Land Acquisition Acquisition of land – Development charge – Land owners, whose land has been utilized 40 years back, now cannot be compelled to pay the development charge for the development which has already taken place, only for a parcel of land to which they have not given compensation up to decades. November 27, 2022 phlaw
Cheque Bounce Cheque Dishonour – Company – By virtue of the office they hold as Managing Director or Joint Managing Director, these persons are in charge of and responsible for the conduct of business of the company. HELD Merely being a director of a company is not sufficient to make the person liable under Section 141 of the Act. A director in a company cannot be deemed to be in charge of and responsible to the company for conduct of its business November 27, 2022November 27, 2022 phlaw
Juvenile/Children Act Kathua Gang Rape and Murder Case – – Respondent accused was not a juvenile at the time of commission of the offence and should be tried the way other co-accused were tried – Impugned order passed by Chief Judicial Magistrate and the High Court which held that one of the accused was a juvenile is set aside – Appeal allowed. November 27, 2022 phlaw
Attempt to Murder Reduction in Sentence Compromise after conviction – Parties have decided to bury their inter-se dispute and further decided to live in peace, appeal partly allowed — Sentence modified and reduced to the period already undergone by the appellants. November 20, 2022 phlaw
Cheque Bounce Lok Adalat Argument that the JD-respondent ought to be arrested for non-compliance of the order passed by the Permanent Lok Adalat cannot be accepted in view of the fact that arrest would be a measure of last resort and in the case, some property of the JD-respondent already stands attached and the Executing Court November 20, 2022 phlaw
Will WILL – it has also been settled and expounded upon by the Hon’ble Supreme Court in catena of judgments that any unnatural, improbable or unfair disposition made in the Will has to be considered as a suspicious circumstance – no provision has even been made for her maintenance particularly under the circumstances wherein it has been established/ proved on record that the relationship between the husband and wife remained amicable throughout – SUSPICIOUS Will November 20, 2022November 20, 2022 phlaw
Additional accused Application seeking summoning of additional accused dismissed – Revision against dismissal order pending — Trial is at fag end — Ld. ASJ directed to decide revision petition of the petitioner expeditiously and preferably within one month. November 20, 2022 phlaw
Bail Granted POCSO POCSO – Allegations in the FIR by father that there were friendly relations between the petitioner and the victim which were not acceptable to them — Trial of the case will take sufficient long time — Petition allowed, petitioner ordered to be released on bail. November 20, 2022November 20, 2022 phlaw
Accident Cases IQ 58% and suffered 100% permanent disability in relation to whole body- HELD Appellant/ claimant being 20 years of age, future prospects @ 40% should also be granted – Rs.1 Lakh is awarded under the head of future medical treatment which shall cover expenses for special diet as well as transportation — Rs. 8,64,000/- awarded towards Attendant charges — As the disability in this case is 100%, Rs.6 Lakhs compensation is granted under non-pecuniary heads — Rs.2 Lakhs is granted for loss of marriage prospects – Total of compensation comes to Rs. 48,05,142 November 20, 2022November 20, 2022 phlaw
Accident Cases FIR is not a substantive piece of evidence – It is only during investigation of the case that police can come to know about the culprit, who had committed the crime — Therefore, non-mentioning of the details with regard to the offending vehicle and its driver in the FIR do not affect the case of the claimants adversely. November 20, 2022November 20, 2022 phlaw
