Revisional Jurisdiction—High Court has ample power under S.401 (5) CrPC to treat criminal revision as an appeal..

  2017(1) Law Herald (P&H) 873 (DB) : 2017 LawHerald.Org 754 INTHE HIGH COURT OF PUNJAB AND HARYANA [DIVISION BENCH] Before The Hon’ble Mr. Justice S.S. Saron The Hon’ble Mr. Justice Darshan Singh CRR A/o.500 of 2014 (O&M) Jagtar Singh v. State of Haryana & Ors. Decided on 03/02/2017 For Applicant-Petitioner:              Mr. Varinder Singh Rana, Advocate. For Respondent-State:                Mr. Randhir Singh, Addl. A.G. Haryana. For Respondents No.2 to 5:       None. Revisional Jurisdiction—High Court has ample power under S.401 (5) CrPC to treat criminal revision as an appeal.. Indian Penal Code, Read More …

Parole—Last rites of mother-in-law of lady prisoner-Case can be considered under for any other sufficient cause’.

  2017(1) Law Herald (P&H) 870 (DB) : 2017 LawHerald.Org 667 IN THE HIGH COURT OF PUN JAB AND HARYANA [DIVISION BENCH] Before The Hon’ble Mr. Justice S.S. Saron The Hon’ble Mrs. Justice Sneh Prashar CRWPNo. 211 of2017(O&M) Sukho @ Manjeet Kaur v. State of Haryana & Ors. Decided on 23/02/2017 For the Petitioner.             Mr. Fariad Singh Virk, Advocate. For the Respondent:       Mr. R.K. Makkad, Deputy Advocate General, Haryana.   Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, S.13–Emergency Parole- Bhog ceremony-Last rites of mother-in-law of lady prisoner-The case of Read More …

Kidnapping for Ransom—Mere demand of ransom at the initial stage cannot attract the offence punishable under Section 364-A oflPC.

  2017(1) Law Herald (P&H) 864 (DB) : 2017 LawHerald.Org 753 IN THE HIGH COURT OF PUNJAB AND H ARYANA [DIVISION BENCH] Before The Hon’ble Mr. Justice S.S. Saron The Hon’ble Mr. Justice Darshan Singh CRA-D-196-DB of2011(0&M) Irshad @ Rahul v. State of Haryana Decided on 02/02/2017 For the Appellant-lrshad @ Rahul:         Mr.Anil Kumar Malik, Advocate. For the Appellant-Anita @ Bali:                 Mr. Gaurav Singh Hooda, Advocate. For the Respondent:                            Mr. S.S.Pannu, DAG. Haryana Kidnapping for Ransom—Mere demand of ransom at the initial stage cannot attract the offence punishable under Section Read More …

Civil Procedure Code, 1908, O.39 R.1 & R.2 and O.17 R.1– Injunction–Adjournments–Disposal of application under O.39 R.1 & 2 is not to be delayed by giving unnecessary opportunities to opposite party.

2017(1) Law Herald (P&H) 863 : 2017 LawHerald.Org 734 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Sneh Prashar CRNo.1436 of 2017(0&M) Paramjit Kaur v.  Pritam Singh & Ors. Decided on 01/03/2017 For the Petitioner:             Mr. Kulwant Singh Boparai, Advocate. Civil Procedure Code, 1908, O.39 R.1 & R.2 and O.17 R.1– Injunction–Adjournments–Disposal of application under O.39 R.1 & 2 is not to be delayed by giving unnecessary opportunities to opposite party. JUDGMENT Mrs. Sneh Prashar, J.: –  CM-4465-CII-2017 Allowed, as prayed for. CR-1436-2017 The instant Read More …

Indian Penal Code, 1860, S.325–Grievous Hurt–Bail–Petitioner though named by injured person but no specific injury has been attributed to the petitioner—Bail granted

2017(1) Law Herald (P&H) 862 : 2017 LawHerald.Org 740 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice Surinder Gupta CRM-M-5488of2017 Harpal Singh v. State of Punjab Decided on 03/03/2017 For the Petitioner(s):       Mr. Gagandeep Singh Simble, Advocate. For the Complainant:       Ms. Bhavna Gupta, D.A.G. Punjab, Ms. M.S. Saini, Advocate. Indian Penal Code, 1860, S.325–Grievous Hurt–Bail–Petitioner though named by injured person but no specific injury has been attributed to the petitioner—Bail granted-Criminal Procedure Code, 1973, S.439. JUDGMENT Mr. Surinder Gupta, J.: (Oral) -The present petition has Read More …

Electricity Act, 2003, S.135–Theft of Electricity-Meter was in name of wife-Once the husband wife are living together and husband was involved in the theft and signed the inspection report the liability was obviously to fall upon the consumer

2017(1) Law Herald (P&H) 860 : 2017 LawHerald.Org 742 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice G.S. Sandhawalia FAO No. 6398 of 2016 (O&M) Manjit Kaur v. Punjab State Power Corporation Limited & Anr. Decided on 01/03/2017 For the Appellant:             Mr. Gulzar Mohammad, Advocate. Electricity Act, 2003, S.135–Theft of Electricity-Meter was in name of wife-Once the husband wife are living together and husband was involved in the theft and signed the inspection report the liability was obviously to fall upon the consumer and therefore Read More …

Haryana Panchayati Raj Act, 1994-Recounting of Votes-Order of recounting not to be passed without appreciating any evidence-Short and cryptic order directing recounting of votes is liable to be set aside.

2017(1) Law Herald (P&H)«859 : 2017 LawHerald.Org 741 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice Rajan Gupta Civil Revision No.5918 of 2016 (O&M) Seema Devi v. Suman & Ors. Decided on 07/03/2017 For the Petitioner:                     Mr. S.S. Sahu, Advocate. For the Respondent No.1:         Mr. Amit Rana, Advocate, Dr. Sushil Gautam, DAG, Haryana. Haryana Panchayati Raj Act, 1994-Recounting of Votes-Order of recounting not to be passed without appreciating any evidence-Short and cryptic order directing recounting of votes is liable to be set aside. CASE CITED: Read More …

Quashing—Loan from bank on forged documents—Continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accused, would amount to abuse of process of Court and an exercise in futility.

2017(1) Law Herald (P&H) 855 (SC) : 2017 LawHerald.Org 666 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Amitava Roy Criminal Appeal No. 396 of 2017 (Arising out of SLP(CrL) No. 1010 of 2012) Central Bureau of Investigation v. Sadhu Ram Singla & Ors. Decided on 23/02/2017 For the Petitioner:             Mr. Arvind Kumar Sharma, Advocate. For the Respondent:       Mr. Rohit Vats, Ms. Monika Sharma, Mr. Daya Krishan Sharma, Advocates.   Criminal Procedure Code, 1973, S.320 & S.482–Quashing–Compounding of Non- Compoundable Read More …

Held; conviction u/s 302 is unsustainable and altered to S.304 Part l–Since appellants have served sentence of nearly eleven and half years sentence reduced to already undergone.

2017(1) Law Herald (P&H) 845 (SC) : 2017 LawHerald.Org 628 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. A. Bobde The Hon’ble Mr. Justice L. Nageswara Rao Criminal Appeal No. 483 of 2013 Jagmal & Ors. v. State of Rajasthan Decided on 20/02/2017 For the Appellant:             Mr. Sushil Kumar Jain, Sr. Adv. For Ms. Pratibha Jain, Advocate. For the Respondent:       Mr. Milind Kumar, Advocate. Indian Penal Code, 1860, S.302– Murder–Self Defence–Acquittal–As per evidence on record deceased was beaten outside the house; there was cross case by Read More …

Advocates—Professional Misconduct—Mere negligence or error of judgment on the part of an advocate would not amount to professional misconduct. Advocates—An advocate’s attitude towards and dealings with his client have to be scrupulously honest and fair.

2017(1) Law Herald (P&H) 840 (SC) : 2017 LawHerald.Org 610 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mrs. Justice R. Banumathi Civil Appeal No. 3860 of 2007 T.A. Kathiru Kunju v. Jacob Mathai & Anr.                                                                                                               Decided on 16/02/2017 For the Appellant:             Mr. Sanjay Parikh, Mr. N. Susan Thomas, Ms. Srishti Agnihotri, Ms. Anitha Shenoy, Ms. Surbhi Agarwal, Advocates. For the Respondent:       Mrs. K. Sarada Devi, Advocate. Advocates—Professional Misconduct—Mere negligence or error of judgment on the part of an advocate would Read More …

Specific Relief Act, 1963, S.34–Suit for Declaration-Suit for a mere declaration without relief of recovery of possession is not maintainable

2017(1) Law Herald (P&H) 833 (SC) : 2017 LawHerald.Org 604 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogol The Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 2342 of 2017 {Arising OutofSLP(C)No. 21587 of 2014} Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust Virudhunagar v. Chandran & Ors. Decided on 10/02/2017 For the Petitioner:            Mr. V. Balaji, Mr. Atul Sharma, Mr. M.S.M. Asaithambi, Mr. C.Kannan, Mr. Rakesh K. Sharma, Advocates. For the Respondent:       Mr. T. Harish Kumar, Mr. M. Yogesh Kanna, Ms. Nithya, Advocates. Specific Relief Read More …

Accident—Claim Petition—Claimant cannot resile from the initial statement to Police. Thereafter filed claim petition by putting allegation on offending vehicle-Held; it appears that he has been managed subsequently- Claim petition dismissed.

2017(1) Law Herald (P&H) 619 : 2017 LawHerald.Org 653 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Anita Chaudhry FAO No. 8848 of 2014 (O&M) Paramjit Kaur & Ors. v. Nahar Singh & Ors. Decided on 21/02/2017 For the appellants in FAO-8848-2014 & For respondents no.4 to 7 in FAO-9115-2014:             Mr. Ashok Jindal, Advocate. For the Respondents No.1 & 2:                                Ms. Narender Kaur, Advocate. For the Respondent No.3:                                     None. For the Appellant in FAO-9115-2014 & For respondent no.4 in FAO-8848-2014:                   Mr. Lalit Garg, Advocate. Accident—Claim Read More …

Service Law—Equal Opportunities—If a reserved category candidate has secured more marks than the last general category candidate, he is entitled to be selected against the unreserved seat without being adjusted against the reserved seat.

2017(1) Law Herald (P&H) 615 : 2017 LawHerald.Org 665 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Daya Chaudhary C.W.PNo. 7116 of 2015 Parveen Kumar v. State of Punjab & Ors. Decided on 10/01/2017 For the Petitioner in C.W.P. No. 7116 of 2015:     Mr. Pankaj Jain, Advocate. For the Petitioners in C.W.P. No. 4014 of 2014:   Ms. Satpreet Grewal Kapila, Advocate. For the Respondent:                                      Mr. L.S. Virk, Addl. A.G., Punjab.   Service Law—Equal Opportunities—If a reserved category candidate has secured more marks than the last Read More …

Rejection of Plaint—Inadequate Court Fee—No revision petition before High Court would be maintainable at the hands of the defendants, unless the question of court fee involves the jurisdiction of Court.

  2017(1) Law Herald (P&H) 609 : 2017 LawHerald.Org 663 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice Rameshwar Singh Malik Civil Revision No. 226 of 2017 (O&M) Bharpoor Singh v. Lachhman Singh Decided on 17/01/2017 For the Petitioners:         Mr, Hitesh Ghai, Advocate. Rejection of Plaint—Inadequate Court Fee—No revision petition before High Court would be maintainable at the hands of the defendants, unless the question of court fee involves the jurisdiction of Court. Civil Procedure Code, 1908, O.7 R.11-Rejection of Plaint–Ad valorem Court Fee- -Plaintiff Read More …

Condonation of Delay—Courts have no power to extend the period of limitation on equitable grounds.

2017(1) Law Herald (P&H) 606 : 2017 LawHerald.Org 664 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice G.S. Sandhawalia Civil Revision No, 224 of2017(0&M) Vijay Kumar & Ors, v.                Bhupinder Singh                              Decided on 27/01/2017  For the Petitioners:        Mr. R.P.S. Ahluwalia, Advocate. Condonation of Delay—Courts have no power to extend the period of limitation on equitable grounds. Limitation Act, 1963, S.5-Condonation of Delay–The law of limitation may harshly affect the parties but it has to be applied with all its rigour when the statute Read More …

Indian Penal Code, 1860, S.307–Attempt to Murder—Reduction in Sentence -Sentence of 4 years reduced to already undergone subject to payment of fine of Rs. 10,000,- each

  2017(1) Law Herald (P&H) 604 : 2017 LawHeraid.Org 661 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice T.P.S. Mann Criminal Appeal S-782-SB of 2004 Maharaj & Ors. v. State of Punjab Decided on 24/01/2017 For the Appellants:         Ms. G.K. Mann, Advocate. For the Respondent:       Mr. Vikram Bishnoi, Asstt. A.G., Punjab. Indian Penal Code, 1860, S.307–Attempt to Murder—Reduction in Sentence-­Complainant received six injuries including one head injury-Appellants facing protracted trial from last 17 years-Not involved in any other case-They have to look after their minor Read More …

Rejection of Plaint—Suit cannot be dismissed being barred by limitation without proper pleadings.

  2017(1) Law Herald (P&H) 601 : 2017 LawHerald.Org 662 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Daya Chaudhary CRNo. 276 of 2017 (O&M) Kulwant Kaur Sidhu v. Mohinder Partap Singh Dhillon Decided on 18/01/2017 For the Petitioner:             Ms. Meena Bansal, Advocate. Civil Procedure Code, 1908, O.7 R. 11–Rejection of Plaint-Limitation-Court Fee-­ Suit cannot be dismissed being barred by limitation without proper pleadings, framing of issue on limitation and by taking evidence as question of limitation is a mixed question of fact and law Read More …

Motor Vehicles Act, 1988, S.166–Accident–Non-Earning Member-Death of Child aged 7 years-Compensation of Rs. 3.6 lakhs is on lower side as assessed by tribunal-­Compensation enhanced to Rs. 5 lakhs.

  2017(1) Law Herald (P&H) 599 : 2017 LawHerald.Org 659 IN THE HIGH COURT OF PUN JAB AND HARYANA Before The Hon’ble Mr. Justice Jaspal Singh FAO No.872 of 2015 (O&M) Sarewanti @ Sarswati v. Jagan Nath & Ors. Decided on 11/01/2017 For the Appellant:                                        Mr. Mukesh Yadav, Advocate. Respondent Nos.1 & 2                                    ex-parte. For the Respondent No.3 – Insurance Company: Mr. Lalit Garg, Advocate. Motor Vehicles Act, 1988, S.166–Accident–Non-Earning Member-Death of Child aged 7 years-Compensation of Rs. 3.6 lakhs is on lower side as assessed by tribunal-­Compensation enhanced to Read More …

Murder—Death by Poisoning—Court must carefully scan the evidence and determine the four important circumstances which alone can justify a conviction.

  2017(1) Law Herald (P&H) 581 (DB) : 2017 LawHerald.Org 658 IN THE HIGH COURT OF PUNJAB AND HARYANA [DIVISION BENCH] Before The Hon’ble Mr. Justice S.S. Saron The Hon’ble Mr. Justice Gurmit Ram CRA No.D-327-DB of 2010 (O&M) Parmeshwari & Anr. v. State of Haryana Decided on 31/01/2017 For the Appellants:         Mr. Anmol Rattan Sidhu, Senior Advocate, with Mr. Pratham Sethi, Advocate. For the State:                 Mr. Raj Kumar Makkad, DAG, Haryana.   Indian Penal Code, 1860, S.302–Murder–Death by Poisoning- Acquittal- It has not been shown that the death of Read More …

Civil Procedure Code, 1908,0.14 R.1–Framing of Issues-Application filed for framing issues of limitation and bar to suit-Application dismissed by holding that issue of limitation has already been framed and no other issue is required-Trial Court directed to pass speaking order on issue of bar to suit.

2017(1) Law Herald (P&H) 580 : 2017 LawHerald.Org 652 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Daya Chaudhary CRNo. 78 of 2017 Smt. Suman Devi v.                 Smt. Rewati Devi & Anr. Decided on 12/01/2017 For the Petitioner:             Mr. S.K. Tripathi, Advocate. Civil Procedure Code, 1908,0.14 R.1–Framing of Issues-Application filed for framing issues of limitation and bar to suit-Application dismissed by holding that issue of limitation has already been framed and no other issue is required-Trial Court directed to pass speaking order on issue Read More …