July 2017

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.22–Shared household–The daughter-in-law cannot be said to have a right in the house of father-in-law/mother-in-law, who lodged a complaint against the parents of husband and caused harassment to old aged in laws.

By | July 24th, 2017|Categories: Senior Citizen|

Punjab Land Revenue Act, 1887, S.123–Partition Proceedings-‘Nakha Bey’ was set aside by financial commissioner without recording the satisfaction on record that finding given by commissioner is erroneous-

By | July 24th, 2017|Categories: Revenue Cases|

Railways Act, 1989, S.124 (A)–Accident–Untoward Incident-Loss of ticket- Deceased was a Government employee he is supposed to carry some documents e. his official identity card or some money-Nothing was found on the personal search of deceased which is very unusual-Therefore the possibility of loss of ticket cannot be denied along with the other documents/wallet-Deceased cannot be held to be a ticket less traveler

By | July 24th, 2017|Categories: Railways Act|

Pre Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, S.18–De-sealing of machines–Once new registration has been granted machines sealed due to expiry of registration are to be de-sealed even though no specific order was passed for de-sealing.

By | July 24th, 2017|Categories: Constitution of India|

Indian Penal Code, 1860, S.307–Attempt to Murder—Acquittal-Accused who was armed with a dattar, delivered only one injury on the backside of the thoracic region- He had a chance to repeat his attack, but he had not used dattar to repeat blows on him

By | July 24th, 2017|Categories: Attempt to Murder|

Specific Relief Act, 1963, S.37–Injunction–Possession of Land-Plaintiff claimed title on basis of irrevocable GPA–Defendant No.1 claimed through defendant no. 2 and 3 but they did not support his case-Injunction held to be rightly granted in favour of plaintiff.

By | July 23rd, 2017|Categories: Injunction|

Electricity Law-Transmission Losses-Admittedly, the transmission lines have been installed by the appellant-plaintiff and to maintain the same as also the independent feeder from the substation in the premises is the responsibility and duty of the appellant-plaintiff

By | July 23rd, 2017|Categories: Electricity Act|

Necessary Party- Impleadment of–Power under Order 1 Rule 10 CPC is not necessarily circumscribed by how the plaintiff chooses to frame the suit-It shall be at all times possible for a court to make even a suo motu impleadment of persons

By | July 22nd, 2017|Categories: Impleading Party to Suit|

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.2(g) & S.4– Eviction—Petitioner has petitioner has no relation whatsoever with respondent except that of landlord and tenant

By | July 22nd, 2017|Categories: Senior Citizen|

Limitation Act, 1963, Article 136—Execution of decree—Starting pointing of Limitation– If an appeal had been preferred in a higher court against the 1st decree, the 2nd decree, even if disposed of otherwise than on merits will be considered as the starting point of limitation

By | July 22nd, 2017|Categories: Limitation Act|

Civil Procedure Code, 1908, O.39 R.2-A & O.21 R.32-lnjunction–Violation of interim order during pendency of suit-Once a suit is dismissed or decreed, interim order, if any, merges into the final order and the interim order stands nullified automatically

By | July 22nd, 2017|Categories: Injunction|

Civil Procedure Code, 1908,0.6 R.2–Pleadings–Secondary Evidence—There is no provision that a loss of document must be a matter which must be set forth in the plaint— If such an aspect of the loss of original is not in the pleadings, it is not a serious lapse

By | July 22nd, 2017|Categories: Plaint|

Motor Vehicles Act, 1988, S.166–Accident–Disability @ 25%–Shortening of leg by half inch-It can be outrightly said that the disability will have direct effect on the future earning capacity of the appellant

By | July 22nd, 2017|Categories: Disability|

Negotiable Instruments Act, 1881, S.118–Pronote—Revenue stamps of 20 paise each was required for pronote and receipt, but were affixed at one place meant for pronote—Therefore, the pronote and receipt on one piece of paper with stamps at one place will not make the document as inadmissible

By | July 21st, 2017|Categories: Evidence - Civil|