during the pendency of the suit–These facts could not be in the knowledge of the plaintiff

By | October 17th, 2017|Categories: Amendment of Plaint|

Local Commissioner—Appointment of—Such power is to be exercised only if the Court deems it proper that local investigation is required for the purpose of elucidating any matter in dispute.

By | October 16th, 2017|Categories: Local Commissioner|

Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance-­ Agreement to sell was executed in the year 2000, the entire sale consideration was paid, possession was delivered, therefore, it would not be now appropriate to deny plaintiff-respondent the relief of specific performance of agreement to sell

By | October 16th, 2017|Categories: Specific Performance|

Haryana Municipal Corporation Act, 1994, S.216& S.2(44)–Public Street-Vesting of– Once it is admitted position on the record that the plaintiffs had carved out plots to setup a colony and in between the plots, passages were left out, the plaintiffs were left with no right, title or interest in the aforesaid passages

By | October 16th, 2017|Categories: Haryana Municipal Corporation Act|

Specific Relief Act, 1963, S.34-Suit for Declaration-Joint Possession–Once the plaintiff from the very beginning had claimed that the parties to the suit are co- sharer and therefore, deemed to be in joint possession,

By | October 16th, 2017|Categories: Specific Relief Act|

Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1.

By | October 14th, 2017|Categories: Evidence - Criminal Cases|

Pension–High Court dismissed the petition as respondent produced fabricated documents–Allowed another petition extending benefit of governing rules–Not justified. Writ Jurisdiction–Miscellaneous Application–Where a proceedings stands terminated by final disposal of writ petition–It is not open to the court to re-open the proceedings by means of a miscellaneous application in respect of a matter which provided a fresh cause of action.

By | October 14th, 2017|Categories: Uncategorized|

Resjudicata—Plea of resjudicata can only be given once the parties have led their evidence. Civil Procedure Code, 1908, S.11-Resjudicata-Plea of resjudicata can only be given once the parties have led their evidence-Application under Section 11 would not be maintainable at the preliminary stage when the parties have not lead their evidence.

By | October 13th, 2017|Categories: Res judicata|

Additional Evidence—Since the applicant had failed to challenge the order closing the evidence, therefore, they could not be permitted to lead additional evidence.

By | October 13th, 2017|Categories: Additional Evidence, Evidence - Civil|

Criminal Procedure Code, 1973, S.427-rConcurrent running of sentences—If the offences essentially constitute a single transaction, but have been split up by the prosecution into three separate cases, the sentences imposed individually, run concurrently.

By | October 13th, 2017|Categories: Reduction in Sentence|

Bail–Anticipatory Bail–Grant of–It is granted at a stage when the investigation is incomplete and, therefore, it is not informed about the nature of evidence against the alleged offender–It is, therefore, necessary that such anticipatory bail orders should be of a limited duration only. Bail–Anticipatory Bail–Use of the expression ‘reason to believe’ shows that the applicant may be arrested must be founded on reasonable grounds–Mere “fear” is not ‘belief’. Bail–Anticipatory Bail–Grant of–Normally a direction should not issue to the effect that the applicant shall be released on bail “whenever arrested for whichever offence whatsoever”–Such ‘blanket order’ should not be passed. Bail–Anticipatory Bail–Grant of– Reference to particular portions of case diary–The papers which are to be supplied to the accused have been statutorily prescribed–The Courts should take serious note when the accused or the informant refers to the case diary to buttress a stand.

By | October 11th, 2017|Categories: Anticipatory Bail|

Wakf— Notified list—If any property had been omitted to be included in the list of auqaf by inadvertence or otherwise, then it was/is for the Wakf Board to take action within a period of one year from the date of publication of the Gazette notification. Rejection of Plaint—If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that basis of litigation will end at the earlier stage.

By | October 10th, 2017|Categories: Plaint|

Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.

By | October 10th, 2017|Categories: Execution|

Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, S.3 & S.S.A-Parole- -Hardcore Prisoner–Murder–Petitioner permitted to perform his marriage ceremony in custody under the armed police escorts for period of 48 hours-Indian Penal Code, 1860, S.302.

By | October 8th, 2017|Categories: Parole|

Divorce—By Mutual Consent—It is not mandatory for the parties to appear in person in court at the time of filing of petition and also at the time of second motion—The attorney can be authorised to appear.

By | October 7th, 2017|Categories: Divorce by Mutual Consent|