Accident Cases Head injury – keeping in view the fact that the claimant-appellant remained admitted in hospital from 18.06.2003 to 23.06.2003 and had received head injuries as per the MLR and the Discharge Slip, this Court deems it appropriate to enhance the compensation to Rs.2 lakh. January 26, 2023January 26, 2023 phlaw
NRI Landlord Punjab Rent Act East Punjab Urban Rent Restriction Act, 1949, — U/s 13-B, a NRI landlord is entitled to get only one building vacated irrespective of the number of tenants and the choice of the building has been left entirely to the landlord — Argument that a vacant piece of land is available with the landlord-respondent cannot be accepted January 26, 2023January 26, 2023 phlaw
SC/ST Act S C and S T (Prevention of Atrocities) Act, 1989 , Ss 3(i)(x) 14 an offence alleged to have been committed on 02.04.2011, learned Special Judge vide order dated 08.11.2016 observed that the amended Act, does not provide that it shall applicable with retrospective effect. Thus, the un-amended Act would be applicable to the said complaint HELD that the cognizance taken by the Magistrate after the amendment in the Act, would not vitiate the proceedings January 26, 2023 phlaw
Accident Cases Acquittal in criminal case – Judgment of a criminal Court is not binding upon the Civil Court or Tribunal under motor vehicular accident — Insurance Company cannot take advantage of such fact – Award of Tribunal upheld. January 26, 2023January 26, 2023 phlaw
Bail Granted Rape – Regular bail – Petitioner neither named in the FIR, nor in the complainant’s statement u/s 164 Cr.P.C., nor in her deposition before the trial Court — Complainant/prosecutrix is aged about 46 years – Bail granted January 26, 2023 phlaw
Quashing Rape – Compromise/ partial quashing of FIR – Contesting parties amicably resolved their issue — There appears to be no chance of conviction — Continuance of the proceedings would just waste valuable judicial time and courts are already over-burdened – Petition allowed, FIR and consequential proceedings arising therefrom quashed qua petitioner no. 1 and 3. January 26, 2023 phlaw
Regular Second Appeal Regular Second Appeal in the States of Punjab, Haryana and Union Territory, Chandigarh, is governed by Section 41 of the Punjab Courts Act, 1918 and not by Section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs vs. Chandrika and others, (2016) 6 SCC 157. January 26, 2023 phlaw
Compensation Code of Civil Procedure, 1908 (V of 1908), Section 95 — Compensation for obtaining arrest, attachment or injunction on insufficient ground — No evidence led qua any loss of business and litigation expenses –it cannot be said that there were insufficient grounds for attaching the property. It is further to be noticed that neither the order of attachment nor the order passed under Order 39 Rules 1 and 2 CPC and Order 38 Rule 5 CPC was ever challenged by the defendant-petitioner. January 24, 2023January 24, 2023 phlaw
Nuisance/obstruction Code of Criminal Procedure, 1973 , S 133 — Encroachment of passage – Old/ urgent obstruction — As per the legal position, Section 133 Cr.P.C. is applicable in the urgent conditions but in the matter, when the petitioner appeared before the SDM through his counsel, no such stand was taken by him that obstruction on the passage was old or that he was growing crops on that passage since long time — He sought time of 15 days to remove the encroachment and so he is now estopped from pleading that obstruction on the passage is quite old. January 24, 2023January 24, 2023 phlaw
Acquittal Narcotics NDPS – Acquittal – Secret information not reduced into writing and not sent to the police station or higher authority — Evidence clearly shows that the vehicle was not a public conveyance — Explanation appended to Section 43 of the Act clearly shows that a private vehicle would not come within the expression ‘public place’ January 24, 2023January 24, 2023 phlaw
