Rejection of Plaint Civil Procedure Code, 1908 (CPC) – Order 7 Rule 11 – Rejection of plaint – Respective suits are barred by the law of limitation, the respective plaints are required to be rejected in exercise of powers under Order 7 Rule 11 CPC. October 3, 2022 phlaw
Regular Second Appeal Code of Civil Procedure, 1908 (V of 1908), Section 100 – Regular Second Appeal — Substantial question of law — Proper test -If the question is settled by the highest court or the general principles to be applied in determining the question are well settled and there is a mere question of applying those principles or the question raised is palpably absurd, the question would not be a substantial question of law. September 25, 2022September 25, 2022 phlaw
Specific Performance Unregistered agreement to sell on ten rupees stamp paper – Admissibility of — Suit for permanent injunction — Counter-claim seeking possession — Unregistered document/agreement to sell shall not be admissible in evidence – Plaintiff cleverly prayed for a relief of permanent injunction only and did not seek for the substantive relief of specific performance- Dismissed September 25, 2022 phlaw
Accident Cases Deceased was working as Manager in the said Regent Strips Pvt. Ltd. – Highly qualified doing M. Phil. – Compensation to be paid on account of the death of the deceased ought to be worked out by considering his monthly income at Rs.15,000 September 24, 2022 phlaw
Acquittal Murder – Acquittal – Circumstantial evidence – circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence September 24, 2022 phlaw
Accident Cases HELD – Death in accident – If 25% of Rs. 3,000/- per month is considered towards future prospects and rise in income and thereafter loss of dependency is determined, it can be said to be just compensation September 24, 2022 phlaw
Service Cases Denial of pension is a continuing wrong – HELD settled law that when financial rules framed by the Government such as Pension Rules are capable of more interpretations than one, one favouring employee be taken. September 24, 2022 phlaw
Constitution of India Haryana Sikh Gurdwara (Management) Act, 2014 – Sikh Gurdwaras Act, 1925 – Punjab Reorganisation Act, 1966 – HELD Since the affairs of the Sikh minority in the State are to be managed by the Sikhs alone, therefore, it cannot be said to be violative of any of the fundamental rights conferred under Articles 25 and 26 of the Constitution. September 22, 2022 phlaw
Cheque Bounce Dishonour of cheque – Offence by company – High Court should not interfere under Section 482 of the Code at the instance of an accused unless it comes across some unimpeachable and incontrovertible evidence to indicate that the Director/partner of a firm could not have been concerned with the issuance of cheques. September 20, 2022 phlaw
Corruption Cases Disproportionate income in the period between 1974 and 1988, FIR filed after twelve years the charge sheet after 7 years, application for discharge dismissed after decade, SLP decided after 6 years HELD superannuated from service in 2010 – now 72 years – Continuation of the prosecution, unjust – Discharge application allowed. September 20, 2022 phlaw
