June 2018

Motor Vehicles Act, 1988, S.166–Accident–Negligence–the fact that the bus had turned turtle, goes to show that It was being driven at a high speed—There is no infirmity in the finding that both the drivers were at fault and It is of contributory negligence—Liability apportioned as 50:50   

By | June 18th, 2018|Categories: Negligence|

Writ Petition—Locus Standi—Rights under Article 226 of Constitution can be enforced only by an aggrieved person—However, in exceptional circumstances, court can grant the permission to third party to espouse the cause of real aggrieved person(s).

By | June 18th, 2018|Categories: Constitution of India|

Civil Procedure Code, 1908, O.8 R.6-A–Counter Claim—Counter claim against a co-defendant is not maintainable—Counter claim can be filed against the claim of the plaintiff and it can be filed regarding a cause of action accruing to defendant against the plaintiff

By | June 18th, 2018|Categories: Counter Claim|

False Statements—Injunction secured by giving false statement duly supported by affidavit—Show cause  u/s 193, 196, 200 and 209 IPC. Package Deal Properties—Auction Sale—Directions issued that after finalization of the auction proceedings, the auction purchaser is put into possession on the spot and revenue entries are duly updated as per law,

By | June 13th, 2018|Categories: Injunction|

Rape—Perjury—Prosecutrix had given false evidence and had also turned hostile—High Court proceeded for offence of perjury against all material witness including prosecutrix who turned hostile.

By | June 13th, 2018|Categories: Perjury|

Evidence Act, 1872, S,106-Burden of Proof-Incriminating Circumstances-Special Knowledge-When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him-If any of the inmates claims contrary under Section 106 of the evidence Act the burden of proving that fact is upon him since that is within his/her special knowledge.

By | June 12th, 2018|Categories: Evidence - Criminal Cases|

Service Law–Selection–NDA Course-Armed Forces-Candidate cleared the exam but was found unfit by medical board-Review from an independent body found him fit-Candidate permitted to join the course from next session as an exceptional case.                        

By | June 12th, 2018|Categories: Service Cases|

Criminal Breach of Trust-Forgery-Acquittal–Allegation that accused person projected himself as President of club and operated bank accounts of club for personal use and thus mis-appropriated the funds-Accused acquitted

By | June 11th, 2018|Categories: Acquittal|

It does not appeal to reason 10/15 persons attacked the house while armed with iron rods and barchhies apart from firearm but they could not cause any injury to the complainant or his son-Acquittal on improbability of story upheld

By | June 11th, 2018|Categories: Acquittal|

Murder–Gun Shot Injury-Acquittal- Attempt to Murder—Recovery of empty and live cartridges of gun of different specifications other than gun which was attributed to petitioner—Acquittal upheld

By | June 11th, 2018|Categories: Acquittal|

Punjab Land Reforms Act, 1972-Punjab Utilization of Surplus Area Scheme, 1973, Clause 10{c)–Cancellation of allotment-Allottee of surplus area transferred his land in violation of scheme and without paying any compensation to state-­Revenue authorities cancelled the allotment and re-entered the mutation in the name of state—Order held to be justified

By | June 11th, 2018|Categories: Revenue Cases|

Punjab Cooperative Societies Act, 1961, S.26 – Eligibility for Election -S.26(1) does not – indicate that it make any distinction between a primary society and central society-All that is referred to is that it applies to the cooperative society.

By | June 8th, 2018|Categories: Co-operative Societies Act|

Service Law—Recovery of Loss—Withholding of retiral benefits—Recovery made without show cause notice—Once the appellant has accepted certain recoveries to be justified, there would be no occasion for him to insist on show cause notice

By | June 8th, 2018|Categories: Service Cases|

Parole–Emergency Parole- One month earlier petitioner has surrendered in time after availing six weeks parole—Petitioner has brought up his real brother’s son as his son since his childhood-Petitioner deserves to be released on interim parole so as to him to solemnize© the marriage of his nephew—Parole granted

By | June 8th, 2018|Categories: Parole|

Parole– Applicant has been sentenced to undergo life imprisonment u/s 302 IPC-Petitioner released on parole for a period of one week to enable him to attend the marriage of his niece.                                                                                                                               

By | June 8th, 2018|Categories: Parole|

Punjab Land Revenue Rules, 1909, R.15–Lambardar—Appointment of–Educational Qualification-Beth the candidates are almost equally educated-Choice of collector has to be respected unless there is gross perversity in approach-Appointment upheld.   

By | June 8th, 2018|Categories: Lambardari|

Punjab Public Premises & Land (Eviction and Rent Recovery} Act, 1973, S.9~ Eviction- -Ownership of the land vests in Musterka Malkan Hasab Rasad Khewat and the Gram Panchayat has the in ‘management’ and ‘control’ over it-Such land, even if not a ‘shamlat deh’

By | June 5th, 2018|Categories: Shamilat Deh|