August 2018

Hindu Marriage Act, 1955, S.24–Maintenance–Application under Section 24 of the Act, the interim maintenance is required to be allowed on the basis of pleadings on the touchstone of broad probabilities.

By | August 19th, 2018|Categories: Maintenance|

Attempt to Murder–Bail–Complainant has suffered several fractures in the occurrence and one of the injury has been declared dangerous to life- Considering the fact that the petitioner is in judicial lock up from last 5 months, prosecution evidence is yet to start and two co-accused have already been granted bail, benefit of bail extended to petitioner-Bail granted

By | August 19th, 2018|Categories: Bail|

Rape–Compromise–Quashing–After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak-FIR and all subsequent proceedings quashed-lndian Penal Code, 1860, S.376.                                                                        

By | August 19th, 2018|Categories: Quashing|

Indian Penal Code, 1860, S.376–Rape–Compromise-~Quashing–Held; keeping in view nature of offences and fact of compromise between the parties, the chances of conviction are bleak and continuance of criminal proceedings would be a futile exercise—FIR and all subsequent proceedings quashed—Criminal Procedure Code, 1973, S.482.                                                                           

By | August 19th, 2018|Categories: Quashing|

Kidnapping–Bail–Prosecutrix categorically stated she left her home voluntarily with petitioner and got married to him thereafter-­ Held; in view of the fact that statement of the prosecutrix has been recorded, no useful purpose would be served in keeping the petitioner behind bars—Bail granted—Protection of Children from Sexual Offences Act, 2012, S.4

By | August 19th, 2018|Categories: Bail|

Hindu Marriage Act, 1955, S,24«Maintenance–Reduction of-Rs. 50,000/- p.m. was awarded for maintenance of wife and son-Considering the fact that wife is living in the house of husband and she is having an independent income and also the fact that the maintenance is only for her support to son; the maintenance of Rs. 50,000/ – per month reduced to Rs. 20.000/- per month from the date of filing of application till the date of majority of the son.  

By | August 16th, 2018|Categories: Maintenance|

Indian Penal Code, 1860, S.468 & S.471– impersonation–Forgery-Bail–Allegation that by way of impersonation the accused has obtained a decree of divorce against the complainant by producing some other lady posing herself as his wife-Signatures of parties have been to FSL and report is awaited—Considering the fact that investigation is completed and charges are yet to be framed and conclusion of trial will take long time, Bail granted-Criminal Procedure Code, 1973, S.439.

By | August 16th, 2018|Categories: Bail|

Narcotic Drugs and Psychotropic Substances Act, 1985, S.21 &S.22-B–Bail—NDPS- -Recovery of 1200 tablets of Alprazolam of .05 mgb per tablet from co-accused who is real brother of petitioner, who is a chemist-Fact that no recovery has been effected from the petitioner at the time when he was arrested nor has any recovery been effected from the chemist shop, which is owned and being run by the petitioner-Without expressing any opinion on the merits of the case-Bail granted.           

By | August 16th, 2018|Categories: Bail - Narcotics|

Criminal Procedure Code, 1973, S.439–impersonation–Bail–Cheating–Allegedly petitioner has impersonated as complainant and got the sale deed executed– Since co-accused has been granted the regular bail, the petitioner cannot be treated discriminatory—Petitioner held entitled to bail-Indian Penal Code, 1860, S.468 & S.420. 

By | August 16th, 2018|Categories: Bail|

Indian Penal Code, 1860, S.302–Murder–Bail–Petitioner is in custody from last 18 months -Apart from the allegations of having caught hold of the deceased, there is no other overt act nor is it the case of the prosecution that he was armed with any weapon at the time of offence—Trial is not likely to conclude at an early date as only four witnesses have been examined out of the total 17 witnesses—Bail granted-Criminal Procedure Code, 1973, S.439.     

By | August 15th, 2018|Categories: Bail|

Indian Penal Code, 1860, S.302 & S.307–Murder—Attempt to Murder–Bail–No overt act has been attributed to the petitioner except that he had given a lalkara and was armed with a wooden handle-No injury has been attributed to him to any of the two persons-Petitioner was arrested on 04.01.2017 and is in custody since then from last one year-Bail granted.  

By | August 15th, 2018|Categories: Bail|

Transfer of Property Act, 1881, S.106–Eviction–Court Fee-Shop is located where the rent law is not applicable—Therefore the plaintiffs are supposed to value their suit according to the amount of rent of the immovable property which is a shop payable for the year next before the date of presenting the plaint as per provisions of S.7(xi)(cc) of Court Fees Act-Court Fees Act, 1870, S.7.    

By | August 15th, 2018|Categories: Court Fees|

V IMP ::: Motor Vehicles Act, 1988, S.166–Accident–Refund of excess amount paid-During appeal before High Court 80% of award by Tribunal was disbursed-High Court had reduced amount awarded by Tribunal and granted liberty to recover excess amount—However, in appeal Supreme Court enhanced the amount to some extend but was less than award of Tribunal-Supreme Court dismissed the appeal for refund of excess amount by exercising its jurisdiction under Art. 142

By | August 15th, 2018|Categories: Liability of Insurance Company|

Additional Evidence- Once an application for additional evidence after closure of evidence was allowed second application for further additional evidence, which could legitimately could not be filed earlier, can be filed.

By | August 15th, 2018|Categories: Additional Evidence|

Civil Procedure Code, 1908, O.18 R.3–Rebuttal Evidence—Handwriting Expert- Contention of the counsel for the petitioner that the respondent-plaintiff cannot examine handwriting and fingerprint expert in rebuttal evidence, cannot be accepted-Evidence Act, 1872, S.45 & S.73.   

By | August 15th, 2018|Categories: Rebuttal Evidence|

Hardcore Prisoner–S-5-A does not prohibit the hardcore prisoners to attend the certain function, as enumerated therein fora period of 48 hours—Petitioners permitted to attend bhog/kirya of his deceased father at Chandigarh and also for performing the last rites by pouring the ashes into Holy Ganges at Haridwar in custody of police escort.    

By | August 15th, 2018|Categories: Parole|

Held; since the petitioners have already joined investigation, and no recovery is required to be made, there is no point in refusing the grant of anticipatory bail to them, but then the victim must be reimbursed the hospital charges-Anticipatory bail granted accordingly

By | August 15th, 2018|Categories: Anticipatory Bail|

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Denial of Relationship- -The petitioner has accepted that the respondent is his landlord since he has been paying rent to her through account payee cheques-Merely because the landlord has not accepted the written agreement would not change the essential relationship between the two.      

By | August 15th, 2018|Categories: Punjab Rent Act|

Specific Relief Act, 1963, S.20–Agreement to Sell—Specific Performance-­ Contradiction regarding testimony of witnesses regarding denomination of sale consideration and place of where amount was paid—Courts below had decreed the suit on proving of agreement to sell—Keeping in view, overall circumstances decree upheld.   

By | August 15th, 2018|Categories: Specific Performance|

Accident—Disability @ 90%—Amputation of Leg—Percentage of disability cannot be reduced on ground that despite the amputation of left leg, the remaining body of the appellant  was healthy.

By | August 14th, 2018|Categories: Disability|

Service Law–Punishment–Bank Employee had submitted certificate that she had passed CAIIB Part II Examination-in departmental enquiry and inquiry by Court it was found that said certificate was forged document-Order of dismissal from service cannot be held to be disproportionate.       

By | August 14th, 2018|Categories: Service Cases|

Service Law–Termination–Notice of a mere 24 hours was given to the Respondent before the order of termination was passed–it was in clear violation of principles of natural justice as reasonable opportunity was not given to respondent to furnish her explanation-Termination order set aside.

By | August 14th, 2018|Categories: Service Cases|

Transfer of Case—Matrimonial Disputes— Where the parties have difficulty and there is no place which is convenient and where one or both the parties make a request for use of video conference, proceedings may be conducted through video conferencing, obviating the needs of the party to appear in person. Administration of Justice—Use of Technology—Every district court must have at least one e-mail ID and notified phone number—A designated officer/ manager to be appointed to respond to emails and phone queries—These steps would take care of the problems of litigants to some extent.

By | August 12th, 2018|Categories: Transfer of Civil cases|