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July 2017

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Ex-parte Decree—Setting aside of—The application for setting aside the ex-parte decree is not maintainable, where the appeal has already been disposed of/decided.

Exparte Decree

Ex-parte Decree—Setting aside of—The application for setting aside the ex-parte decree is not maintainable, where the appeal has already been disposed of/decided.

By phlaw| 2017-07-26T18:08:50+00:00 July 26th, 2017|Categories: Exparte Decree|

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Accident—Untoward Incident—Ticket not found—Deceased belong to respectable family and it is unlikely that he was traveling ticketless in the train—Claim allowed.

Railways Act

Accident—Untoward Incident—Ticket not found—Deceased belong to respectable family and it is unlikely that he was traveling ticketless in the train—Claim allowed.

By phlaw| 2017-07-26T18:05:07+00:00 July 26th, 2017|Categories: Railways Act|

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Accident—License—The owner would be liable for payment of compensation in a case where the driver was not having a license at all

Driving License

Accident—License—The owner would be liable for payment of compensation in a case where the driver was not having a license at all

By phlaw| 2017-07-26T17:58:16+00:00 July 26th, 2017|Categories: Driving License|

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Service Law—Leave encashment—State cannot deny to pay leave encashment under the grant-in-aid scheme.

Service Cases

Service Law—Leave encashment—State cannot deny to pay leave encashment under the grant-in-aid scheme.

By phlaw| 2017-07-26T17:45:59+00:00 July 26th, 2017|Categories: Service Cases|

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Allotment of Plot-Extension fee–Non construction within stipulated period

Housing

Allotment of Plot-Extension fee–Non construction within stipulated period

By phlaw| 2017-07-25T18:45:32+00:00 July 25th, 2017|Categories: Housing|

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Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000–Allotment of Site-Interest on reserved price-Subsequent purchaser

Corporate cases

Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000–Allotment of Site-Interest on reserved price-Subsequent purchaser

By phlaw| 2017-07-25T18:42:37+00:00 July 25th, 2017|Categories: Corporate cases|

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Lambardari—Appointment of—Educational Qualification—Choice of collector in appointment candidate who is 5th pass vis-a—vis other candidate who was 10th pass upheld

Lambardari

Lambardari—Appointment of—Educational Qualification—Choice of collector in appointment candidate who is 5th pass vis-a—vis other candidate who was 10th pass upheld

By phlaw| 2017-07-25T18:14:39+00:00 July 25th, 2017|Categories: Lambardari|

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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.

Senior Citizen

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 phlaw| 2017-07-24T18:21:23+00:00 July 24th, 2017|Categories: Senior Citizen|

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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-

Revenue Cases

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 phlaw| 2017-07-24T18:16:58+00:00 July 24th, 2017|Categories: Revenue Cases|

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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

Railways Act

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 phlaw| 2017-07-24T18:12:05+00:00 July 24th, 2017|Categories: Railways Act|

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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.

Constitution of India

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 phlaw| 2017-07-24T18:03:47+00:00 July 24th, 2017|Categories: Constitution of India|

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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

Attempt to Murder

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 phlaw| 2017-07-24T17:59:14+00:00 July 24th, 2017|Categories: Attempt to Murder|

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Local Commissioner—He is a witness like other witnesses and the petitioner shall get an opportunity to cross-examine him.

Local Commissioner

Local Commissioner—He is a witness like other witnesses and the petitioner shall get an opportunity to cross-examine him.

By phlaw| 2017-07-23T18:50:55+00:00 July 23rd, 2017|Categories: Local Commissioner|

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Amendment of Plaint—Application not to be dismissed without mentioning reasons as to how the opposite party is going to be prejudiced by the amendment

Amendment of Plaint

Amendment of Plaint—Application not to be dismissed without mentioning reasons as to how the opposite party is going to be prejudiced by the amendment

By phlaw| 2017-07-23T18:39:46+00:00 July 23rd, 2017|Categories: Amendment of Plaint|

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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.

Injunction

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 phlaw| 2017-07-23T18:29:29+00:00 July 23rd, 2017|Categories: Injunction|

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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

Electricity Act

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 phlaw| 2017-07-23T18:24:14+00:00 July 23rd, 2017|Categories: Electricity Act|

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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

Impleading Party to Suit

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 phlaw| 2017-07-22T17:48:00+00:00 July 22nd, 2017|Categories: Impleading Party to Suit|

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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

Senior Citizen

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 phlaw| 2017-07-22T17:43:08+00:00 July 22nd, 2017|Categories: Senior Citizen|

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Pepsu Tenancy and Agricultural Lands Act, 1955, S.47–Jurisdiction of Civil Courts-Claim for ownership

Jurisdiction - Civil Court, Revenue Cases

Pepsu Tenancy and Agricultural Lands Act, 1955, S.47–Jurisdiction of Civil Courts-Claim for ownership

By phlaw| 2017-07-22T17:36:05+00:00 July 22nd, 2017|Categories: Jurisdiction - Civil Court, Revenue Cases|

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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

Limitation Act

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 phlaw| 2017-07-22T17:32:47+00:00 July 22nd, 2017|Categories: Limitation Act|

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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

Injunction

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 phlaw| 2017-07-22T17:27:06+00:00 July 22nd, 2017|Categories: Injunction|

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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

Plaint

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 phlaw| 2017-07-22T17:17:56+00:00 July 22nd, 2017|Categories: Plaint|

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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

Disability

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 phlaw| 2017-07-22T17:14:09+00:00 July 22nd, 2017|Categories: Disability|

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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

Evidence - Civil

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 phlaw| 2017-07-21T17:24:19+00:00 July 21st, 2017|Categories: Evidence - Civil|

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