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March 2019

Amendment of Plaint-New Facts-­ Several new facts sought to be introduced with regard to the details of such property—Held; Such amendments, to fill up gaps in his case, cannot be allowed especially when the reason given by the petitioner for seeking the amendment is a clerical mistake which is not found from the record- Application dismissed.         

By | March 20th, 2019|Amendment of Plaint|

Comments Off on Amendment of Plaint-New Facts-­ Several new facts sought to be introduced with regard to the details of such property—Held; Such amendments, to fill up gaps in his case, cannot be allowed especially when the reason given by the petitioner for seeking the amendment is a clerical mistake which is not found from the record- Application dismissed.         

Hindu Succession Act, 1956, S.6–Inherited Property—Self Acquired property-­ Property inherited by Class-I heir from his father as per Section 8 of the Hindu Succession Act, 1956, would be his individual property and would not be ancestral property or joint Hindu family property.

By | March 20th, 2019|Hindu Succession|

Comments Off on Hindu Succession Act, 1956, S.6–Inherited Property—Self Acquired property-­ Property inherited by Class-I heir from his father as per Section 8 of the Hindu Succession Act, 1956, would be his individual property and would not be ancestral property or joint Hindu family property.

Ex-pa rte decree—Defendants despite service of summons and notice did not appear and adopted delaying tactics—Ex-parte decree set aside subject to payment of costs of Rs. 1.25 lacs.

By | March 20th, 2019|Exparte Decree|

Comments Off on Ex-pa rte decree—Defendants despite service of summons and notice did not appear and adopted delaying tactics—Ex-parte decree set aside subject to payment of costs of Rs. 1.25 lacs.

Bail-Habitual Offender- NDPS-Petitioner is involved in 3 more cases under NDPS Act- -Keeping in view that petitioner was not present at the place of occurrence and was not arrested; he is on bail in two cases except the present one; and it would be a symbolic release as the petitioner is undergoing sentence in other case and would be released only after suspension of his sentence in that case—Bail granted in present case

By | March 20th, 2019|Bail - Narcotics|

Comments Off on Bail-Habitual Offender- NDPS-Petitioner is involved in 3 more cases under NDPS Act- -Keeping in view that petitioner was not present at the place of occurrence and was not arrested; he is on bail in two cases except the present one; and it would be a symbolic release as the petitioner is undergoing sentence in other case and would be released only after suspension of his sentence in that case—Bail granted in present case

Bail–Habitual Offender–NDPS–Petitioner has been acquitted in one case and is on bail in another case under NDPS Act—In present case, submission that no independent witness was joined and form No.29 was not filed up at the spot—Without commenting on merits and keeping in view that petitioner is in custody from last about 21 months, bail granted

By | March 19th, 2019|Bail - Narcotics|

Comments Off on Bail–Habitual Offender–NDPS–Petitioner has been acquitted in one case and is on bail in another case under NDPS Act—In present case, submission that no independent witness was joined and form No.29 was not filed up at the spot—Without commenting on merits and keeping in view that petitioner is in custody from last about 21 months, bail granted

Attempt to Murder–Bail~Habitual Offender–Improvement in other criminal cases—Petitioner is already on bail in five other cases—Petitioner is in custody for 1 year and 4 months—Injured and complainant have been examined but there are total 11 prosecution witnesses-Trial may take long to conclude—Without commenting on merits bail granted

By | March 19th, 2019|Bail|

Comments Off on Attempt to Murder–Bail~Habitual Offender–Improvement in other criminal cases—Petitioner is already on bail in five other cases—Petitioner is in custody for 1 year and 4 months—Injured and complainant have been examined but there are total 11 prosecution witnesses-Trial may take long to conclude—Without commenting on merits bail granted

Murder–Bail–Habitual offender-Attempt to Murder-Petitioner was involved in total 12 cases-He has been acquitted in 8 cases—Held; petitioner is in custody from last 3 and half years; no recovery was effected from him; there is no eye witness and all material witnesses have been examined-Without commenting on merits bail granted

By | March 19th, 2019|Bail|

Comments Off on Murder–Bail–Habitual offender-Attempt to Murder-Petitioner was involved in total 12 cases-He has been acquitted in 8 cases—Held; petitioner is in custody from last 3 and half years; no recovery was effected from him; there is no eye witness and all material witnesses have been examined-Without commenting on merits bail granted

Appeal—Court while deciding the appeal against the judgment and decree is not debarred from examining the correctness of the interim orders passed by the trial court or first appellate court against which the revision petition has been dismissed in limine Additional Evidence—Opportunity to lead additional evidence by way of secondary evidence ought to be given by trial court for proving the document which has already been exhibited

By | March 19th, 2019|Regular Second Appeal|

Comments Off on Appeal—Court while deciding the appeal against the judgment and decree is not debarred from examining the correctness of the interim orders passed by the trial court or first appellate court against which the revision petition has been dismissed in limine Additional Evidence—Opportunity to lead additional evidence by way of secondary evidence ought to be given by trial court for proving the document which has already been exhibited

Bail–Habitual Offender-Commercial Quantity–NDPS–Keeping in view that petitioner is in custody for more than one year; in three cases including two cases under the NDPS Act, the petitioner is on bail and also the fact that all witnesses are the official witnesses and there is no possibility that the petitioner may influence the witnesses or tamper with the evidence—Bail granted—

By | March 18th, 2019|Bail - Narcotics|

Comments Off on Bail–Habitual Offender-Commercial Quantity–NDPS–Keeping in view that petitioner is in custody for more than one year; in three cases including two cases under the NDPS Act, the petitioner is on bail and also the fact that all witnesses are the official witnesses and there is no possibility that the petitioner may influence the witnesses or tamper with the evidence—Bail granted—

Bail–Handing over the seal after use~NDPS~In a other case pending under the NDPS Act against the petitioner, the police official who was member of the raiding party in that case was given the seal used in present case, which is likely to prejudice the interest of the petitioner—Bail granted

By | March 18th, 2019|Bail - Narcotics|

Comments Off on Bail–Handing over the seal after use~NDPS~In a other case pending under the NDPS Act against the petitioner, the police official who was member of the raiding party in that case was given the seal used in present case, which is likely to prejudice the interest of the petitioner—Bail granted

Agreement to Sell—Subsequent Purchaser—Assignee by sale in a suit for specific performance is entitled to be impleaded as necessary party to suit

By | March 18th, 2019|Specific Performance|

Comments Off on Agreement to Sell—Subsequent Purchaser—Assignee by sale in a suit for specific performance is entitled to be impleaded as necessary party to suit

Will—Attesting Witness—Merely because one of the attesting witnesses was a beneficiary under the Will cannot be considered as suspicious circumstance

By | March 18th, 2019|Will|

Comments Off on Will—Attesting Witness—Merely because one of the attesting witnesses was a beneficiary under the Will cannot be considered as suspicious circumstance

Court Fees—Trial Court not to direct to pay ad valorem court fee merely on asking of defendant without determining the nature and market value of land in dispute

By | March 16th, 2019|Court Fees|

Comments Off on Court Fees—Trial Court not to direct to pay ad valorem court fee merely on asking of defendant without determining the nature and market value of land in dispute

Maintenance—Income of Wife—Even if, the wife is proved to have some earning, still the upbringing of the minor children would require healthy amount these days—Wife entitled to maintenance

By | March 16th, 2019|Maintenance|

Comments Off on Maintenance—Income of Wife—Even if, the wife is proved to have some earning, still the upbringing of the minor children would require healthy amount these days—Wife entitled to maintenance

Dishonour of Cheque—Blank Cheque—Subsequent filing in of an unfilled signed cheque is not an alteration. Dishonour of Cheque—Presumption of debt—The existence of a fiduciary relationship between the payee of a cheque and its drawer, would not disentitle the payee to the benefit of the presumption under Section 139.

By | March 16th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Blank Cheque—Subsequent filing in of an unfilled signed cheque is not an alteration. Dishonour of Cheque—Presumption of debt—The existence of a fiduciary relationship between the payee of a cheque and its drawer, would not disentitle the payee to the benefit of the presumption under Section 139.

Primary Evidence—If the two original copies of the contract are prepared and signed by the parties, each copy would be primary evidence. Will—Suspicious Circumstances—Court is required to see whether the foundation of the suspicious circumstances has been laid in the pleading followed by evidence and the suit alleges suspicious circumstances are substantive and not based upon conjectures and surmises

By | March 15th, 2019|Will|

Comments Off on Primary Evidence—If the two original copies of the contract are prepared and signed by the parties, each copy would be primary evidence. Will—Suspicious Circumstances—Court is required to see whether the foundation of the suspicious circumstances has been laid in the pleading followed by evidence and the suit alleges suspicious circumstances are substantive and not based upon conjectures and surmises

Agreement to Sell—Earnest Money—Once readiness and willingness had not been proved, earnest money deemed to have been forfeited

By | March 15th, 2019|Specific Relief Act|

Comments Off on Agreement to Sell—Earnest Money—Once readiness and willingness had not been proved, earnest money deemed to have been forfeited

Injunction—Suit for Possession—Court Fee— Civil suit for mandatory injunction claiming possession of the suit property from the defendants in the absence of payment of court fees, much less branding them to be licenses would be maintainable in case they have been filed within reasonable time, otherwise relief for possession on payment of court fees is required to be sought

By | March 15th, 2019|Injunction|

Comments Off on Injunction—Suit for Possession—Court Fee— Civil suit for mandatory injunction claiming possession of the suit property from the defendants in the absence of payment of court fees, much less branding them to be licenses would be maintainable in case they have been filed within reasonable time, otherwise relief for possession on payment of court fees is required to be sought