April 2018

Driver of vehicle in which passenger was traveling had not exercised caution of giving strict instructions to passengers to keep their arms inside so that no untoward incident takes place-Only driver of vehicle held to be liable to its owner- -Held; it was a case of composite negligence and claim could not have been dismissed-Appeal allowed.

By | April 25th, 2018|Categories: Negligence|

Eviction—Subsequent Events—It is not proved that plea of subsequent events had been raised before appellate court and High Court—Alleged subsequent event cannot be considered by Supreme Court.

By | April 23rd, 2018|Categories: Haryana Rent Act|

Eviction—Subletting—Since the tenant had admitted the presence of alleged sub-tenant in the suit property the burden was on him to prove its nature and the capacity in which he used to sit in the suit shop Eviction—Multiple Grounds—If one ground of eviction is held made out of several pleaded against the tenant, that one ground is sufficient to evict the tenant from the suit premises

By | April 23rd, 2018|Categories: Punjab Rent Act|

Sanction for Prosecution—Question whether action was done in discharge of official duty or not—Trial Court has to prima facie proceed on the basis of prosecution version can re-decide the question afresh in case from the evidence adduced on record contrary findings could be made.

By | April 22nd, 2018|Categories: Sanction for Prosecution|

Section 11, Section 25, Section 4, Section 9 Motor Vehicles Act, 1988 – Section 166 Land Acquisition—Compensation—More than claimed can be awarded by court to award just and fair compensation.

By | April 22nd, 2018|Categories: Land Acquisition|

Punjab Land Revenue Act, 1887, S.44–Revenue Records-The entries in jamabandi are not proof of        in respect of an irremovable property-Entries made by patwari in official record are only for the purpose of records and do not by itself prove the correctness of the same nor can statutory presumption be: drawn on the same, particularly, in the absence of corroborative evidence. 

By | April 21st, 2018|Categories: Revenue Cases|

Divorce—By Mutual Consent—After filing of joint petition wife did not turned up or conveyed has intentions—Keeping in view the conduct of wife and irretrievable break down of marriage petition u/s 13-B allowed in absence of wife.

By | April 20th, 2018|Categories: Divorce by Mutual Consent|

Dishonour of Cheque—Offence by company—Director cannot get the complaint against him quashed merely on the ground that apart from the basic averment no particulars are given in the complaint about his role, because ordinarily the basic averment would be sufficient to send him to trial.

By | April 19th, 2018|Categories: Cheque Bounce|

Evacuee Property—Occupant cannot claim allotment of land on the pleas that they were/are in its unauthorized occupation since the 1964 or prior thereto as original allottee failed to take possession of land allotted to them being  Displaced Person’.

By | April 19th, 2018|Categories: Revenue Cases|

Punjab Tenancy and Agricultural Lands Act, 1955, S.7–Eviction—Non payment of rent—Extension of time—Once the statute prescribes a period for compliance of a particular act, the time cannot be extended unless there is a specific provision in the statute conferring such power on an authority.  

By | April 19th, 2018|Categories: Revenue Cases|

Indian Penal Code, 1860, S.302–Murder–Bail–There is no allegation against either of the petitioners of having inflicted injuries upon the person of deceased–On five different dates complainant had been summoned but he has chosen not to appear–Out of 23 prosecution witnesses, only 05 have been examined till date—Bail granted

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

Punjab Village Common Lands (Regulation) Act, 1961, S.11–Claim for ownership-­ Petitioner claimed to be in cultivating possession of land since 1930–However, as per revenue records even prior to 1950 land has been record as ‘ Banjar Kadim’ (Uncultivable) and therefore he cannot be in cultivating possession

By | April 19th, 2018|Categories: Punjab Village Common Lands|

Allegation that present petitioner was driving the different car and was guiding the other vehicle so that the contraband could be delivered safely at the destination—Held; since no recovery has been effected from present petitioner, he is entitled to bail-Bail granted-Criminal Procedure Code, 1973, S.439.                        

By | April 18th, 2018|Categories: Bail|

Indian Penal Code, 1860, S.406 & S.420–Bail–Criminal breach of Trust-Cheating-Money given for getting work visa abroad-Amount was entrusted to main accused and not to present petitioner who had worked with main accused for a short period of time-Bail granted-Criminal Procedure Code, 1973, S.439–immigration Act, 1983, S.24.

By | April 18th, 2018|Categories: Bail|

Criminal Procedure Code, 1973, S.311–Recalling of witness-The witnesses cannot be recalled and re-examined to fill up the lacuna—A lacuna in the prosecution must be understood as the inherent weakness and cannot be filled up by the prosecution/complainant.

By | April 18th, 2018|Categories: Additional Evidence|

Specific Relief Act, 1963 -Agreement to Sell-Specific Performance-The authenticity of the documents is not in doubt, it is not possible to hold that the contents thereof were not known to any of the signatories to those documents-­ Suit decreed. 

By | April 18th, 2018|Categories: Specific Performance|

Since the Gram Panchayat has lost its title qua the subject-land in favour of respondent and those orders have attained finality, the petitioners have no locus-standi or cause of action to challenge those orders as they had merely stepped into the shoes of the Gram Panchayat. 

By | April 18th, 2018|Categories: Revenue Cases|

Amendment of written statement-­ Application not to be declined on the ground that the documents on which reliance is being sought to be made now, are not genuine documents

By | April 18th, 2018|Categories: Amendment of written statement|