October 2018

Injunction—Disobedience of Order—Court ought to have exercised inherent powers in providing police assistance to restore the possession and should not relegate the party to avail the remedy under S.6 of Specific Relief Act,

By | October 22nd, 2018|Categories: Injunction|

Specific Relief Act, 1963, S.34–Suit for Recovery-Pronote-Limitation–New pronote or second pronote was in continuation of previous pronote–Once a partial payment was made and new pronote was executed for the remaining amount, the limitation cannot be counted from previous pronote

By | October 22nd, 2018|Categories: Limitation Act|

Public Premises—Department, who is not the owner, could not have initiated the eviction proceedings. Public Premises—in absence of violation of terms and conditions of allotment, there was no occasion for the department to cancel the allotment.

By | October 22nd, 2018|Categories: Jurisdiction - Civil Court|

Succession—After partition of the Joint Hindu Family property amongst the family members, property becomes self acquired property of holder thereafter. Specific Performance-A Karta of the joint Hindu family has a right to sell the property for legal necessity. Once a Karta enters into an agreement to sell, he cannot be allowed to avoid specific performance thereof on the ground that the property is a joint Hindu family property

By | October 15th, 2018|Categories: Succession Act|

Punjab Village Common Land (Regulations) Act, 1961, S.13-Jurisdiction of Civil Court—Vesting of land—Claim of Possession—Suit instituted whether the land could vest in Gram Panchayat or not prior to the enactment of the Act would be decided by Civil Court

By | October 15th, 2018|Categories: Jurisdiction - Civil Court|

Land Revenue—Sanction of Mutation—Merely because the mutation of the sale-deed of agricultural land was not sanctioned in the revenue record, the rights of a vendee in the sale-deed and his successor would not evaporate.

By | October 15th, 2018|Categories: Jurisdiction - Civil Court|

Bail–NDPS- Recovery of 2.5 kgs of intoxicant powder, 95 intoxicant injections of each 2 mis and 50 vials without label without any permit or licence-Contention that out of 9 witnesses only 3 have been examined and there is no other similar case-Bail granted

By | October 10th, 2018|Categories: Bail - Narcotics|

Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, S.3—Parole— Pregnancy of Wife-Accused is in custody from more than 2 years and appeal against his conviction is pending-It is case of high risk pregnancy– Parole of 6 weeks granted

By | October 10th, 2018|Categories: Parole|

Electricity Act, 2003, S.127–Unauthorised use of Electricity—Appeal—Demand Notice-Permanent Lok Adalat for Public Utility Service has no jurisdiction to adjudicate/decide the suit after failure of conciliation; in wake of right of appeal available to consumer-Legal Services Authorities Act, 1987, S.22-C

By | October 8th, 2018|Categories: Electricity Act|

Kidnapping for Ransom-Murder-Acquittal-There is no material attribution to appellant (co-accused) at the time of murder or calling for ransom-Salary slip belonging to father of deceased was recovered from the house of appellant-Held; Only this circumstance is insufficient to connect appellant with the crime beyond doubt

By | October 8th, 2018|Categories: Acquittal|

Murder–Gunshot Injury-Acquittal-Mere recovery of pistol and the matching of bullet cannot be enough to convict the person for offence of murder, when there is absolutely no evidence to show as to who fired the bullet from the pistol and at whom it was fired-Accused acquitted.

By | October 8th, 2018|Categories: Acquittal|

Disclosure Statement—Relatives of deceased themselves recovered dead body on basis of extra judicial confession by accused under pressure—Police was informed thereafter—Such recovery cannot be held as recovery on disclosure statement of accused.

By | October 8th, 2018|Categories: Evidence - Criminal Cases|

Res judicata-Agreement to Sell- -Injunction–Once the relief has been sought in the previous suit and the same has been declined and the matter is already sub judice, the second suit claiming simple injunction on the basis of same agreement to sell is barred by the principal of res judicata

By | October 3rd, 2018|Categories: Res judicata|

Penalty on Surety-Absence of accused-­ One of the accused was in custody on relevant date and other was already arrested and had surrendered before trial court-Presence of accused was beyond control of sureties-Impugned order imposing penalties on securities set aside.                                 .                                             

By | October 3rd, 2018|Categories: Evidence - Criminal Cases|

Attempt to Murder—Gunshot Injuries—Bail—Gunshots were fired on the non-vital parts of the body, i.e., shoulder and arm of                                         the victim-Bail granted Criminal Procedure Code, 1973, S.439. 

By | October 3rd, 2018|Categories: Bail|

Eviction Petition—Co-owner can always maintain a suit for eviction even though he was not receiving rent. Eviction Petition—Owner of premises is competent to maintain petition without impleading the landlord.

By | October 1st, 2018|Categories: Punjab Rent Act|

Eviction—Mesne Profits—Premises taken on lease long back—Mesne profits payable by such tenant cannot be compared with the rent settled with tenants of adjoining or nearby shops. Eviction—Mesne Profits—Lease deeds produced by parties are only a guiding factor for the Court and are not to be blindly followed. Eviction—Mesne Profits—Lease deeds of banks—Not to be taken as exemplar because banks get many additional facilities while taking the premises on rent. Eviction—Mesne Profits—Escalation clause in the lease deed executed between the parties is adequate and reasonable factor to be considered while determining mesne profits.

By | October 1st, 2018|Categories: Punjab Rent Act|

September 2018